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Holiday Gifts and Child Injury Risks in SWFL

As we reported recently on our Florida Injury Lawyer Blog, we bring more new products into our home during the holidays than at any other time of the year, which increases defective product injury risks, particularly among children.skateboard-197x300

Our child injury lawyers in Fort Myers and Cape Coral know their are some identifiable risks associated with many products marketed to children, and understanding those risks can go a long way toward keeping your child safe. Unintentional injuries are the leading cause of death among children ages 1 to 19, claiming more than 12,000 young lives each year, according to the Centers for Disease Control and Prevention. More than 9 million children are treated in hospital emergency rooms each year after unintentional injury. The most common causes include transportation accidents, suffocation, drowning, falls and animal bites.

In some cases, a product defect may lead to child injury risks. Lack of sufficient age-use warnings may also result in child injury. In other cases, a product is inherently dangerous. Riding toys, such as a bicycle, scooter, dirt bike or skateboard, are the leading cause of toy-related injuries. Those gifting such presents to a child should always check with the parents first, and such gifts should always come with necessary safety gear, including helmets.

Good Housekeeping’s rank of the 20 most dangerous toys of all time include an easy bake oven, fidget spinners, hover boards, lawn darts, slip-n-slides, toy crossbows, toy guns, sling shots, trampolines and even a Cabbage Patch doll.

Child Injury Lawsuits Under Florida Law

Our Fort Myers injury attorneys know injuries involving children are often complex cases, best handled by a law firm with significant experience in child injury and recovery. Children are not little adults. They are not treated the same under the law and their recovery, rehabilitation and long-term risks are often not the same as adults who suffer similar injuries.

For example, Florida premises liability law generally offers few protection to injured trespassers. However, small children who are injured or killed after wandering onto someone’s property may be protected under  (F.S. 768.075), which outlines duty of care a property owner owes (or does not owe) a trespasser. The statue specifically exempts those protected by the attractive nuisance doctrine under common law. The attractive nuisance doctrine recognizes children may be tempted onto a property without understanding the risks. Swimming pools are the most common attractive nuisance under Florida law, but Florida Statute 823.08 specifically mentions a number of others, including old appliances.

Injury or wrongful death claims involving a child will be filed by a parent or legal guardian and may involve a number of legal theories, including negligence, premises liability and product liability. Seeking the advice of a law firm with extensive experience in each of these areas of law will offer the best chance of success. A thorough understanding of child injury and rehabilitative issues is also vital to determining the full extent of current and future damages.

If you or a loved one is injured, call Associates and Bruce L. Scheiner, Attorneys for the Injured, at 1-800-646-1210.