Florida Injury Lawyer Blog

In preparation for the upcoming holidays and toy shopping for your little ones, our Sebring defective product attorneys want to remind parents and gift buyers that there are millions of toys on the market, but some are quite dangerous and cause hazards for your children.

Manufacturers, shippers and retailers have an obligation to catch these defects before they hit the market and cause a preventable serious or fatal injury to a young child.

The U.S. Consumer Product Safety Commission reported 19 toy-related deaths and 235,300 toy-related injuries for children 14 and under in 2008. Almost half of the deaths were connected with riding toys but other causes of death for children under 15 in 2008 were choking and drowning. More than 82,000 of the toy-related injuries treated at a hospital emergency rooms in 2008 were children ages 4 and younger.

In order to reduce the risk of toy-related injuries to children in Fort Myers , Port Charlotte, Cape Coral and elsewhere, gift-buyers need to be aware of the dangers associated with toys. Some toys contain toxic substances from paint or PVC plastic while others can cause cuts, bruises, bone fractures, choking or concussions.

The U.S. federation of state Public Interest Research Groups has released an annual publication for the last 25 years called "Trouble in Toyland," which examines toy safety.

Over the years, the report has led to 150 recalls of child products and defective toys. Last year's publication looked at the dangers of chemical hazards and phthalates while visiting several national chain toy stores in September and October of 2010. Lead can be found in several children's products including metal toys, jewelry, lunchboxes, vinyl bibs, and paint or outer coatings used to cover toys.

Lead exposure can affect nearly every organ or system in the body including the central nervous system. Exposure to lead can cause brain damage in small children. Over a twelve-month period, the CPSC recalled over 500,000 children's products for violation of the lead paint standard. Exposure to phthalates has been found by scientists to cause potential health effects during critical stages of development. Two products were found last year to contain levels of phthalates in excess of limits allowed by CPSIA.

Gifts.com offers these tips on how to buy safe toys this holiday season:
-Manufacturers place age restrictions on toys for a reason, so make sure the toy you are purchasing is age appropriate for the child you are buying for.
-When purchasing for a small child or infant, check to make sure small or loose parts can't be disconnected or chewed off.
-Take the toilet paper tube test. If the toy fits through the tube, it could be hazardous to your child.
-Don't purchase a toy with straps, cords or strings longer than 7 inches for a young child in order to prevent choking or suffocation hazards.
-Check the product for sharp edges or breakable parts that could cause a severe cut or laceration to a child's hands or face.
-Dolls, puzzles, action figures and building sets often contain magnets which can be fatal for children when swallowed. Refrain from buying toys with magnets.
-Read warning labels for hazardous substances or toxic chemicals.
-Check riding toys for sturdiness and potential fall hazards. Purchase protective equipment like kneepads, elbow pads or a helmet if required to reduce the risk of injury from a riding toy.
-Check the product for recalls. Visit the CPSC website for a full list of Toy Hazard Recalls.

Continue reading "Lead and Phthalates a Toy Hazard Concern for Holiday Shoppers in Sebring, Fort Myers and Elsewhere" »

As we recently reported on our Florida Injury Lawyer Blog, a 15-year-old female pedestrian was killed as she and two of her friends attempted to cross Pondella Road in Cape Coral. Luckily, two of the teens made it across the street safely. One wasn't so fortunate.

We continue to discuss the importance of pedestrian safety along Lee and Collier County roadways. Pedestrian accidents in Naples and elsewhere are all too common, but they are entirely preventable. Children and teens are often the most at risk pedestrians along our roadways because they're unable to comprehend the maneuvers, functions and dangers of passing traffic. These statistics can be reversed! Parents are urged to talk with the children and teens in their life about safe habits to exercise when walking near vehicular traffic to help avoid a potentially fatal accident.

Our Fort Myers pedestrian accident attorneys understand pedestrian accidents are on the rise in Florida. According to recent statistics, there was a near 5 percent increase in the number of these accidents across the state from 2009 to 2010. Florida continues to be ranked as number one for having the most pedestrian accidents and the highest death rate in the country. Parents are urged to discuss the importance of safe walking and biking habits, especially with the 2011-2012 school year in full swing.

Parents should share the following tips with their young pedestrians:

-All children under the age of 10 should be accompanied by an adult when walking near traffic.

-Everyone should use a crosswalk or a street corner when crossing the road.

-Be sure to look both ways before and during your trek across the road.

-Wear brightly-colored clothing to help ensure that motorists see you.

-Always walk on a sidewalk when one is available. When there are no sidewalks, walk as far from traffic as possible and walk facing oncoming traffic.

-Limit nighttime walking, but when it's necessary make sure to wear reflectors or carry a flashlight.

-Never dart out from behind a parked car. Passing motorists may not be able to see you.

-Always make eye contact with a driver before crossing in front of them.

-Never walk alone. Use the buddy system.

According to Transportation for America, there have been more than 5,150 pedestrians killed in Florida from 2000 to 2009. These accidents cost the state more than $22 billion. Because Florida has a Pedestrian Danger Index (PDI) of 182.8, our state was ranked again as the most dangerous state for pedestrians in the United States.

Most Dangerous Metro Areas from 2000 to 2009 and the number of pedestrian fatalities witnessed:

-Miami-Fort Lauderdale-Pompano Beach: 1555.

-Tampa-St. Petersburg-Clearwater: 905.

-Orlando-Kissimmee: 557.

Jacksonville: 342.

-Cape Coral-Fort Myers: 178.

From 2000 to 2007, there were nearly 300 children under the age of 16 who died in pedestrian accidents in the state of Florida. These accidents are all too frequent and can be prevented with education. Parents, educators and guardians are urged to speak with little ones about the dangers they face when walking near vehicular traffic.

Continue reading "Parents Urged to Watch Over Little Ones to Help Prevent Pedestrian Accidents in Fort Myers" »

You child is four times as likely to be involved in a car-pedestrian accident in Cape Coral on Halloween night than during any other night of the year, according to ABC7.

Our Cape Coral child injury attorneys would also like to warn parents about other Halloween-related injuries that your child could experience on the 31st. Eye trauma from sharp costume accessories and burns from flammable costumes are also a common injury we see every year on Halloween. We are here to provide you with some quick and simple safety tips to help keep you and the whole family safe this Halloween.

"Children should be out having fun and spending time with family and friends. They should not have to spend Halloween in the ER because of some injury that could have been easily prevented," Dr. Sandra Schneider, president of the American College of Emergency Physicians.

According to the U.S. Census Bureau, roughly 40 million kids age 5- to 14-years old will be out this year roaming from door to door in search of sugary goods.

To help reduce any risks of Halloween-related accidents, parents are urged to follow these safety tips from the Lee County Sheriff's Office:

-Young children should never be sent out alone. Always accompany these young ghosts and goblins on their trick-or-treating adventures.

-Never go inside a stranger's house or car. Accept all candy at the door.

-The bigger the trick-or-treating group the better.

-Plan out your trick-or-treating route beforehand to help you to pick the safest route possible. Pick a route with safe sidewalks, minimal vehicular traffic and safe road crossings.

-Stay within your own neighborhood.

-Never approach a house that doesn't have their lights on. Only trick-or-treat at houses that are well-lit.

-Always adhere reflective tape to your costume or carry as flashlight to help ensure that motorists see you.

-Consider using makeup instead of a face mask. Masks obstruct your line of vision.

-Wear light-colored costumes and clothing to make you more visible to motorists.

-Don't cut across people's lawns. Be respectful of everyone's property.

-Parents should examine all treats before allowing children to consume them. Throw out any candies that have been opened or have been tampered with.

-Never accept any treat that has not been commercially wrapped.

-Start your trick-or-treating adventure and end early. The later it gets, the higher your risks are for a traffic-related accident.

-Always use sidewalks when available and walk facing oncoming traffic.

-Walk, never run.

-Never run out from behind a parked car. Passing vehicles may not have enough time to respond.

Parents are also urged to check out the Florida Department of Law Enforcement's Sexual Offender and Predator database to help you to better plan out your trick-or-treating route.

Lastly, we would like to ask that all motorists be extra careful on the 31st. Little monsters and mummies will be combing residential areas around the county in search of yummy snacks. Be cautious of these young ones. This holiday should be safe and injury-free and it can be with the proper safety precautions. We want everyone to have a safe and Happy Halloween!

Continue reading "Our Fort Myers Personal Injury Lawyers Wish You a Safe and Happy Halloween!" »

“Research shows that as children age, they are less likely to be in the appropriate child safety seat for their age and weight. It’s the responsibility of every parent and caregiver out there to make sure their children are safely restrained every trip, every time,” said Liz Moreno, Safe Kids Lee/Collier Counties Coordinator.

She is right. As a matter of fact, national statistics conclude that about 70 percent of children are not properly buckled in their child seat during each car ride. In an effort to change these statistics and to reduce the risks of child injury in Fort Myers, Lee County is participating in National Child Passenger Safety Week, which is held from September 18th to the 24th.

Our Cape Coral car accident attorneys urge all parents to get involved in this week's events; take your vehicle and child car seat to a nearby car seat inspection location. At these locations, a certified technician will inspect your child's car seat and ensure that it's installed correctly into your vehicle. The technician will also teach you techniques to properly install it yourself. In most cases, these inspections are free of charge. It is recommended that you call and schedule an appointment first.

According to the Florida Department of Motor Vehicles:

-Children under the age of 4 must be kept in a federally approved child-restraint seat.

-Children ages 4 and 5 are required to be seated in a federally approved child-restraint seat or seat belt.

-The driver is responsible for properly buckling up all children in the vehicle.

According to the Governors Highway Safety Association, a driver can be fined up to $60 if pulled over by local and state officers for not properly buckling a child into a motor vehicle. The driver can also face points on his or her driver's license.

According to the National Safety Council, car accidents are the number one cause of death for children age 3 to 14 in the United States. Oftentimes parents use the wrong type of child seat for their child's weight, height and age. These seats are sometimes installed improperly as well.

The National Highway Traffic Safety Administration offers these recommendations to parents:

-Children under the age of 1 should be seated in a rear-facing car seat in the back seat of a vehicle. These seats help to support the child's neck, head and spine in the event of an accident.

-Children ages 1 to 3 should be kept in a rear-facing car seat. Once your child meets certain height and weight standards, it's time to move him or her to a front-facing car sea installed in the back seat.

-Children ages 4 to 7 are to be seated in a forward-facing car seat equipped with a harness until they've reached the limitations for that car seat. They are still to be seated in the back seat.

-Children ages 8 to 12 should be seated in a booster seat until they outgrow it. They are to wear a seat belt that lies comfortable on the upper thighs and not on the stomach. Make sure the belt fits snugly across their chest and not across their neck. They should still remain seated in the back seat and away from an active airbag.

With the proper education, parents and caregivers can help reduce the risks children face in the event of a car accident. Drivers are responsible for properly buckling in all children at all times and should be knowledgeable on how to do so.

Continue reading "Parents Can Reduce Risks of Child Passenger Injuries in Lee County" »

As we previously discussed on our Fort Myers Injury Blog, students of all ages are heading back to school this month. While many of them take the school bus to school there is still quite a few that bike or walk. There are a number of hazards that a child will face during their journey to and from school that could result in child injury in Naples.

According to iWalk, there are about 25,000 student pedestrians injured on their way to school every year. The younger the student, the more at risk they are for being involved in a motor-vehicle accident on our roadways. Many children are unable to understand the flow of traffic and other dangers.

Our Fort Myers child injury attorneys would like to ask that all parents and teachers take a moment out of their day to discuss pedestrian and bicycle safety with their students. We also ask that school officials take a look at the most dangerous routes that our children take to school and consider ways to make them safer for our young ones, including traffic lights and crossing guards.

According to the Centers for Disease Control and Prevention, roughly 85 percent of children get to school each day by school bus, car or by public transit. A little more than 15 percent of trips are made to and from school on-foot or by bicycling.

Students who live within a two-mile radius of the school they attend are required to walk to school. Under Florida Statute 1006.23, school officials are required to examine these areas to ensure that hazards are kept to a minimum. These areas must meet state criteria to ensure they're safe enough for our young children.

The City of Cape Coral Police, the City of Fort Myers Police and the Lee County Sheriff's Department also assist with safety efforts. Cape Coral provides crossing guards from its own force where Fort Myers provides crossing guards from an independent contractor.

The National Safety Council offers these safety tips for children that walk to bike to school. Parents are urged to discuss these tips with their children as well:

Walking to School

-Never walk alone. Always walk with a group and with a responsible adult.

-If there isn't a sidewalk to walk on, walk facing oncoming traffic.

-Always cross the street at an intersection or at a street corner.

-Don't step off the curb until you look both ways to see if a car is coming.

-Keep looking left and right as you cross the street.

-Do not run. Always walk across the street.

-Never dart out in front of a parked car because oncoming drivers may not be able to see you.

Bicycling to School

-Make sure to always wear your helmet.

-Make sure that your helmet fits. Make sure that there is the width of two fingers between the bottom of your helmet and your eyebrows.

-Always ride on the right-hand side of the road in a single file line in the same direction as traffic.

-Always come to a complete stop before you cross a street.

-Wear bright colors so that drivers are more likely to see you during your early morning venture.

-Get out and practice. The more experienced you are on a bicycle, the less likely you are to be involved in a serious accident.

Continue reading "Avoid Child Injury in Fort Myers and Educate Your Student about the Hazards of Biking or Walking to School" »

The Lee County School District has a plan and its transportation department plans to get your children to and from school on time this year.

Parents are still concerned about the yellow buses getting their children to school safely.

Every year, more than 25 million students across the country use school buses to get to school and back each day. Unfortunately, many people are injured in the process. According to the National Safety Council, there were 134 deaths resulting from school bus-related traffic accidents in 2005 alone. Another 11,000 were injured in these incidents.

Lee County school buses transport about 48,000 students every year. That's more than half of the county's 85,000 student population. Lee transportation operates nearly 700 school buses every school year. A lot of parents still worry about sending their children out to the bus stops with the congested traffic of the morning rush hour. Talking with your child about safe bus-riding habits can help to reduce their risks of child injury in Fort Myers, Naples and Cape Coral.

Our Naples personal injury attorneys would first like to wish all of our students a happy school year. Getting to and from school can be the most dangerous part of your child's day. Luckily, Joseph Burke, Lee County's new superintendent, says that he and the district aren't done with their safe bus stop efforts. While the county continues to search for shorter bus route for students, the school board is still keeping safety as a top priority.

Of Florida's 67 school districts, Charlotte and Lee counties have some of the earliest school start times. Parents oftentimes worry about their children heading to the bus stop before the sun even comes up.

Of all the school bus-related accident injuries from 2000 to 2005, nearly 50 percent of them were sustained by the passengers of a school bus, nearly 10 percent were by the school bus drivers and more than 40 percent were sustained by occupants of other motor vehicles. During the same time period, more than 80 percent of school bus-accident fatalities happened when a pedestrian was hit by a bus.

The National Safety Council offers these safety tips for students riding the school bus this year:

-Don't play around while waiting at your bus stop. Carelessness can lead to accidents.

-Line up as the bus pulls up to your stop.

-Don't step onto the road until the bus has come to a complete stop and has opened its doors.

-When you're getting on the bus, use the handrail.

-Once you're on the bus sit down and talk with an inside voice.

-Keep your hands, arms and head inside the bus.

-Keep books, bags and other items out of the bus' aisle.

-Don't stand up to exit the bus at your stop until the bus has come to a complete stop.

-Always stay at least 10 feet away from the bus.

-Make sure the driver sees you and signals before crossing the road if you need to.

-Look in all directions for oncoming traffic before you cross the street.

Continue reading "Parents Concerned with More than On-Time School Buses - Child Injury in Fort Myers" »

Our hearts go out to the parents and families of the two children who suffered tragic accident this past week. Two children suffered heat-related injuries in Cape Coral and in Collier County. One child died, according to WINK News. Both children were left unattended in hot vehicles. The Florida Department of Children and Families in Southwest Florida is investigating the cases.

Our Cape Coral personal injury attorneys are urging parents to be extra careful not to leave their child in an unattended car this summer. You think this is something that could never happen to you or your child, but the truth is it happens more often than we'd like to think. According to the San Francisco State University Department of Geosciences, nearly 50 children under the age of 14 died because of hyperthermia in 2010 alone.

There have already been 21 reported fatalities in 2011. Since 2002, at least four children in Southwest Florida have died as a result of being left in a hot car. Florida is second only to the state of Texas in the number of child deaths due to hyperthermia.

“These twenty-one deaths were tragic and preventable – not one of those children should have lost their lives in this horrible way,” said U.S. Transportation Secretary Ray LaHood. “We need to do everything we can to remind people to be vigilant and never leave a child alone in or around a motor vehicle.”

Recently, a 1-year-old was accidentally left in a car in Cape Coral and died after being admitted to Cape Coral Hospital. Just the next day, an 11-month-old in Collier County was rescued from a hot car by law enforcement.

It is illegal in the state of Florida to leave a child that is under the age of 6 in an unattended or unsupervised vehicle for more than 15 minutes. The temperature inside a vehicle, even when the windows are cracked, can quickly reach as high as 140 degrees. According to National Highway Traffic Safety Administration, research, hyperthermia is the leading cause of non-crash vehicle deaths for children under the age of 14.

Another child nearly drowned in deep end of the community pool at Lochmoor Villas in North Fort Myers, according to The News-Press. The 4-year-old lost grip of his inner tube and sank 6 feet to the bottom of the pool. He remained motionless at the bottom of the pool, face down, as his babysitter failed to notice.

After nearly 5 minutes of being submerged in the water, the boy resurfaced in the arms of a retired asset security manager for Wal-mart with CPR training. He was revived and after more than 6 minutes of CPR, paramedics arrived and took the child to HealthPark Medical Center.

The Fort Myers boy is one of nearly 20 child near-drowning cases that have seen by the Lee Memorial Health System this year. Nationwide, approximately 5,000 children are hospitalized each year because of drowning and related accidents.

According to the U.S. Consumer Product Safety Commission (CPSC), there have been 37 drownings and 38 near-drowning incidents reported already in 2011. In an effort to reduce these incidents, the CPSC has launched a new 2011 campaign, Pool Safely: Simple Steps Save Lives, consisting of television and radio public service announcements to highlight a number of important water safety steps that can be taken to save lives.

The CPSC is urging parents and children to adopt as many safety steps as possible in and around pools and spas. The pool safely campaign is a first-of-its-kind campaign launched by the federal government to raise national public education efforts to reduce child drownings and near-drownings in swimming pools and spas.

“As the summer swimming season approaches, our message to parents and caregivers is simple: stay safe in and around pools and spas by practicing as many safety steps as possible. This includes staying close to children at all times, knowing water safety skills like CPR, and ensuring anti-entrapment drain covers are installed in all pools and spas,” said Inez Tenenbaum, Chairwomen of the CPSC.

Pool safety tips to keep your child safe near pools this summer:

-Never leave your children alone in or near the pool.

- An adult who knows CPR should always be present when children are swimming.

-Practice touch supervision with children under the age of 5. This means that the adult is within an arm's length of the child at all times.

-Keep rescue equipment, like a shepherd's hook or life preserver, and a telephone by the pool.

-Do not use air-filled "swimming aids" as a substitute for approved life vests.

-When children are done swimming, secure the pool so they can't get back into it.

-When not in use, remove all toys from the pool after use so children don't try to reach for them.

Continue reading "Unattended Little Ones Left in Cars Suffer Fatal Child Injuries in Cape Coral" »

Last week was the start of a new generation of rules for safer crib sales at local and national retail stores in an attempt to prevent crib-related child injury in Fort Myers and elsewhere.

Back in December, the U.S. Consumer Product Safety Commission (CPSC) voted unanimously to approve new mandatory crib standards. These new standards are the most stringent crib safety standards in the world. From now on, all importers, distributors, manufacturers, and retailers are required to offer only cribs that meet the CPSC's new full-size and non-full-size crib standards.

Our Naples personal injury attorneys calculate that the CPSC has recalled more than 11 million dangerous cribs since 2007 after at least 32 infant suffocation and strangulation deaths since 2000 were associated with drop-side cribs with detaching side rails and a number of deaths happened because of fault and defective crib hardware. Because of these incidents, the CPSC improved their regulations in an attempt to prevent these tragedies and keep children safer in their cribs.

New crib regulations and rules include:

-Stopping a manufacturer from making and selling dangerous, traditional drop-side cribs.
-Tightening up and strengthening mattress supports and crib slats
-Requiring crib hardware to be more durable.
-Making crib safety testing more rigorous.

"A safe crib is the safest place for a baby to sleep. It is for this reason that I am so pleased that parents, grandparents and caregivers now can shop with confidence and purchase cribs that meet the most stringent crib standards in the world," said Chairwoman Inez Tenenbaum. "From the start, our goal has been to prevent deaths and injuries to babies in cribs, and now the day has come where only stronger and safer cribs are available for consumers to purchase."

In addition to these new rules, starting in December of 2010 all child care facilities, including family child care homes and infant Head Start centers will be required to use only cribs that comply with the new crib standards. Public accommodations, such as hotels and motels, and rental companies must comply with the new crib standards well.

In other child-related news, CPSC also recently reported that Macy's Inc., of Cincinnati, Ohio, agreed to pay a civil penalty of $750,000. The company agreed to pay this penalty after CPSC staff discovered that Macy's knowingly failed to report to CPSC immediately, as required by federal law, that it had sold children's sweatshirts, sweaters and jackets with drawstrings at the neck. These items were sold between 2006 and 2010.

Children's upper outerwear that has drawstrings can include sweatshirts, sweaters and jackets. These drawstrings pose a strangulation hazard to children that can result in serious injury or death.

The sweatshirts, sweaters and jackets are the subject of the penalty agreement were sold at Macy's and Macy's-owned stores, including Bloomingdale's, and Robinsons-May. Failing to notify the CPSC after a recall like this has been illegal since 2008.

Federal law requires that all manufacturers, distributors and retailers report to CPSC just 24 hours after they obtain information that reasonably supports the conclusion that a product contains a defect which could create a substantial product hazard, creates an unreasonable risk of serious injury or death or fails to comply with any consumer product safety rule.

Drawstring guidelines were put into effect by the CPSC back in 1996. These guidelines were meant to help prevent children from strangling on or getting entangled in the neck and waist drawstrings of upper outerwear.

Continue reading "CPSC Steps Up Enforcement Efforts to Prevent Child Injury in Naples and Elsewhere" »

Florida dog bites are the number one contributor to dog bite incidents in the United States, according to the Chicago Tribune. This newly released information comes after the nation's largest home and auto insurer released a list of the top 10 states for dog bite claims and the money paid out as a result.

According to State Farm, Florida holds the record for highest amount paid out per incident, at more than $38,000 per case. States falling under Florida cashed in on claims that were nearly $10,000 less.

Our Fort Myers dog bite attorneys recognize the popularity of our furry family members. We are a nation of dog lovers. Yet everyone is at risk of a serious dog bite as dog behavior can oftentimes be unpredictable. Dogs are naturally inquisitive and will typically not hesitate to approach humans to determine if they pose a threat or not. A wagging tail doesn't always mean they're happy, so we urge everyone to remain calm around unfamiliar dogs and allow the pooches to investigate before making any sudden movements.

The Centers for Disease Control and Prevention offers these tips to help prevent yourself from being the victim of a dog bite:

-Stay away from unfamiliar dogs.

-If you come across an unknown dog, remain motionless.

-Do not run from a dog, and don't run away while screaming.

-Avoid eye contact with an unknown pup.

-Do not disturb dogs while they're eating, sleeping or caring for their pups.

-Allow a dog to see and sniff you before you try to pet it.

-If bitten by a dog, report the incident immediately.

-If knocked over by a dog, roll into a ball and lie still.

-Spay or neuter your dog, as this oftentimes reduces aggressive tendencies in the pooch.

-Do not leave infants or any other young children alone with a dog.

-Be sure to play calm with your pooch. It is important to avoid playing aggressive games with your dog.

In 2006, more than 31,000 people that were bitten by dogs were forced to go under reconstructive surgery to correct the damage. Children are the most vulnerable to dog bites as children ages 5- to 9-years-old have the highest probability of being bit by a dog. Children are also more likely to receive medical attention for a dog bite than any other age group.

Nearly 5 million people are bitten by dogs each year in the United States, according to the Centers for Disease Control and Prevention. One-fifth of these dog bites in Florida and elsewhere result in an injury that require medical attention.

According to the Chicago Tribune, dog bites caused more than 30 deaths last year.

Continue reading "State Farm Ranks Florida as Top State for Dog Bites" »

The American Academy of Pediatrics (AAP) now recommends that children ride in rear-facing car seats until the age of 2 and remain in a booster seat until 8-years-old. Consumers are no longer urged to shop for car seats according to the child's age.

Fort Myers personal injury lawyers encourage you to follow the new safety recommendations set out by the AAP to best protect your child in a potentially fatal accident. The change in car seat policy comes after research from the AAP which revealed that 75 percent of children under the age of 2 riding in forward-facing car seats are likely to be killed or fatally injured in a car accident.

Although all car seats sold throughout the United States meet federal child restraint safety standards, it is up to parents to choose the best seat for their child. "Selecting the right seat for your child can be a challenge for many parents. National Highway Traffic Safety Administration's new revised guidelines will help consumers pick the appropriate seat for their child," says David Strickland, Administrator of the NHTSA.

Nearly 1,500 children under 16 will die in car crashes every year -- car accidents are the leading cause of death in children over the age of 4. It's not uncommon for children to remain in car seats until the age of 4 in other countries.

According to National Highway Safety Transportation Safety Administration, "The rear-facing position reduces stresses to the neck and spinal cord and is particularly important for growing babies."

The design allows for the force of the collision to be distributed throughout the entire body.

There are typically three styles of rear-facing car seats available to help prevent serious injury to your child in a car accident: infant-only, convertible seats and 3-in-1 seats. The NHTSA recommends you make sure to choose the right car seat for your vehicle and your child, always read manufacturers' manuals and keep all children under 13 in the backseat -- children riding in rear-facing car seats should never ride in front of an active passenger air bag.

Continue reading "Proper Car Seats Vital to Protecting Children in Fort Myers Car Accidents" »

The government has announced a recall of nearly 400,000 defective child safety seats for a faulty harness, the National Highway Traffic Safety Administration reported.

Our child injury lawyers in Cape Coral and Fort Myers urge parents to check their safety seats for recall and to periodically conduct a thorough examination for wear and tear, possible defects, or other issues that could impact your child's safety.

The Dorel Juvenile Group (DJG) is recalling 794,247 seats because the lock and release button on the harness does not always return to the lock position. The defect can result in a loose harness and increased risk of serious or fatal injury during a Fort Myers car crash. The seats were made from May 2008 to April 2009 and feature the "Center Front Adjuster" for the harness. Infant, convertible and booster child-restraint systems are included in the recall, both those sold as stand-alone seats and those sold as part of a (stroller) travel system.

The company is providing a fix kit consisting of a small tube of lubricant. However, many parents may decide to discontinue using the seats.

We encourage you to use extra caution when purchasing toys, clothing items and other products marketed to children. While we as parents would hope that manufacturers would use the utmost care when designing and marketing products for children, that is too often not the case. The Consumer Products Safety Commission recalls more than 100 children's products each year for a variety of hazards. Products include cribs (more than a dozen recalls in 2010), safety seats and high chairs, as well as clothing and toys.

Just this month, the government announced a recall of 1.7 million video baby monitors because of a strangulation risk posed to infants.

More information on the Florida child safety seat recall is available here, including model numbers and manufacture dates.

Other children's products recalled this month include night lights, hooded jackets, snow bikes, playsets, and a drop-side crib.

Continue reading "Safety seat recall a reminder of child's risk of defective product injuries in Fort Myers" »

Florida is not doing enough to reduce the risk of serious and fatal traffic accidents, particularly those involving children, the National Transportation Safety Board said this week in recommending that the state strengthen its driving laws.

Our Fort Myers injury attorneys frequently report on the dangers car accidents pose to children in South Florida. The National Highway Traffic Safety Administration reports that traffic accidents are the leading cause of death for children ages 3 to 14, as well as for teen drivers ages 15 to 20. Additionally, Florida joins Texas and California as states that routinely report the greatest number of accidents in virtually every category, including pedestrian accidents, bicycle accidents and motorcycle accidents.

The News-Press reported that the federal safety watchdog cited Florida's lack of a law requiring parents to use booster seats for children under 8 years old. South Dakota and Arizona are the only other states that have no requirements for children ages 4 to 8. About 3,000 children in that age group have died in car accidents in the last decade, according to the government, and about half of them were not properly restrained.

As we have reported on our Florida Injury Lawyer Blog, Florida is also among a dwindling number of states that have not enacted a law banning the use of cell phones or text messaging while driving. The Governor's Highway Safety Association reports that only Florida, Hawaii, Ohio and South Carolina have no regulations aimed at distracted driving. Even school bus drivers can drive and text message under current Florida law.

The NTSB would also like to see Florida limit the number of passengers a teen driver can transport and would like to see a motorcycle helmet law, improved seat belt use and better enforcement of drunk driving laws.

"State governments are in a unique position to affect the most significant improvement in certain areas of transportation safety," NTSB Chairman Deborah A.P. Hersman said. "Our Most Wanted List spotlights those states that have made noteworthy progress in better protecting the traveling public — and those that have not."

Continue reading "Florida's poor safety record increases risk of serious or fatal injuries resulting from Fort Myers car accidents" »

Now that Florida has enacted a law that makes not wearing a seatbelt for adults a primary traffic offense, a Florida Senator is pushing for similar legislation regarding booster seats for children in cars. If he is successful, not having children of a certain age secured in a booster seat, just as with an adult driver and their seat belt, will become reason enough for law enforcement to pull a driver over and issue a citation.

Sen. Thad Altman, R-Melbourne, has filed a bill that would require children be secured by a booster seat harness. This is the fourth consecutive year he has pushed for the new law. The law came before former Governor Jeb Bush back in 2002, and was vetoed, with Bush referring to concerns over intrusiveness of government into family affairs. At that time, very few states had enacted similar legislation. Today, however, Florida, along with Arizona and South Dakota, are the only three states without such a law in place. Altman is vowing to hold his ground, continue fighting and see to it that his fellow lawmakers pass his bill, and saves young lives in the process.

Currently, Florida statutes require a child be in a child safety seat if they are 3 years old or younger. After age 3, with the absence of the booster seat law, children are supposed to use a seat belt, as are adult vehicle occupants. The problem is that many experts are concerned that standard seat belts can actually cause serious injury to a child, due to their height and weight. A properly designed and installed booster seat raises the child’s vertical position in the car, reducing the risk of injury that can come from them using a standard seat belt.

Groups like The American Medical Association and the southern chapter of the American Automobile Association, (AAA South), point to studies and statistics that show children between ages 4 to 7 can be seriously injured or even killed when wearing a standard seat belt during a crash. Children in that age group are seated too low when buckled in, and injuries to the neck, spine, abdomen and lower extremities are more prevalent than in children who were in a booster seat.

Automobile accidents are the leading cause of death for children in the United States, according to government and insurance-industry studies. 35 child passengers younger than 10 died in Florida crashes in 2008. An additional 7,754 were injured.

“As far back as 2006, the U.S. Transportation Secretary has been chiding states like Florida to pass this law, because he knows that only 1 in 5 kids who need to use a booster seat are actually using them”, says P.J. Scheiner, a legal expert on motor vehicle crash injuries with Associates and Bruce L. Scheiner Personal Injury Lawyers, P.A. “The time for excuses is over – this law would be a huge step toward reducing the number of serious child injuries and fatalities on Florida’s roads.”

Since 1971 the firm of Associates and Bruce L. Scheiner, Personal Injury Lawyers has been passionately fighting for justice on behalf of those injured or killed in car, motorcycle and truck crashes. Our history of successful case resolution and more information about your legal rights can be found at www.focusedonjustice.com, or by calling 1-800-Dial-BLS.

For updates on this topic and others, subscribe to the Florida Injury Lawyer blog at the top of this page.

Wednesday, January 20th, two different products were recalled because they were found to have the potential to cause serious injury or even death.

“Associates and Bruce L. Scheiner, Personal Injury Lawyers remains committed to informing the public of consumer issues as they arise”, said Bruce L. Scheiner, Founder and Senior Partner. “Please pay particular attention to the information provided here. This is a serious issue, and one that can affect you or your children.”

Graco Strollers
Graco Children’s Products, Inc., recalled about 1.5 million of their infant strollers, which were sold at Target, Wal-Mart, Babies-R-Us, Toys-R-Us, Burlington Coat Factory, Kmart and Sears, and other major retail chains. The recalls include certain model numbers of Graco’s Passage, Alano and Spree Strollers and Travel Systems that were sold from October 2004 through December 2009. The Atlanta-based company had received 7 reports of children placing their fingers in the stroller’s canopy hinge as the canopy was being opened or closed. 5 children had their fingertips amputated and 2 had cuts to their fingers.

The Consumer Product Safety Commission announced the recall, and urged parents to stop using the strollers if they are the models being recalled, and to contact Graco to obtain free protective sleeves designed to cover the dangerous hinges. The recall involves strollers made between October 2004 and February 2008. The model numbers and manufacture dates are on the lower inside portion of the rear frame, just above the rear wheels.

The safety commission is now examining all strollers with the designs that have caused the fingertip amputations, said spokesman Scott Wolfson. "CPSC is taking a larger look at the entire product line to determine what steps need to be taken to keep children safe in and around strollers," he said.

For more information about the recalled strollers, consumers can call 800-345-4109 or visit http://www.cpsc.gov/ .

Dorel Asia Cribs
Just a day before the Graco recall announcement, the CPSC recalled approximately 650,000 cribs which were being sold at Sears, Kmart and other stores after discovering a 6-month-old boy from Cedar Rapids, Iowa, strangled after getting trapped in the crib when the drop-side hardware broke. His parents were using the crib after trying to repair it themselves. Some of the Chinese- and Vietnamese-made cribs were recalled because their drop sides can detach, creating a space where a child can be trapped and suffocate or strangle.

Some of the cribs were also recalled because a child can be trapped if one of the slats is broken or damaged. This damage can occur while the crib is in use as well as when it is being put together, taken apart or shipped.

CPSC and Dorel Asia SRL, which is based in Barbados, have received 31 reports of incidents involving drop-side cribs. There are six reports of incidents of children being trapped between the mattress and the drop side, including three reports of bruises. The agency and company have also received 36 reports of broken slats, including two reports of trapped children and seven reports of bruises and scratches.

To receive a free repair kit to prevent this hazard, contact Dorel Asia at 866-762-2304. More information is available online at http://www.dorel-asia.com/

Florida personal injury lawyers urge all parents who think they may have the effected strollers or cribs in their homes to check the model name and numbers and immediately take the necessary steps to rectify the potentially catastrophic safety hazards by following the recommendations above. We stand by your side focused on justice should you or a loved one need assistance. Contact us 24/7 at 1-800-Dial-BLS or www.focusedonjustice.com. You pay us nothing unless WE win.

For updates on this topic and others, subscribe to the Florida Injury Lawyer blog at the top of this page.

Since many parents and grandparents are planning winter and spring vacations, they need to consider what it means to travel with small children. Many people who take their children under two years of age aboard an airplane feel holding them on their laps is a safe way of keeping them secured. While it is legal to fly with your toddler on your lap, the Federal Aviation Authority, (FAA), strongly urges that all children aboard an airplane, no matter how old, use an appropriate child restraint system, (CRS), to limit the possibility of injury.

In the event of an air accident, or even in the case of turbulence during the flight, a CRS provides optimum protection for the child. Parents need to know the differences between a CRS and a child safety device, as only a government-approved CRS with a label stating; “This restraint is certified for use in motor vehicles and aircraft” will be allowed on board. An unauthorized child safety device will require that you check it through as luggage. If you do have a child safety system, make sure it contains the wording “FAA approved in accordance with 14CFR 21.305(d), Approved for aircraft use only” on it. And if you try to board the plane with the intention of using a booster seat or harness vest type of restraint system, be aware that the FAA prohibits passengers from using them during plane taxi, take off and landing.

According to the website www.airsafe.com, there are several things you can do before you head to the airport to catch your flight:

• Check with the airline to find their busiest days and times. By avoiding these times you are more likely to be on a flight with an empty seat next to a parent. In many cases airlines will allow you to seat your child less than two years of age in a child restraint in the empty seat at no extra charge. Ask your airline for its policy regarding an empty seat.

• Ask the airline if they offer a discounted fare for a child traveling in a CRS. When you buy a ticket (discounted or full fare) for your child, you are guaranteed that they will have a seat and that you will be able to use the CRS.

• If you purchase a ticket for your child, reserve adjoining seats. A CRS should be placed in a window seat so it will not block the escape path in an emergency. A CRS may not be placed an exit row.

• Check the width of your CRS. While child seats vary in width, a CRS no wider than 16 inches (40.6 cm) should fit in most coach seats. A CRS wider than 16 inches (40.6 cm) is unlikely to fit. Even if the armrests are moved out of the way, a wide CRS will not fit properly into the frame of the aircraft seat.

• If you need to change planes to make a connecting flight, request that the airline arrange for assistance in your connecting city.

The FAA also offers these safety guidelines:

• Be sure the seat shoulder straps are properly adjusted and fasten the airplane seat belt around the CRS.

• Always follow the manufacturer's instructions when using a CRS. FAA recommends that a child weighing:

- Less than 20 pounds, use a rear-facing CRS
- From 20 to 40 pounds, use a forward-facing CRS
- More than 40 pounds, use an airplane seat belt
- A child may also use an alternative, such as a harness-type restraint, if it is approved by FAA. FAA has approved one restraint appropriate for children weighing between 22 and 44 pounds. This type of restraint is not safe for use in motor vehicles.

For more complete information regarding flying with your child, visit http://www.faa.gov/passengers/fly_children/crs/

“Flying with a young child can be a trying experience for any parent, and using an unapproved child restraint system can only add to the hassles and frustration,” says attorney and experienced pilot P.J. Scheiner, of Associates and Bruce L. Scheiner Personal Injury Lawyers, P.A. For almost 40 years, the firm founded by his father, also an avid aviator and Senior Attorney, has been focused on justice for those injured or killed in an aviation accident. For case results and a no-obligation consultation, please call 1-800-Dial-BLS, or visit www.focusedonjustice.com.

The Insurance Institute for Highway Safety just announced new ratings for child booster seats, and the findings could prove vital in keeping your kids safe while in your car. The agency tested 60 different brands of seats, and rated them as “Best Bets”, “Good Bets” and some they do not recommend at all.

Parents should not use just a simple visual inspection or price comparison to select the best option for their children. By researching the IIHS findings, parents can make a much more educated choice for kids who have outgrown child restraints. "We're confident we're giving consumers a solid overview of what they'll find when they shop for their children," says Anne McCartt, Institute senior vice president for research, adding that "parents don't need to dig deep into their pocketbooks to buy a booster with good all-around belt fit."

The Institute assessed the boosters using a specially outfitted crash test dummy representing an average-size 6-year-old child. Engineers measured how 3-point lap and shoulder belts fit the dummy in each of the 60 boosters under 4 conditions spanning the range of safety belt configurations in vehicle models. Each booster gets 4 scores for lap belt fit and 4 for shoulder belt fit. The overall rating for each booster is based on the range of scores for each measurement. Child booster seats are made in two main styles – those with high backs and those with just a base pedestal seat. Some are convertible models, with high backs that can be removed.

A complete listing of the results of the IIHS comparison can be found here.

“There are so many parents with good intentions who don’t realize the importance of properly designed and installed child safety seats,” says Attorney PJ Scheiner of the Associates and Bruce L. Scheiner Personal Injury Lawyers, P.A., firm. “This study provides vital information necessary for them to select the best option to fit their child and their vehicle.”

The firm recommends all parents of children who should be using booster seats carefully research their purchase, and make sure the seat is correctly installed. For more information on the dangers of improper child restraint use, we invite you to visit our website at www.focusedonjustice.com.

Halloween trick-or-treating is a fun tradition in Southwest Florida. Everyone loves to enjoy the excitement of their children and neighborhood kids as they dress up and head out to fill their bags with goodies. With the seasonal change in daylight hours comes an earlier sunset, so extra precautions are needed in order to help keep your kids safe and protected.

Roughly four times as many children aged 5-14 are killed while walking on Halloween evening compared with other evenings of the year. Falls are also a leading cause of injuries among children on Halloween. Many Halloween-related injuries can be prevented if parents closely supervise school-aged children during trick-or-treat activities.

Parents can help prevent children from getting injured on Halloween by following these safety tips from the American Academy of Pediatrics, the Centers for Disease Control and Prevention, and the National Safety Council:

Treats: Warn children not to eat any treats before an adult has carefully examined them for evidence of tampering.

Flame Resistant Costumes: When purchasing a costume, masks, beards, and wigs, look for the label Flame Resistant. Although this label does not mean these items won't catch fire, it does indicate the items will resist burning and should extinguish quickly once removed from the ignition source. To minimize the risk of contact with candles or other sources of ignition, avoid costumes made with flimsy materials and outfits with big, baggy sleeves or billowing skirts.

Costume Designs: Purchase or make costumes that are light and bright enough to be clearly visible to motorists.

• For greater visibility during dusk and darkness, decorate or trim costumes with reflective tape that will glow in the beam of a car's headlights. Bags or sacks should also be light colored or decorated with reflective tape. Reflective tape is usually available in hardware, bicycle, and sporting goods stores.

• To easily see and be seen, children should also carry flashlights.

• Costumes should be short enough to prevent children from tripping and falling.

• Children should wear well-fitting, sturdy shoes. Mother's high heels are not a good idea for safe walking.

• Hats and scarves should be tied securely to prevent them from slipping over children's eyes.

• Apply a natural mask of cosmetics rather than have a child wear a loose-fitting mask that might restrict breathing or obscure vision. If a mask is used, however, make sure it fits securely and has eyeholes large enough to allow full vision.

• Swords, knives, and similar costume accessories should be of soft and flexible material.

Pedestrian Safety: An adult or an older, responsible child should always accompany young children. All children should WALK, not run from house to house and use the sidewalk if available, rather than walk in the street. Children should be cautioned against running out from between parked cars, or across lawns and yards where ornaments, furniture, or clotheslines may present dangers.

Choosing Safe Houses: Children should go only to homes where the residents are known and have outside lights turned on as a sign of welcome.

• Children should not enter homes or apartments unless an adult accompanies them.

• People expecting trick-or-treaters should remove anything that could be an obstacle from lawns, steps and porches. Candlelit jack-o'-lanterns should be kept away from landings and doorsteps where costumes could brush against the flame. Indoor jack-o'-lanterns should be kept away from curtains, decorations, and other furnishings that could be ignited.

The family of personal injury lawyers and support staff at Associates and Bruce L. Scheiner Personal Injury Lawyers, P.A., wish all of you a safe and fun Halloween!

In April a little boy almost drowned in a swimming pool near his aunt’s house in the Ft. Myers area. Family members say that all of the doors were locked and the only way this young child could have gotten out to the swimming pool area was through an 8” x 11” doggie door. They found the little boy face down in the swimming pool, immediately started CPR and called 911. He was taken to Health Park Hospital where, after one day of intensive care, he was released in good condition.

Incidents such as this have now caught the attention of various drowning prevention groups and the U.S. Consumer Product Safety Commission (CPSC) which believes young children watch their family dogs and cats going in and out of these doors and copy them. Although accidents of this type are comparatively rare, there is documentation of over 100 reported cases in the last 10 years. Last week the Wall Street Journal determined that this was a significant enough topic to cover in their “Health&Family” feature.

In August, 2006 another family in Florida lost their 2-year-old son, Matthew, when he died 13 days after getting outside through a pet door and falling in the pool. This family has been instrumental in making people aware of this little known danger. They have created an advocacy organization to get the word out. Information can be found at: www.petaccessdangers.org

Safety experts hope that pet doors will be required to have warning labels. There are also some new electronic doors that can only be opened by a pet’s collar.

Personal injury attorneys suggest that if you have a pet door, you immediately deal with this important issue.

If you or a loved one has been injured because of pet doors or any other reason, contact Associates and Bruce L. Scheiner, Personal Injury Lawyers today. We will fight for your legal rights, and stand by your side. We’ve been focused on justice since 1971. You will benefit from our experience and pay us nothing unless we win.

An automobile accident can be a devastating, life-altering experience. But when the accident causes injury to a child, it is often due to the improper use of child safety seats in vehicles. The National Highway Traffic Safety Administration, (NHTSA), estimates that deaths and injuries to children caused by car crashes could be reduced by 50% if every child passenger were properly buckled up. Sadly, many parents think their child safety seat is properly installed when it is not. Florida personal injury lawyers remind you that there are professional community resources available to help you ensure that your child safety seat is secured in your vehicle correctly.

The American Automobile Association, (AAA), has published some guidelines and tips to protect your children by making sure they are properly restrained in a child safety seat, according to their weight and age:

South Trail Fire and Rescue
2112 Crystal Dr.
Fort Myers, FL 33907
Phone: 239-936-5281 or 239-433-0080
Contact: Christie Knudsen

The Children’s Hospital
9981 Health Park Drive
Fort Myers, FL 33908
Phone: 239-432-4491
Contact: Elizabeth Moreno
(By appointment only.)

Collier County Sheriff’s Office
3301 Tamiami Trail, Bldg. J
Naples, FL 34112
Phone: 239-793-9155
(or)
3123 Terrace Ave.
Naples, FL, FL 34104
Phone: 239-793-9155
Contact: Susan Vivonetto

Charlotte County Fire/EMS Department
22429 Edgewater Dr
Port Charlotte, FL 33980
Phone: 941-743-1367
Contact: Denise Hawkins
(Please call for an appointment Mon.- Fri 8:00 a.m.)

DeSoto County Health Department- Healthy Start
34 South Baldwin Ave.
Arcadia, FL 34266
Phone: 863-491-7518
Contact: Bonnie Hoffer

Since 1971, Associates and Bruce L. Scheiner, Personal Injury Lawyers has been concerned about your safety and your children’s safety. This time of year, when parents are rushing around to get older children off to school, they sometimes don’t take the safety precautions they should for their younger children. Please take the time to have your child seats checked out.

With the beginning of another school year right around the corner, Florida personal injury lawyers urge all Florida parents of school-aged children to make sure their kids avoid potential safety hazards on the road to higher education. From school bus and traffic safety to exercising caution while on the school grounds, parents and kids need to practice some basic safety habits to help avoid serious injury.

AAA School Safety Patrol Program
The American Automobile Association, (AAA), has supported their School Safety Patrol Program for 87 years, with over 550,000 students participating in over 50,000 schools nationwide. Parents and school administrators can count on student patrollers to be stationed at various posts on and near school facilities, ensuring that their classmates get to and from their classes safely. AAA provides schools with all the tools and resources necessary to operate the Patrol program, and school administrators and Patrol Supervisors enlist the help of local law enforcement to develop a successful Patrol system. Not only does the Patrol program provide the means to keeping kids safe, it also teaches participating students life-long leadership qualities, important traffic safety rules, pedestrian safety, school bus safety procedures and how to identify potentially hazardous situations on or near the school property.

School Bus Safety Tips
It is not uncommon to hear or read about school bus accidents in Southwest Florida. In an effort to keep your children safe while traveling to and from school, the Lee County School District offers these safety tips for students:

• Leave home early enough to arrive at your bus stop on time.
• Wear bright clothing and always walk facing traffic.
• Wait for your bus in a safe place - well off the roadway.
• Never stand, sit or play in or near the street.
• Enter your bus in an orderly manner, and take your seat.
• Follow the instructions of your bus driver.
• Remain in your seat while the bus is in motion.
• Keep your head and arms inside the bus at all times.
• Keep aisles clear at all times.
• Remain quiet and orderly.
• Be courteous to your school bus driver and fellow passengers.
• Be alert to traffic when leaving the bus.

Additionally, the child’s parent or guardian should always make sure they know the
bus route number and bus stop location information for their child. (The link will take you to the 2009/2010 school year.) Also, they should always be able to describe what their child was wearing when they left for school in the morning. This information is vital for the school-based and transportation staff in the search for a student who has not arrived home from school.

Safety at School is No Accident
The Consumer Products Safety Commission, (http://www.cpsc.gov), offers some additional safety tips to make sure your child stays safe while on the school grounds.

• Check the playground equipment at your child's school. Look for hazards such as rusted or broken equipment and dangerous surfaces. The surface around the equipment should be covered with wood chips, mulch, sand, pea gravel, or mats made of safety-tested rubber or fiber material to prevent head injury when a child falls. Report any hazards to the school.

• Avoid any drawstrings on the hood or around the neck of jackets and sweatshirts. Drawstrings at the waist or bottom of jackets should extend no more than three inches long to prevent catching in car and school bus doors or getting caught on playground equipment.

• Make sure that the school's athletic director or a custodian anchors soccer goals into the ground so they won't tip over and crush a child.

• Teach children proper playground behavior: no pushing, shoving, or crowding.

• Give your child some strategies for coping with bullies. He or she should not give in to a bully's demands, but should simply walk away or tell the bully to stop. If the bullying continues, talk to the teacher.

• Make sure your child's school has up-to-date information on recalled toys and children's products. Schools, daycare providers and parents can receive recall information by fax, email, or in the regular mail free of charge by calling the Consumer Product Safety Commission hotline at 800-638-2772, or visiting the organization's Web site.