Common Holiday Accidents for Kids

Common Holiday Accidents for Kids

by Children Injuries & Accidents

Common Holiday Accidents for Kids
With the holidays fast approaching, many parents are looking forward to unwinding, sleeping in, and maybe making an appearance at a few holiday parties. But while you may feel inclined to relax parental supervision and be more lenient with the kids, this might not be what’s best for your children. The holidays come with an increased risk of accidents and holiday related-injuries, particularly for young carousers.

 

Happily, the chances for such accidents can be dramatically reduced with caution and responsible preparation. Here’s a list of the most common holiday accidents for kids and how to avoid them:

 

Hypothermia and other illnesses

 

Thankfully, this is one that Floridians don’t really have to worry about, but it’s still worth considering if you’re going to be traveling north to visit family. Youngsters who spend long hours playing outdoors are at risk for hypothermia, which can occur at temperatures as warm as 40 degrees. Cold weather can also bring about coughs, cold, and the flu.

 

To reduce risk for such illnesses, make sure children are dressed properly before venturing outdoors. Outfit kids in loose-fitting layers, and be sure to cover heads, hands, and feet. Avoid activities that cause a lot of sweat, as wet clothing allows heat to leave the body more quickly.

 

Burns and fires

 

From bubbling pots of gravy to flickering candles to electric lights, the holidays come with countless burn and fire hazards.

 

To prevent burns, keep children out of the kitchen, and never leave young ones unsupervised with lit candles. Christmas tree lights, decorations, and space heaters can also pose a threat—be sure to examine wires for damage or fraying, and avoid overloading electrical sockets. Always unplug lights before sleeping or leaving the house.

 

Poisoning

 

Common Christmas plants—including poinsettias, mistletoe, and holly berries—can be highly toxic if digested. If eaten, these plants can cause vomiting, diarrhea, and rashes.

 

Keep plants and flowers out of reach of children and pets, and be sure to have the number for your local poison control center on hand.

 

Choking

 

Children are especially at risk for choking-related injuries, and the opportunity for choking accidents only grows around the holidays. Not only are common holiday foods such as drumsticks, candy, and popcorn potential hazards, non-food items such as ornaments and toys pose dangers as well.

 

Remind children to take their time and chew their food to reduce potential for choking. Refrain from purchasing small or breakable decorations, and do not allow young children to play with unsafe toys with parts small enough to fit through a paper towel roll.

 

Car accidents

 

Boca Raton Car Accidents

When the holiday season rolls around, driving becomes an especially dangerous endeavor.  During this busy travel time, roads flood with drivers—many of whom are tired or impaired by alcohol. What’s more, holiday weather conditions can be treacherous.

 

To avoid tragedy, never drive under the influence of alcohol, and refrain from driving during bad weather and busy traffic times. Make sure youngsters buckle up, and little ones are tucked safely in car seats.

 

Even with responsible care and precautions, holiday accidents happen. There is little you can do if a reputable manufacturer allows you to purchase a defective product  or if an irresponsible driver hits your car. If your child or loved one has suffered injury because of someone else’s negligence or carelessness, contact an experienced personal injury lawyer. With the help of a knowledgeable attorney, you and your family can receive the compensation you deserve.

 

Boca Raton Elder Abuse Lawyer

Nursing Homes Need to Take Psychological Abuse Seriously

by Nursing Home Abuse

Boca Raton Elder Abuse Lawyer
There have been a lot of stories over the past several years about how much abuse goes on in nursing homes around the country, and most people are well aware of the fact that many of our seniors are getting mistreated.

 

But that doesn’t mean you really understand how bad things are. The National Center for Elder Abuse has compiled studies showing that anywhere from 7.6 to 10 percent of all seniors have suffered from abuse. Worse, various studies estimate that only one incident of abuse is reported for every 14 to 24 that occur. And in a study conducted from 1999 to 2001, but only recently reported to the public, researchers found that instances of abuse occur at nearly one-third of all nursing homes in the United States.

 

If you have an older relative in an assisted living facility or nursing home, this report was probably particularly disturbing, and you may be watching out for signs of physical abuse when you visit. Some of the most common things to look for are bruises, broken bones, clothes that are torn or bloody, marks that seem to be from restraints, and signs of neglect, such as malnutrition, dehydration, bedsores, and a sudden loss of weight. Even excessive injuries from falls, which can be serious or very minor, can be a sign that someone is abusing your loved one.

 

But while it’s vital that you pay attention to these signs of physical abuse and neglect and report them as soon as you notice them, don’t forget it’s just as important to watch out for signs that your loved one is being psychologically abused.

 

How Are Seniors Psychologically Abused in Nursing Homes?

 

There are a number of different ways that seniors can suffer psychological abuse in senior living facilities. Some of them may not even be intentional by the people who are supposed to be taking care of them, but they can still cause lasting harm to your loved one, and caregivers who engage in this kind of behavior – regardless of whether they intended to harm their residents or not – are not living up to the legal obligations of their station.

 

How Are Seniors Psychologically Abused in Nursing Homes?

Verbal abuse. Some caregivers have been known to speak to the elderly people in their care in a manner that is violent, intimidating, threatening, humiliating, dismissive, offensive, or simply hurtful and can leave the resident anxious or scared. Over time, these psychological symptoms can even cause physical problems to manifest when the abuse is serious enough.

 

Isolation and neglect. While there can be physical signs of neglect for seniors, emotional neglect can cause big problems, too. This happens when caregivers intentionally or unintentionally leave specific residents out and provide them with a lower level of care than other residents. Even if their physical needs are technically being met, this kind of behavior can leave a senior feeling like they don’t matter and cause them to stop taking care of themselves and sink into a depressive state. This form of psychological abuse is difficult to identify and prove unless there are accompanying physical problems, but it does exist.

 

Signs of Emotional Abuse in Seniors

 

If you want to know if your loved one is being psychologically abused, the best thing to do is check in on them more frequently so you can see how they are treated and how they interact with everyone around them at the facility. Often, abused seniors don’t report abuse because they are afraid of retaliation or – worse – that they won’t be believed. Some may even feel the treatment is “deserved” or somehow their fault.

 

Some common signs of psychological abuse in elderly nursing home residents include:

 

  • Visible depression that coincides with their time at the nursing home
  • Visible anger that coincides with their time at the nursing home
  • Frequently blaming themselves for problems that are insignificant and/or for which they bear no responsibility
  • Displaying a high level of anxiety or fear whenever they are around certain people
  • “False dementia” – rocking, sucking, and mumbling

 

Unfortunately, none of these signs are actual proof that any abuse is going on, and can easily be signs of something else entirely. If you notice any of these signs, the first thing you should do is to ask your loved one if anyone is bothering or hurting them. You can also try to talk to other residents who are coherent and staff members that you like and trust.

 

If it seems like abuse truly is occurring, the first thing you should try to do is move them out of that facility as soon as possible, then talk to the authorities and file a complaint with the Florida Department of Elder Affairs. After you’ve removed your relative from the negative situation and brought the problem to the attention of the appropriate people, contact an experienced elder abuse attorney immediately.

 

Boca Raton Nursing Home Abuse Attorney

There are a wide variety of claims that you can bring against abusive caregivers and nursing homes, including allegations of physical, verbal, sexual, and financial abuse, as well as neglect. There are different things that need to be proven in each type of case, so it’s in your best interest to work with a knowledgeable professional who can guide you through the legal process and make sure that you and your loved one are compensated for what you had to endure, and that the heinous acts that occurred won’t happen to someone else.

 

Defective Product Lawyer Boca Raton

How Do You Know If You Have a Defective Product?

by Product Liability

Defective Product Lawyer Boca Raton

Ideally, all consumer products that go to market have been thoroughly tested to prevent them from unexpectedly harming anyone. But occasionally something slips through the cracks; maybe the marketing team fails to include adequate instructions for the product’s use on its packaging, or a manufacturer just doesn’t realize that a small part on a child’s toy could come loose and become a choking hazard. But since product defects aren’t always obvious, how do consumers know if they have a defective product on their hands?

 

One of the most straightforward ways to find out if you have a defective product is to pay attention to product recalls. Unfortunately, manufacturers do not always do a very good job of broadcasting their recalls, so consumers need to take a proactive approach to discovering if they have any defective products. Concerned consumers should frequently go to Recalls.gov to search for recalled products by category or keyword.

 

But what if you don’t hear about a recall—or a company fails to issue a recall before you are harmed by one of their products? In that type of situation, how do you know whether you have a strong case against the company?

 

Proving Liability for a Defective Product

 

Proving Liability for a Defective Product

Fortunately, the people and companies who create and sell consumer goods are typically held to strict liability in defective product cases. This means that a plaintiff only has to prove that a consumer product is unreasonably dangerous in order to hold the manufacturer, designer, or marketer accountable. There are three main ways that a product may be found defective:

 

Product defects. Product defects affect an individual product rather than an entire line and typically occur at the manufacturing stage. For example, if a kitchen chair manufacturer failed to add several screws to one of their chairs and it collapsed when the person who purchased it sat down, that person could file a claim to recover compensation for their injuries.

 

Design defects. This type of defect affects an entire line of products, not just a single item. A relatively recent example of this is the defective ignition switch in certain GM vehicles that would unexpectedly turn off the vehicle’s power if a driver went over a bump or jostled their keys with their legs.

 

Marketing defects. There may not be a design or manufacturing issue with a product, but it can still be defective if it did not come with sufficient instructions and warnings for usage and a consumer suffered an injury as a result. For example, if a brand of sleeping pills did not come with dosage instructions, the company that produced and marketed the prescription drug could be found liable in the event of an overdose.

 

Res Ipsa Loquitor Cases

 

In some cases, a product defect is so obvious that a plaintiff would not even need to prove that the manufacturer was negligent. Under the principal of res ipsa loquitor, which is Latin for “the thing speaks for itself,” the plaintiff must simply show that the product is defective and that he or she was injured by the product, and the burden of proof shifts to the defendant. Then, the defendant must prove that they were not negligent, rather than the plaintiff having to prove that the defendant was negligent. However, plaintiffs need to be careful about using this strategy, as the defendant may try to argue that if the defect was obvious, the plaintiff must have known of the danger and used it anyway.

 

If you are an accident victim and are unsure whether your injury was truly caused by a defective product, or are wondering how to show the court that a product is defective, talk to an experienced personal injury attorney at the Law Offices of The South Florida Injury Law Firm.

 

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his 22-year career to the practice of personal injury law. As lead trial attorney for The South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

 

Boca Raton Car Accident Lawyer

Frustrated Drivers Cause More Accidents

by Auto Accidents

Boca Raton Car Accident Lawyer

You hopefully already realize that you should not drive when you’re intoxicated, distracted, or overly tired. But one thing you might not realize is that your mood can also impair your driving ability and make you more likely to be in an accident. In fact, if you frequently find yourself frustrated behind the wheel, you may be taking unnecessary risks and failing to fully focus on the road.

 

Unfortunately, frustration seems to be a common state of mind for many drivers in Florida (and around the country) today. Some of the most frequently-cited causes of on-the-road frustration include:

 

Slow drivers. One of the biggest frustrations for many drivers is being held up by people who are traveling well under the speed limit; in fact, 60% of respondents in a survey reported in The Telegraph said that they experience increased stress and irritability when confronted with a car that isn’t keeping up with traffic (the respondents were British, but it’s safe to say that many American drivers feel the same way). Drivers who feel that the car in front of them is moving too slowly are more likely to tailgate and attempt dangerous overtaking maneuvers.

 

Long commutes. The average commute time in the US is 25.4 minutes, but in many major metropolitan areas, this time jumps to closer to an hour. It’s not too surprising that drivers who spend that much time in their car may find themselves getting more easily frustrated.

 

West Palm Beach Car Accident Attorney

Crowded areas. Metropolitan areas with lots of cars, trucks, motorcycles, bikes, and pedestrians often become congested, especially during rush hour. Drivers in these areas may also be frustrated due to less available parking and more frequent stops (in traffic and at intersections).

 

Texting and driving. A 2012 “drivers’ gripes” survey from Consumer Reports found that texting while driving was the behavior that most annoyed respondents, receiving an 8.9 on a 1-10 nuisance level. Texting while driving is now illegal in Florida, but unfortunately, some drivers still engage in this incredibly dangerous and frustrating behavior.

 

Drivers who fail to be courteous. It’s understandably annoying when other drivers tailgate, don’t wait their turn at a 4-way stop, cut you off while merging onto the highway, or engage in other uncourteous behaviors. Unfortunately, two cities in Florida—Orlando and Miami—rank in the top 10 for least courteous cities in the country.

 

Why Frustration Is Dangerous—and What You Can Do About It

 

Driving while in a negative emotional state can cause you to become distracted without you even realizing it. Some of the risks associated with frustrated driving include:

 

  • Impaired observation and slower reaction times
  • Becoming detached from other vehicles and drivers (i.e. starting to think of other drivers as obstacles and annoyances rather than real people), which may cause drivers to take risks that they wouldn’t have otherwise
  • Making risky maneuvers to get ahead in traffic, such as cutting over several lanes at a time, not leaving enough space when changing lanes, or even driving on the shoulder
  • Losing the ability to perform driving skills that require precise timing, such as merging onto the freeway or adjusting speed when the traffic ahead is slowing

 

While you might think that it’s impossible to just leave a bad mood at home, “I was frustrated” isn’t a valid excuse for getting into an accident. Fortunately, there are steps you can take to reduce your likelihood of becoming frustrated on your drive.

 

Boca Raton Motor Vehicle Accident Lawyer

Leave extra time for your commute. Sometimes the simplest solutions are also the best. If you often find yourself getting frustrated because you feel like you’re rushing to get to work or other commitments on time, factor in some extra time to the usual length of your commute as “cushioning” so that if something comes up and you are held up in traffic, you won’t be as anxious.

 

Find something that calms you down (but doesn’t take your attention off the road). Take deep breaths, count slowly to 10, or listen to calming music—do whatever will best help you relax without distracting you. If you get to the point where you’re so frustrated that you can’t concentrate on the task of driving, find somewhere safe to pull over until you calm down. It’s not worth taking the risk of being in a car accident just to get to your destination a few minutes faster.

 

Find a less stressful route. If one particular route always stresses you out and it’s feasible to take another route, do so. Even if one route is slightly longer, it may end up being faster because there is less traffic (or it may at least be more scenic and relaxing).

 

Don’t engage with an aggressive driver. If a driver honks, yells at you, or flips you off, don’t take the bait and retaliate. When you retaliate, you are more likely to cause the situation to escalate and make both you and the other driver more frustrated.

 

Be aware when you start to become frustrated while driving and do your best to change your mood. Remember, you can’t control traffic, but you can control your reaction to it.

 

 

 

 

 

 

Most Common Types of Nursing Home Abuse in West Palm Beach

Most Common Types of Nursing Home Abuse

by Nursing Home Abuse

 

Most Common Types of Nursing Home Abuse in West Palm Beach

As America’s population ages, more and more elderly people are moving into these nursing homes. These facilities are supposed to provide residents with the medical care, daily assistance, and social environment that they need to live comfortably, but unfortunately, far too many residents experience neglect and abuse in these settings.

 

Research conducted in 2000 by the National Center on Elder Abuse revealed that almost half (44%) of more than 2,000 nursing home residents had suffered some form of abuse, and an astounding 95% had either been neglected or seen someone being neglected in their nursing home. Fourteen years later, frequent news stories about elder abuse reveal that this issue has not been resolved.

 

If you live in a nursing home or have a loved one who lives in one of these facilities and you have experienced or witnessed any kind of abuse, the best way to put a stop to it is to come forward and hold the caregiver who is engaging in this kind of inappropriate behavior accountable. An experienced personal injury attorney can help you take legal action against an abusive party and even recover compensation for any injuries or financial harm. If you are unsure whether you should come forward because you don’t know whether a caregiver’s behavior constitutes abuse, review the most common types of nursing home abuse below.

 

Neglect

 

Neglect is the most common form of nursing home abuse and is present in more than half of all reported cases. Neglect can be either intentional or unintentional on the part of the caregiver and may involve things like failing to provide basic life necessities (food, water, medicine, etc.), failing to keep a resident’s living space clean and safe, or failure to address and treat health problems.

 

Physical or Sexual Abuse

 

Physical abuse involves non-accidental, physical force used against a resident, including hitting, kicking, pushing, shaking, slapping, pinching, and burning. Force-feeding, inappropriately using physical restraints, or using any kind of physical punishment also fall into the category of physical nursing home abuse.

 

Sexual abuse involves any kind of non-consensual sexual act with a nursing home resident. This could involve rape, but non-physical sexual acts can also be a form of sexual abuse. These include forcing a nursing home resident to look at pornography, watch sex acts, or undress while others watch.

 

Psychological Abuse

 

Boca Raton Nursing Home Abuse Lawyer

Psychological abuse is not always as visible as physical abuse and neglect, but it can still be incredibly harmful to a resident’s health and mental wellbeing. Psychological abuse and manipulation may include humiliating a resident in front of other residents or caretakers, engaging in verbal insults or threats, verbal harassment, or forcing a resident into social isolation.

 

Financial Exploitation

 

Sadly, unscrupulous caregivers may take advantage of a resident’s perceived vulnerability in order to misuse their money. Acts of financial exploitation in a nursing home might include identity theft, forging a resident’s signature, stealing a resident’s income checks or other sources of money, or misusing a resident’s checks or banking accounts.

 

All these examples of abuse aren’t just immoral, they are illegal. If a caretaker is found to be engaging in this behavior, they may face criminal charges. However, residents and their families can also file a civil lawsuit against neglectful or abusive caretakers in order to recover money for medical bills, pain and suffering, and/or misused finances. Working with a personal injury attorney who has handled nursing home abuse cases before will give you your best chance of recovering compensation.

 

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his 22-year career to the practice of personal injury law. As lead trial attorney for The South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars..

 

What To Do If You’re Bitten by a Dog

What To Do If You’re Bitten by a Dog

by Dog Bites / Animal Attacks

What To Do If You’re Bitten by a Dog

An estimated 4.5 million Americans suffer from a dog bite every year, and one out of every five of those bites is serious enough to call for medical attention, according to the Centers for Disease Control. Hopefully you can avoid being one of these statistics, but it’s important to be prepared and know what to do if you or a loved one is bitten by a dog. Check out the tips below, and always call a doctor if the wound seems serious or if you don’t know the vaccination status of the dog.

 

Clean and sterilize superficial wounds. If you have a small scrape as opposed to a puncture wound, you most likely won’t need to go to a doctor. Run water over the wound, and then use rubbing alcohol or hydrogen peroxide to sterilize it. Dab on a topical antibiotic and cover the wound with a bandage. Apply the antibiotic up to two times a day until the wound completely heals.

 

Apply pressure to a puncture wound. Get a clean towel and firmly hold it over the wound to stop the bleeding. If the bleeding does not stop after about five minutes, or if the wound was to your head or neck, call 911.

 

If you know the owner of the dog, ask to see vaccination records. Although rabies is relatively rare, you need to make sure that the dog that bit you is up to date on its vaccinations. If the owner does not have the vaccination records or if you don’t know who the dog’s owner is, you’ll need to see your doctor.

 

Contact animal control if you were bitten by a stray dog. Although your first priority should be to get medical attention, you should alert your local animal control department as soon as possible if you were bitten by a stray or unknown dog. Never attempt to catch or hold a dog that you do not know.

 

Know When to Call Your Doctor

 

Boca Raton Dog Bite Lawyer

Although not all dog bites require medical attention, you need to recognize the situations when you should see your doctor. Call your doctor if:

 

  • You don’t know the vaccination status of the dog (or know that the dog wasn’t up to date on its vaccinations)
  • Your last tetanus shot was more than five years ago
  • The bite is to your hand, foot, or head
  • The bite is deep or won’t stop bleeding
  • You have any disease or condition that weakens or suppresses your immune system
  • The area around the bite feels warm or tender, looks red or swollen, or pus is oozing from the bite
  • You develop a fever

 

When you go to the doctor, he or she will look for signs of infection as well as any nerve, tendon, or bone damage. They will then clean the wound and give you an antibiotic to prevent infection. They may also ask you to schedule an appointment in a few days so that they can check on the wound again. If you don’t know the dog’s vaccination status and the dog was showing symptoms of rabies (such as extreme aggression and lack of coordination), you will need to start a series of rabies shots as soon as possible. If you were bitten by a stray dog, animal control will try to find the dog so that they can test it for rabies.

 

If you or a family member was bitten by a dog because of the negligence of the owner, talk to a personal injury lawyer as soon as possible. The dog owner may be liable for the bite, and you may be able to receive compensation for medical expenses and other costs associated with the accident.

 

 

 

 

 

Common Road Hazards to Look Out for on a Motorcycle

Common Road Hazards to Look Out for on a Motorcycle

by Motorcycle Accidents

Common Road Hazards to Look Out for on a Motorcycle

When you’re driving a car, you might not really notice an uneven patch of road or a slick surface (although it never hurts to slow down). However, when you’re riding a motorcycle, even a seemingly small road hazard can result in a serious crash. And when a motorcyclist does crash, they have a lot less protection than someone in a car.

 

No motorcycle rider is immune to the risks of road hazards, even if they’ve been riding for years without incident. To help minimize your chances of being in an accident, familiarize yourself with some of the most common motorcycle road hazards so that you know what to watch out for.

 

Slick Surfaces

 

Rain and ice are common culprits behind slick roads, but motorcyclists should watch out for slick surfaces even if the sky is clear and the weather’s nice, since other liquids like oil spots and fresh paint can also cause a motorcycle to lose traction. Motorcyclists need to remember that whenever they see a slick road, they need to slow down and stay alert. Use both brakes, as relying on the front brake can cause motorcyclists to lose control and flip over their handlebars. Avoid the slickest area if possible, but don’t suddenly swerve to try to avoid an oil spot or other hazard.

 

Uneven Roads

 

Worn out roads or roads that are partially torn up while they’re under construction can be a huge hazard for motorcyclists. The publication Women Riders Now recommends staying in one lane as much as possible and watching out for divets (depressions in the road), which can cause a rider to lose control. If you commute on your motorcycle and regularly encounter rough roads, look for alternate routes when possible.

 

Loose Gravel

 

Common Road Hazards to Look Out for on a Motorcycle - Losse Gravel

Gravel is particularly dangerous when it becomes unexpectedly deep or when a motorcycle rider hits gravel on pavement while going around a corner. If you can’t avoid a gravel road, it’s best to try to find the area of the road with the least dense gravel. Just like with slick roads, you should slow down and avoid relying solely on your front brake. However, you should also maintain some speed, as this will keep the bike more stable.

 

Animals

 

Common Road Hazards to Look Out for on a Motorcycle - Animals

An animal running into the road is the worst nightmare of many motorcycle riders, especially those who live somewhere with a lot of deer. Sadly, collisions with deer or other large animals are often fatal for motorcyclists. If you notice a deer or other wild animal on the side of the road while you’re riding, be sure to cover your brakes, as there may be more ahead. Also keep an eye out for animal crossing signs, and come to a full stop if you see a large animal like a moose on the road ahead of you. Invest in good headlights if you’re planning on riding at night and, of course, wear a helmet (this applies to any time you plan to ride, not just when you’re planning on riding in an area where there may be wild animals).

 

Debris

 

It’s often hard to see and anticipate obstacles such as tree branches, large pieces of trash, or shredded car tires on the road until you get close to them. If you have enough room to move around the object instead of hitting it, you should do so—make sure there are no vehicles in your blind spot, lean in the direction you want to turn, and press the inside of the hand grip in order to stabilize yourself and hopefully avoid tipping. If you are unable to move around the debris, avoid braking suddenly. Hold the hand grips tightly, stay straight, and stand up slightly on your foot pegs to absorb some of the shock.

 

Keeping the Roads Safe

 

You should obviously do everything that you can to avoid an accident on your motorcycle, but if you do get into an accident, try not to panic. Get off the road as soon as possible, call for help, and get the medical attention you need. After you’ve received medical attention, think about what caused your accident. If it was something like a pothole or a road that suddenly turned rough with no warning sign, the city or county may be liable. Work with a personal injury attorney to hold the responsible party accountable; you may be able to recover compensation for your injuries and promote change so that your local roads are safer for other riders.

 

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his 22-year career to the practice of personal injury law. As lead trial attorney for The South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

 

Building a Backyard Pool in Florida: Safety Measures You’ll Need

Building a Backyard Pool in Florida: Safety Measures You’ll Need

by Swimming Pool Accidents

Building a Backyard Pool in Florida: Safety Measures You’ll Need

With beautiful weather year-round, Florida is an ideal place to build a residential swimming pool. However, if you and your family are thinking of improving your backyard by adding your very own pool, there are a few safety measures that you’ll need to consider first.

 

That’s because Florida has a Residential Swimming Pool Safety Act that requires all pools built after October 1, 2000 to have specific safety features. The Act (which has actually been a law since 2009) was implemented in an effort to prevent drowning accidents in the state that has the highest drowning rate in the country for children ages 1-14.

 

Whether you’re just now building a swimming pool or you have a home pool that was built before 2000 and doesn’t meet the current safety standards, do your part to prevent drowning accidents. Here are the minimum safety features your pool should include.

 

Features to Help Keep Your Pool Safe

 

The Residential Swimming Pool Safety Act actually only requires that you have one of the following safety features, but that doesn’t mean that you can’t add more in an effort to make your pool as secure as possible.

 

Safety pool cover. Your cover can be either manual or power-operated, but it needs to meet the performance standards of the American Society for Testing and Materials (ASTM). Modern power-operated pool covers tend to be a good choice because they can completely seal the pool when not in use.

 

Safety Pool Covers - Pool Accident Lawyer

Barrier. Florida has strict requirements for what constitutes a pool barrier. Your barrier needs to be at least 4 feet high, may not have any gaps or other openings that a young child could crawl through, must go all the way around the perimeter of the pool, and needs to be far enough away from the pool that a child or medically frail person who fell through the barrier would not immediately fall in the water. Any gate in the barrier must be self-closing and have a release latch on the inside of the enclosure, where a child could not easily reach it from outside the barrier.

 

Home exit alarm. Although not as common as enclosures or pool covers, you can choose to install a home exit alarm on all doors or windows that have direct access to the pool. However, keep in mind that your pool still needs to have some kind of barrier to prevent children in the neighborhood—not just your own kids—from getting in the pool undetected.

 

Child-proof latching device. You may choose to install a self-closing, self-latching device with a release mechanism at least 54 inches off the ground on any door leading out to your pool. As with the home exit alarm, this is best paired with some kind of barrier in order to protect both your own kids and potentially trespassing neighborhood children.

 

Pool Safety Is Worth the Investment

 

The Residential Swimming Pool Safety Act isn’t just an elaborate plan to get you to spend more money when building your pool; backyard pool drowning is a major issue in Florida, and it’s important that all homeowners with pools do what they can to minimize this risk. The initial cost of adding something like a barrier or a pool cover is far less than the cost of a life.

 

 

When Might a Property Owner Be Liable for Negligent Security?

When Might a Property Owner Be Liable for Negligent Security?

by Negligent Security

When Might a Property Owner Be Liable for Negligent Security?

When a crime occurs on someone else’s property and you are injured as a result, the obvious response is to hold the person who committed the crime responsible. Hopefully the criminal will be caught and will face penalties for what they have done, but there’s no guarantee that they will be caught—or that they’ll have to pay reparations to you even if they are.

 

In this type of situation, you may need to look at whether or not the crime occurred on a property that was not reasonably secure. If the property owner failed to maintain a safe environment and you were attacked or injured on their premises, they may be liable, and you can work with a personal injury lawyer to ensure that you are compensated for any medical bills, loss of income, and other associated costs.

 

How do you know if you should call a personal injury lawyer? If you’re ever unsure about whether you have a case, you should ask an attorney, but you can start by reading through the common types of negligent security cases below.

 

4 Common Examples of Negligent Security

 

A worker commits a crime after a business fails to do a background check. In some cases, you might actually be attacked by someone who has easy access to the property because they work for the property owner. If this happens and you are able to determine that the property owner or hiring company did not do a background check—or did not take note of previously problematic behavior—then the property owner may be at least partially responsible for your injury.

 

The property has inadequate lighting. If you have good reason to be on a property at night (for example, you are staying late to finish work at your office in a business park), then the property owner needs to provide lighting in areas like stairwells, walkways, parking lots, and parking garages. When someone takes advantage of a darkened space to attack you, you will most likely have a negligent security case—especially if crimes have occurred in the poorly lit area before.

 

Boca Raton Negligent Security Lawyer

The property owner failed to employ security guards or cameras where appropriate. Not every property is going to need security cameras or security guards, but there are some places where they are reasonable measures. For example, a convenience store that has experienced robberies in the past could reasonably be expected to have security cameras, and a bar where there have been fights in the past could reasonably be expected to employ security guards. When property owners fail to employ the security measures that are necessary to keep their property safe, they could be held liable.

 

The rental property owner fails to repair broken locks or windows. It’s not just commercial building owners who may be liable in a negligent security case; a rental property owner could be held responsible for injuries to their tenants if someone is able to break into the property due to broken or insufficient locks or windows—especially if the tenants previously alerted the landlord about the problem and it still wasn’t repaired.

If you or a loved one was injured under any of the above circumstances—or in any other situation where a property owner failed to maintain a reasonably safe environment—fight for compensation with a skilled personal injury attorney.

 

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his 22-year career to the practice of personal injury law. As lead trial attorney for The South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

 

5 of the Biggest Toy Recalls in the US

5 of the Biggest Toy Recalls in the US

by Product LiabilityToy Recalls

5 of the Biggest Toy Recalls in the US

As a parent, you have to be careful what kind of toys you buy for your children. Small parts are out if your child is of an age where they want to stick everything in their mouth, and sharp edges are always a bad idea. In general, you need to be sure the toys you buy are age-appropriate for your child, and you probably determine that in part by the toy labels that tell you exactly what age range each toy is designed for.

 

But what happens when those toys aren’t as age-appropriate or safe as they claim to be? Unfortunately, toy recalls are all too common, and children’s products accounted for 42% of all recalls between 2006 and 2011. Here’s a look at 5 of the biggest toy recalls from the last few years, and what you should do if one of your child’s toys undergoes a similar recall.

 

Mattel Magnetic and Lead-Contaminated Toys. Lead is banned in US toys because of the associated health risks, but in 2007 toy giant Mattel was forced to recall 436,000 toys depicting characters from the movie “Cars” because the Chinese-manufactured products were covered in lead paint. At the same time, Mattel issued another recall for 18.2 million magnetized toys because they realized that the magnets posed a choking hazard for young children.Mattel vowed to monitor their Chinese contractors and subcontractors more closely in the wake of these huge recalls.

 

Aqua-Leisure Inflatable Baby Boats. As the name suggests, this product was designed to allow infants and toddlers to float in the pool. However, the straps that held the baby’s legs in place had a tendency to tear, allowing the young child to fall through. Although it eventually came to light that Aqua-Leisure knew about the problem since at least 2003, the company did not recall the product until 2009—after there had been at least 30 drowning deaths.

 

Aqua Dots. Aqua Dots were a popular type of arts and crafts bead in 2007, until the Consumer Product Safety Commission discovered that the beads were coated in a chemical that, when swallowed, would metabolize into gamma hydroxy-buturate (better known as the date rape drug). Children who ingested the beads experienced symptoms such as nausea, vomiting, loss of consciousness, and in extreme cases even went into a comatose state, and Aqua Dots’ manufacturer was forced to recall the product.

 

Lawn Darts. As you can probably imagine, a toy with extremely sharp, weighted points that children could throw around the yard was never a good idea, yet lawn darts became a popular product in the 1980s. Lawn darts caused the death of at least 3 children, and they were actually banned in the US once in the ‘80s, but the manufacturer challenged the ban and was able to continue selling the product as long as they were only marketed to adults. A father who lost his daughter in a lawn dart accident eventually convinced the CPSC to ban lawn darts outright and pull them from store shelves.

 

Product Recall - Lawn Darts

Cabbage Patch Snacktime Dolls. Cabbage Patch dolls were all the rage in the ‘80s and ‘90s, but one type of doll that was designed to “eat” small snacks using a motor turned out to be seriously dangerous. The problem was that the motor was triggered not just by snacks, but by children’s hair and fingers, and there was no power switch to stop the doll from causing injury. Mattel announced a voluntary recall on the dolls in 1997.

 

Make Sure Your Child Isn’t Playing with Recalled Toys

 

Make Sure Your Child Isn’t Playing with Recalled Toys

Wondering if any of your child’s seemingly innocuous toys pose a potential danger? Unfortunately, product recalls aren’t always as widely promoted as they should be, so you may have to be proactive to determine if any of your child’s toys have been recalled. You can search for the product by checking the Consumer Product Safety Commission website or by using the Toy Recall Finder on Parents.com. If you discover that a toy has been recalled, get rid of it or return it to the company as soon as possible.

 

If your child is injured by a product that has either been recalled or should be recalled, seek medical attention and contact a personal injury attorney. Although it can be hard to think about taking legal action after your child has been harmed, filing a lawsuit against a negligent manufacturer may be the most effective way to ensure that your family receives compensation—and that the product is pulled from shelves before it can harm anyone else.