child injury

Halloween Injury Risks in SWFL

October 15, 2020 | Associates and Bruce L. Scheiner

The spookiest thing about Halloween might be the increased injury risks.

We wish you the best and hope you stay safe among the ghosts and goblins that will usher in the official start of the holiday season. We’ve noticed a number of communities were already installing their holiday lights this week. Perhaps that’s fitting: As historic as it has been, few will be sorry to see the end of 2020.

The coronavirus pandemic might change Halloween some. But it’s a safe bet kids won’t be getting their candy fix on Zoom and our injury lawyers in Cape Coral and Fort Myers know the systemic risks will be largely the same: Pedestrian injuries, collisions caused by drunk driving, and premises liability cases stemming from injuries at resorts, nightclubs, large gatherings and riotous parties.

Child Injury Risks in Southwest Florida

August 19, 2020 | Associates and Bruce L. Scheiner

We all have increased concerns when it comes to child safety and the start of the school year. But this year is unlike any other in modern history, with the coronavirus pandemic causing much stress and uncertainty in all of our lives.

Collier, Lee and Charlotte counties all expect to begin in-person classes on Monday Aug. 31. Most families will also have the option of enrolling their child in some form of virtual learning; in Lee County, that means Lee Connect or Lee Virtual School.

But, while the pandemic brings its own unique risks, the fact remains the most common causes of serious and fatal child injuries have not changed.

Swimming Pool Safety a Summer Focus in Southwest Florida

June 5, 2020 | Associates and Bruce L. Scheiner

Covid concerns and social-distancing restrictions have safety advocates worried about swimming pool accidents this summer as families and friends gather to make the best of this challenging time.

Our Fort Myers injury lawyers urge families to take proactive measures to keep swimmers safe at private pools this summer, especially in cases where toddlers or young children will have access to those irresistible backyard waters.

For those venturing out to public pools and swimming facilities, the Centers for Disease Control and Prevention issued guidelines in time for Memorial Day weekend. While the swimming might be safe, it’s the interaction with others that carries the risk. Recommendations include wearing a mask until getting into the water, staying six feet apart, covering coughs, frequent hand washing and not sharing goggles or other equipment.

Lee County Bus Stop Deaths Highlight Risks to Vulnerable Road Users

March 28, 2019 | Associates and Bruce L. Scheiner

For the second time this year a child has been killed near a Lee County bus stop.

Monday’s tragic death of an 8-year-old Cape Coral girl has rallied the entire community. She was struck by a truck while waiting with her twin brothers at the side of the road. A red pickup truck traveling toward the intersection struck her and then left the scene. An outpouring of community support and a GoFundMe page have raised more than $48,000 this week. Police have recovered the truck and identified a suspect as the investigation continues.

So far in 2019, a total of 28 people have died on Lee County roads, a record number, The News-Press reported. Nearly half of these deaths have victimized our most vulnerable road users, including the deaths of seven pedestrians, as well as four cyclists.

Premises Liability Case Involving Injury to Young Boy Will Proceed, Court Rules

October 15, 2017 | Associates and Bruce L. Scheiner

In Florida, property owners are generally liable for dangerous conditions that are not obvious and cause harm to those who are lawfully present. There are varying degrees of a property owner’s responsibility in this area of law – known as premises liability – depending on the status of the individual who was hurt. For example, someone who is invited onto the property for the financial benefit of the property owner is owed a higher duty of care than someone who is trespassing.

In most cases, trespassers are not owed any duty of care, except that property owners can’t intentionally harm them or set traps. When it comes to children, though, the standards are different. Children are generally owed a greater duty of care than adults in the same situation, and this is true also when children are trespassing. The doctrine of attractive nuisance, for example, holds that if property owners maintain dangerous conditions likely to attract young children to the site, the property owner must be sensitive to that potential danger (which a child may not appreciate) by posting a warning or taking some other affirmative steps to protect children from that danger.

Recently in Minnesota, the state supreme court there considered property owner liability in the case where a 4-year-old boy nearly drowned in the Mississippi River and suffered severe and permanent brain damage. Continue reading ›