Here, our Fort Lauderdale child injury attorneys details some of the more common child injuries and fatalities reported this summer and what type of situations may allow for legal recourse (compensation for medical bills, lost wages, loss of life enjoyment, pain and suffering, emotional distress and punitive damages). As always, this is not intended to be legal advice, and specific questions and concerns should be addressed in direct consultation with an experienced personal injury lawyer.

Water Safety/Drowning

Drowning in Florida is the No. 1 cause of death among children ages 1 to 4 (enough to fill three-to-four preschool classrooms every year). According to Water Smart Tots, a non-profit that raises awareness of child drowning deaths in the greater Tampa Bay area, drowning deaths in Florida were up 70 percent in February and March, compared to the same time last year. That risk is believed to have only gotten worse as an increasing number of parents are trying to juggle working from home while homeschooling older kids. Toddlers can drown in just a few inches of water, and it only takes seconds for them to slip away unnoticed and into a nearby canal, pool, lake or bathtub.

Nationally, about 1,000 kids of all ages die each year in drowning incidents, about 45 percent of those being kids ages 1 to 4.

Liability in these cases really depends on who was in charge. If a child was being supervised at someone else’s home or if the child was able to gain access to an un-gated or un-guarded pool or other body of water, it’s possible a claim could be made against one’s homeowners’ or renter’s insurance. If the child was in a daycare, camp, condominium association, etc., chances are these operations have some sort of liability insurance that may pay the claim.

Prevention is always better. Younger children and those who are not experienced swimmers should always be within an arm’s reach. Means of egress, including windows, doors and screens, should be equipped with proper locking mechanisms and alarms if necessary. Pools should be equipped with alarms, gates and other barriers. Remember that drowning is a silent catastrophe that can happen in just a few minutes. Adequate supervision around any body of water is key.

Bicycle, Scooter and ATV Injuries

It is impossible to talk about child summer safety without talking about bicycles, scooters and ATVs. Summer is already the time when these injuries are reported at all-time highs compared to the rest of the year. We don’t have any local statistics for this year yet, but anecdotal evidence suggests these types of injuries spiked this year as children sought a physical outlet and boredom buster that would also allow them to remain socially-distanced/outdoors. It is imperative that parents be vigilant about their children wearing helmets at all times. Hospitals throughout the country have been reporting an uptick in child head injuries among youthful riders.

As far as liability, it will depend heavily on the situation. For example, if an adult was supposed to be supervising and was not, that individual may be legally responsible. If the child was struck by a motor vehicle, it will be important to look carefully at what happened. Even if a child unexpectedly darted out into the street, a driver may be held liable if they were not traveling at a reasonable speed, were distracted, etc. Drivers have a responsibility to be alert and prepared for sudden emergencies just like that. In some cases, there may be grounds for a claim against the manufacturer of the bike, scooter or ATV if there is evidence it malfunctioned or was defective as designed or built.

Firearms

This isn’t a child injury risk unique to summer, but it’s imperative especially when your kids are home all day, not going to camp, not in school, etc. that firearms be properly secured and stored. It’s also a risk likely to be exacerbated by the fact that many more homes may have guns. Purchases of firearms climbed during the pandemic. Although some of these sales undoubtedly involved existing owners, some are probably new owners as well. Pediatric emergency room doctors have raised concerns about new owners in particular, the worry being that they might not be educated about gun storage. Firearms should be stored unloaded and locked in a safe or with some type of trigger lock. Keep ammunition locked up somewhere else. If a child is visiting someone else’s home, parents should ask about the presence of unsecured firearms.

If your child is injured in an accidental shooting at someone else’s home, you may have grounds to claim damages against the adults who were supervising. Such claims may be paid out by the homeowners’ insurance policy.

General Household Child Injuries

There are a number of other injuries that can occur in and around the home, with risks of poisoning, falls, dog bites and those involving appliances especially problematic. Back over injuries in driveways are problematic as well. Keep medications and cleaning solutions are out-of-reach, make sure windows and front doors are sturdy, that heavy furniture is secure and remain on alert for potential hazards.

If your child suffers serious injuries, our Fort Lauderdale child injury lawyer can help you examine your legal options.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources: In This Pandemic Summer, Don’t Forget About Kids’ Other Risks, Aug. 3, 2020, By Perri Klass, M.D., The New York Times

Recently, The Lincoln Journal Star in Nebraska reported a 2-year-old boy died on a recent afternoon when a strong gust of wind blew over the unenclosed inflatable bounce pillow on which he was playing at a pumpkin patch. The boy and his older sister, 5, were at a private event, playing on the pillow with their parents, who both slid off seconds before the gust of wind swept the pillow up, despite being tethered to the ground. The wind gust reportedly clocked in at around 60 mph. The pillow was ripped of its moorings and flew some 30 to 40 feet. The girl was thrown, but the boy reportedly became “wrapped like a taco” inside the inflatable.

The newspaper reported the pumpkin patch owner does carry the requisite liability insurance required of such operations. Such a claim would fall under the umbrella of premises liability, which holds property owners or controllers responsible for dangerous conditions on their property. Our Fort Lauderdale injury lawyers explain that while the number of defendants will be case specific, it’s plausible the child’s parents may have grounds to pursue claims also against the inflatable pillow manufacturer, as well as the event organizer, if a different entity than the pumpkin patch.more

This is not a brand new problem, sadly. The Consumer Product Safety Commission reports that between 2003 and 2013, more than 113,000 children were treated in hospital emergency rooms for injuries while using inflatable amusements.

Nearly half of these incidents occur in a commercial (non-home) environment, while another 21 percent occurred in a residential setting. In 33 percent of cases, the location designation wasn’t indicated. Of those children injured, 88 percent were under 15 and 60 percent were between the ages of 5 and 14.

Injury breakdown was as follows:

Leg/ Foot – 34 percent

Arm/ Hand – 32 percent

• Head/ Face – 15 percent
• Other – 12 percent
• Torso – 7 percent
• Types of injuries were pretty evenly split among:
• Fractures – 28 percent
• Sprains/ Strains/ Dislocation – 27 percent
• Contusion/ Abrasion/ Laceration – 23 percent
• Other/ Not Stated – 22 percent

During that 10-year time frame, a total of 12 children lost their lives on inflatable attractions.

There have been numerous other recent child injury cases involving these inflatables reported across the country just in the last year.

In April, at a church carnival in South Carolina, five children where inside a bounce house when a gust of wind swept by, carrying the bounce house – and the children inside – some 30 feet in the air. All of the children were injured, two seriously, after falling out while the bounce house was airborne, according to The Washington Post.

The very next month in Southern California, The Washington Post reported a “near tragedy” when a bounce house set up at a residence blew over a highway with a 9-year-old inside. The child fell out and hit a car – but miraculously, survived.

Because these incidents can result in such serious child injury and wrongful death, it’s important for parents of those hurt to seek out experienced legal counsel.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resource:

2-year-old who died after bounce pillow incident was ‘adored by all’, Oct. 5, 2018 By Riley Johnson, Lincoln Journal Star

More Blog Entries:

Florida Scooter Accident Risk Higher Amid Booming Rental Business, Sept. 5, 2018, Fort Lauderdale Child Injury Lawyer Bog