child injury lawyer

Back-to-School Bicycle and Pedestrian Accident Risks

July 27, 2019 | Associates and Bruce L. Scheiner

The school year gets underway in Southwest Florida on Aug. 12, and motorists should expect to begin seeing an increasing number of young people walking or cycling to school, particularly during the early morning hours and the start of the afternoon commute.

Florida is already the most dangerous state in the nation for both bicyclists and pedestrians. The beginning of the school year, and the arrival of early darkness, often lead to an increased risk of child injury.

Our Fort Myers child injury lawyers urge you to use caution, particularly near school zones or while traveling through residential neighborhoods. Providing children the right-of-way is always the best bet when it comes to reducing your chances of being found responsible for causing a tragic accident.

New CPSC Toy Report: 240,000 Toy-Related Injuries, 7 Deaths in 2016

November 30, 2017 | Associates and Bruce L. Scheiner

As the holidays approach, the demand for new toys will be high, both in stores and online. Buyers must be cautious when purchasing items to make sure they are following the manufacturer’s age recommendations and that they stay tuned to any reports of injuries or news of a potential toy recall.

The U.S. Consumer Product Safety Commission (CPSC) recently issued its annual Toy-Related Deaths and Injuries report for 2016, revealing that last year, there were a total of 240,000 emergency department trips spurred by dangerous or defective toys. That doesn’t represent a significant statistical trend

While not every toy-related injury is cause for a personal injury lawsuit, if plaintiff can show the product was unreasonably dangerous or defectively designed or defectively manufactured, there may be grounds for legal action. Serious injuries can occur when toys are made cheaply, with toxic materials or sold with inadequate warnings. Defendants in these cases can include anyone in the chain of distribution – from the product designer to its manufacturer to its distributor. Continue reading ›

Playground Injuries and the Dangerous Condition Requirement

May 25, 2017 | Associates and Bruce L. Scheiner

A recent playground injury involving a child reached a state supreme court, which was tasked with considering whether sovereign immunity laws protected defendant school district from liability for allegedly defective equipment.

Sovereign immunity is a legal principle handed down by the English that held the “sovereign” or government could not be held liable for tort actions. The theory is that the government needs to be able to carry out basic function and policies without fear of liability. But this is not absolute. In Florida, there are exceptions under F.S. 768.28, the state’s waiver of sovereign immunity.

Sovereign immunity laws vary from state-to-state. The case in question was weighed by the Colorado Supreme Court, which decided a piece of playground equipment that was not negligently constructed or maintained can’t be considered a “dangerous condition” for purposes of the sovereign immunity exception. Continue reading ›

Plaintiff in Child Injury Lawsuit May Proceed with Claim, Appeals Court Rules

May 10, 2017 | Associates and Bruce L. Scheiner

Summer is on the horizon, which means many families will have more free time to explore the outdoors, taking advantage of Florida’s many parks, campgrounds and beaches.

However, there is something important visitors – including locals and tourists – need to understand about the risk they are assuming when venturing onto these sites for recreation. Florida’s recreational use statute, F.S. 375.251, limits liability of property owners who make public certain areas for recreational use without charging them. The purpose is to encourage those who own land, water and park areas to make those sites available to the public for outdoor recreation by limiting the owners’ liability for persons injured on those sites.

Essentially, visitors to these sites can’t make the presumption that any of these recreational areas are safe for any purpose. The property owner doesn’t owe a duty of care to the people who go to that area, and he or she won’t be liable or responsible for any injuries to people who visit the site. The only real exception to this is liability for deliberate, willful or malicious injury to persons on the property – and that is a difficult assertion to make. Continue reading ›

School Injury Lawsuit Alleges Negligence in 5-Year-Old’s Fall

August 13, 2016 | Associates and Bruce L. Scheiner

An elementary school student’s mother has filed a lawsuit against a Connecticut school district, alleging that last school year, her 5-year-old daughter was seriously and permanently injured in a playground fall.

The child was running from the playground to the school building when she fell, hitting her stomach on the sharp edge of a concrete step. Despite the girl complaining of severe abdominal pain, the school didn’t contact anyone for medical assistance, nor did they call the girl’s mother. The girl told her teacher she had begun to feel worse after returning to class. Then, she developed a fever and began vomiting. By then, four hours had passed. Finally, the teacher contacted a nurse.

The girl was rushed to the hospital, where she ultimately lost one of her kidneys, an injury her mother has characterized as not only permanent, but disabling. The family has spent enormous sums of money on hospital bills, medical care and physical therapy, according to the personal injury lawsuit. Continue reading ›