The Galione Law Firm

Gainesville Child Injury Blog

How to avoid premises liability issues when hosting a party

When summer comes, backyard parties are often in full swing. But those hoping to host friends, family, neighbors and co-workers at their Florida home should think twice about safety before opening their doors.  Protecting oneself from a premises liability lawsuit with insurance and due diligence is a good idea before hosting any event.

It is a good idea to take a look at homeowner/general liability coverage before hosting a party. Typically, these policies cover injury to a guest at a party. However, there may be some limitation, such as injury to a guest under the age of 21 who was served alcohol. Be sure to remain within the confines of Florida law and an insurance policy when hosting a party.

How to handle a teen's products liability settlement

When a child suffers a catastrophic injury, parents are mainly concerned with the health ramifications. A lawsuit may follow, as something like products liability could leave another party responsible. But after a Florida court rules on a personal injury case involving a minor, parents in the state still have many things to consider. 

One of the most critical challenges with settlements involving young people is how to manage the money involved. While a teenager may receive a six-figure settlement, he or she may not have the maturity or self-control to spend it properly even after turning 18. For parents, lawyers and others involved in these cases, this can be the biggest sources of stress once a case is settled.

Can premises liability be raised for children lost in an airport?

For some families, sending younger people on flights alone is a normal occurrence. Many of these families trust airline employees and airport staff to help their child enter and exit the plane safely. But what happens in a Florida airport when an unaccompanied minor flyer gets lost? Is there a premises liability issue for the airport, or could the airline charged with caring for the child be held responsible? According to legal precedents, lawsuits for such cases are almost nonexistent.

When children between 5 and 12 travel without supervision, they are considered "unaccompanied minors" by airlines. In some cases, a fee of up to $150 will apply for these flyers. This is to compensate for the minor's special care, such as seeing them onto the plane, meeting them when it lands and helping them make connections.

Home playground negligence can lead to premises liability issues

The idea of having a backyard playground set is attractive to many parents. However, responsible setup and supervision of these playgrounds is critical for the safety and entertainment of the children playing. There are a few things Florida parents should consider before buying up a playground set to avoid future premises liability issues caused by an injured child.

Research is critical when purchasing playground equipment. To understand whether equipment is age appropriate, parents can consult manufacturers' guides. They should also review the manufacturer to make sure they have a history of creating safe equipment. It's a good idea to check if any of their products have been recalled or deemed substandard by safety experts like ASTM and CPSC.

Common causes of child injuries and what to do

Minor scrapes and falls are an inevitable part of growing up. However, sometimes child injuries go above and beyond simple spills and require serious medical care. In serious injuries, other factors can also come into play, such as whether the injury was caused by someone else's negligence or a defective toy or product. 

In cases where negligence was the factor that caused your child's injury, you may be able to take action and seek justice. A qualified child injury attorney can help you understand how to recover expenses and seek damages for your child's injury. Here are a few common causes of child injuries and what you can do if negligence was a factor: 

Irresponsible pool ownership can lead to premises liability issue

Across the United States, drowning is a common risk for children under the age of 4. In fact, it's the second highest cause of death for that age group and is particularly an issue in southern states like Florida, where swimming pools are open year-round. Owners of backyard pools and spas should be aware of backyard safety practices and responsible supervision to avoid an injury or fatality. Those who do not take proper precautions can face serious consequences themselves under premises liability law.

Children under 5 years of age and young adults between the ages of 15 and 24 have the highest drowning rates in the United States. Younger children most often drown in swimming pools while young adults typically drown in natural water like lakes and rivers. Close to 80 percent of those who die are male.

Unattended kids can cause major premises liability issues

Playing outside is an important part of many people's childhoods, but injuries from avoidable playground accidents are not fun for anyone. Luckily, there are things that homeowners in Florida can do to prepare their spaces to be safe for young residents and visitors. Those who do not take proper precautions may find themselves facing a premises liability lawsuit should an accident occur.

It is important to always monitor children as they play, especially if they are using higher-risk toys and equipment. Climbing equipment, riding toys and swimming pools can be particularly dangerous for children. Supervisors should ensure that playgrounds that children in their custody pay on have a soft place to land, such as wood chips, and do not have equipment with is broken, sharp or can trap a child's body part.

Neglecting playground safety can cause premises liability issues

While scrapes and bruises can be typical for children playing on the playground, more serious injuries can occur if equipment is not safe. Someone who owns playground equipment could face premises liability issues under Florida law if they are found to be negligent in maintaining their structures. According to MRI technicians, there are a few safety tips parents and playground owners alike should be aware of to prevent playground injury.

The first thing that is critical is to keep an eye on children. Those who are responsible for other peoples' children could have a serious premises liability case on their hands if they do not properly supervise children playing. Supervisors should create and maintain safety-minded guidelines, such as not climbing up slides to avoid getting hit by someone coming down.

Will self-driving cars cause more car accidents in Florida?

Self-driving vehicles are a part of the near future, and Florida readers may want to know about how this new use of technology could affect them. Many states have permitted the testing of self-driving vehicles, and the Sunshine State is included in those numbers. However, a recent fatal accident involving a self-driving car and a pedestrian in another state have caused many to wonder if these vehicles could actually lead to a higher chance of car accidents.

In this recent unfortunate event, the autonomous car failed to detect the pedestrian and brake, as it was intended to do. There are many who think this form of transportation is actually more dangerous than many car companies want to admit, suggesting that states should pause or scale back their testing programs. However, Florida authorities have no plans to do that. 

Pacifier recalled due to choking hazard

Parents who recently purchased the Dr. Brown's Pacifier & Teeth Holder need to take immediate action because as of March 15, 2018, the company issued a recall for the product. At the time of the recall, retailers sold over 550,000 of these pacifiers around the United States. Additionally, over 10,000 sold in Canada.

The recall states that the snap located on the ribbon of the product can detach. This makes it a choking hazard, and the only remedy is to replace the item. As of this time, consumers have not reported any injuries as a result of the defect. However, there have been 67 reports of the snap detaching, which could pose a hazard if not fixed soon. Parents should take immediate action and contact the brand, Handi-Craft, to receive a replacement toy. 

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Gainesville, FL 32607

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