Florida Injury Lawyer Blog

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.

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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.