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The unresponsive body of a four-year-old boy was pulled from a murky residential pool late last Friday, the Daytona Beach News-Journal reports. The child was reported missing after he slipped out of his father’s sight.

Deputies responding to the missing child report used a helicopter and K-9 units to search for the child. He was discovered at the bottom of the pool and pulled from the water by a deputy who began CPR. The child was taken to an area hospital, where he was pronounced dead.

Our Palm Beach accident attorneys and premises liability lawyers know for Florida residents submersion accidents are a concern, particularly given our geography and climate and the number of pools, spas and access to water sources spanning the state.

According to the U.S. Consumer Product Safety Commission between 2005 and 2007 there were, on average, 385 spa- or pool-related fatalities involving children aged 14 and younger. Between 2007 and 2009, approximately 4,200 submersion injuries required emergency care for this age group. Almost 8-out-of-10 submersion-related fatalities involved children younger than age 5.

More than half of the injuries and nearly three-quarters of all pool-related fatalities involving children 14 and younger happened in residential pools. For victims aged 5 and younger, percentages jump to 61 percent for injuries, and 84 percent for fatalities. Regarding victims aged 5 to 14, 48 percent of injuries and 43 percent of fatalities happened in a public venue.

KidsHealth reports that a young child can drown in less than two inches of water, making everything from the kitchen sink to a ditch filled with rainwater a potential safety hazard. (On that note, hot water can also be hazardous. It takes less than three seconds for hot tap water to cause a third-degree burn on a child’s skin.)

If you have a pool (hot tub, pond or spa included) at home, KidsHealth recommends having a fence that completely encircles the water source is “the best safety investment you can make”. In most cases, Florida law requires such a fence, as well as other safety features. Pool covers and pool alarms can act as a deterrent, but have proven ineffective in preventing drowning involving young children. With that said, perhaps the most important life-saving tip for a parent or caregiver working with children on or near property with water access is constant supervision. When water is involved, never assume someone else is looking after a child.

Other suggestions include:

~ Invest in swimming lessons. Whether you have a pool or not, teaching a child to swim can be a potentially life-saving skill.

~ Teach your kids proper pool behavior: no diving in the shallow end, don’t run on the pool deck. If you see a storm approaching or hear thunder, get out of the water.

~ Because seconds matter when it comes to submersion injuries, keep a cell phone with you at all times when supervising children playing in a pool.

~ Learn CPR.

~ If children are swimming or playing in a natural water system – the beach, the lake – make sure kids are wearing foot protection. Teach them to be alert to above and below water level hazards, such as boats or jagged rocks, tangled weeds and large waves or undertows.

~ Before letting your kids swim, be sure to check with the lifeguard station about water conditions and safety concerns.
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A shoreline Palm Beach boating accident off Juno Beach last Saturday has left a 14-year-old girl in critical condition with a serious leg injury at St. Mary’s Medical Center, the Palm Beach Post reports.

The accident occurred as the girl was attempting to board a 22-ft. Cobia in about three feet of water. She was struck in the leg by the propeller when the operator revved the engine in an effort to avoid becoming beached after waves pushed the vessel toward the shore.

She was dragged to the beach by friends where lifeguards worked to stop the bleeding. The Cobia sped off. To date two on-board witnesses to the accident have been questioned by authorities and an investigation is ongoing.

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A recently released joint report from State Farm Insurance Companies and The Children’s Hospital of Philadelphia (CHOP) remind us all of the impact of teen driver crashes. These crashes affect the teen driver and their families but let’s not forget about their victims.

Our Fort Pierce accident attorneys encourage teen drivers to get as much education as they can on the dangers of driving. Studies continue to show parental involvement can significantly reduce a teen’s risk of being involved in a serious or fatal crash.

This is an issue we all need to care about, as illustrated by the statistics from 2008 by the National Highway Traffic Safety Administration. A total of 2,739 teen drivers were killed in traffic crashes; another 1,654 passengers in the teen driver’s vehicle were also killed. Additionally, 1,518 died that were occupants of other vehicles involved in teen driver crashes and finally 517 deaths were of non-occupants.

Added up, 3,689 lives were ended by teen drivers, affecting equally the same number of families with victims in these crashes. This doesn’t include the teen driver’s causing the crash.

In Florida, 195 teen drivers died in 2008, which caused the death of another 321 people that were either occupants of the teen vehicle, occupants of another vehicle or non-occupants.

Data for Miles to Go: Establishing Benchmarks for Teen Driver Safety was gathered from varied federal data sources and determined 11 indicators to assist safety practitioners and policy makers in assessing progress regarding teen driving safety.

Four key behaviors were the researchers focus. These behaviors included speeding, distractive driving, alcohol use and not wearing a seat belt. The report indicated that car crashes cause more teen deaths than suicide, homicide or cancer.

Inexperience is the leading cause of these crashes and could be greatly improved by stronger Graduated Driver Licensing laws. These laws allow young drivers to practice driving in low risk conditions with supervision, in stages, to gain experience. In 1996, Florida was the first state to have a Graduated Driver Licensing (GDL) program. Statistics have shown that such programs can reduce teen crashes by up to 21%.

Though Congress established a National Teen Driver Safety Week in 2007 (annually held the 3rd week in October) teen driving education needs to take place year round with emphasis on the dangers of alcohol use, speeding, distracted driving and failure to wear a seat belt.

Recently the federal government’s Healthy People 2020 plan was expanded to include a 10% decrease in teen fatalities and increase seat belt use by 10%. This joint report will help greatly in monitoring the plan’s progress.
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Our Port St. Lucie accident attorneys remind you to stay focused while driving to prevent a serious accident in Fort Pierce or the surrounding area.

U.S. Transportation Secretary Ray LaHood just attended an event celebrating the one-year anniversary of FocusDriven. This organization is the first of its kind dedicated to helping victims of distracted driving. Others in attendance included FocusDriven President Jennifer Smith, representatives from Safeway and the Network of Employers for Traffic Safety (NETS) and family members of distracted driving victims.

In 2009, the National Highway Traffic Safety Administration reported almost 5,500 people died and just under 450,000 were injured in crashes involving a distracted driver.

“Distracted driving is a deadly epidemic and when it comes to road safety, we will not take a backseat to anyone,” said Secretary LaHood. “That’s why distracted driving will continue to be a major part of DOT’s robust safety agenda. Together with advocates like FocusDriven and NETS, and employers like Safeway, we can put an end to this deadly behavior and save lives.”

The newest “Faces of Distracted Driving” video was shown, illustrating the devastating effects of cell phone use while driving. Also unveiled by FocusDriven President, Jennifer Smith, was a new 30-second public service announcement “5500 campaign”, which shows hundreds of pictures of victims killed by distracted driving.

The government estimates at least 5,500 people a year are killed in distracted driving accidents.

“In our new PSA, we want to remind people that each and every distracted driving fatality is someone’s loved one, and that person’s family is in tremendous pain,” said Smith. “Our new campaign will urge the public to put down the phone and focus on the drive. We cannot wait until others are killed or injured to take action. The statistics show that it’s no longer ‘if’ someone you know will be affected by distracted driving, it’s ‘when.’”

Shannon Campagna, Vice President of Federal Government Relations for Safeway grocery stores, announced the anti-distracted driving policy for all truck drivers of Safeway. Truckers are now forbidden from using hands free devices, texting or talking on a cell phone while driving.

“The safety of our employees, customers and residents in the communities where we operate is and always has been of the utmost importance to Safeway,” said Campagna. “This policy not only helps keep our employees and customers safe, but we believe it is a good business practice as it ensures that our products arrive safely and on-time. Implementation of policies limiting use of phones and mobile devices by more private companies will help minimize distractions for drivers and keep Americans on the road safe and healthy.”

Results were announced from Bill Windsor, Chairman of the Network of Employers for Traffic Safety (NETS), on their 2010 Drive Safely Work Week (DSWW) campaign. This promotion, encouraged employers to have anti-distracted driving employer policies in place. This campaign reached over 20 million U.S. employees from 5,000 organizations. To date, 88% of the organization have or will have a cell phone policy in place within the year.

“Employers can make a real difference in keeping their associates safe both on and off the job by educating them about the dangers of distracted driving and adopting policies to prevent it,” said Windsor.
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Making the decision to put a loved one in a long term care facility isn’t easy. The words ‘Nursing Home’ strike fear into many of our elderly and with good reason. Our Fort Lauderdale nursing home neglect lawyers understand this difficult decision.

Just the other day the St. Petersburg Times reported on a Largo nursing home being placed on a federal list of problem nursing homes. The facility was cited for failing to supervise residents while they were smoking and broken call bells were found in residents rooms. This is the 6th Florida facility placed on the federal list.

According to the Centers for Disease Control and Prevention annually almost 1,800 elderly adults who live in nursing homes die from fall related injuries. Roughly 75% of nursing home residents fall each year and usually they fall more than once. There are many reasons residents fall which include poor fitting shoes, muscle weakness and medications. Sadly, as many as one-fourth are from nursing home hazards like improper bed height, poor lighting and wet floors.

Medical News Today reports sepsis in the elderly causes a long term impact to their cognitive and physical functions. Sepsis is a life threatening condition that is caused by the bloodstream being overwhelmed by bacteria. Bed sores, an indication of poor nursing home care, can lead to sepsis.

Nationally nursing home beds have declined 5.3% from 1999 to 2008. At 85,250 Florida nursing home beds have decreased almost 3%; and about 75 nursing homes have closed, even though the older age groups have grown in population.

Patients stay in Broward County nursing homes 13% fewer days then they did in 2007 and 5.6% fewer days was the figure for Palm Beach County.

Floridians have options to nursing home care which could explain why facilities in Broward and Palm Beach counties only fill 75% and 82% of their beds, respectively.

The Miami Herald reported there are alternatives to placing your loved one in a nursing home which include in home care and assisted living.

The number one form of elder care in the U.S., according to Guide to Nursing Homes, is having your loved one move in with you. However, not everyone has the means, room and skills needed to do this.

An assisted living facility may be a good fit for your loved one if, for example, they don’t want to drive anymore but want their independence. These facilities offer residents a private apartment with housekeeping, shared meals and laundry service are usually included in the monthly fee. And, if needed, aids can assist with tasks like dressing and bathing.

In Florida, Medicaid offers money-saving programs that help pay for care at home or in less costly settings, which help keep loved ones out of nursing homes.

Helpful sources to be used if you are helping an elderly loved one find a place to live are:
Guide to Choosing a Nursing Home

Federal List of Problem Nursing Homes
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Large trucks are less maneuverable, have large blind spots, take longer to stop and they accelerate more slowly than other vehicles. Extra caution needs to be taken when driving around them to avoid a West Palm Beach trucking accident.

The Sun Sentinel reported a multi-vehicle crash on I-95 last Friday morning trapping a state trooper inside his patrol car.

The trooper was parked on the median conducting a crash investigation when his car was hit from behind. A dump truck had sideswiped a car that sent it into the trooper’s car. The trooper was trapped in his vehicle for almost 30 minutes and was taken to the hospital with serious injuries.

The dump truck driver was found later and was charged with leaving the scene of the accident and property damage. The crash caused an estimated $30,000 in damages.

The National Highway Traffic Safety Administration reported in 2008 that Florida had 4,227 vehicles involved in fatal crashes, 269 were large trucks. Nationally 380,000 large trucks were involved in accidents, causing 90,000 injuries and 4,229 deaths.

Progressive Insurance offers these safety tips when driving near large trucks:

-Large trucks have blind spots and the drivers have limited visibility behind the truck and along side it. Make sure the driver can see you; if you can see the driver or their mirrors then you are visible to the driver.

-If you are passing a truck or changing lanes, leave plenty of space between your vehicle and the truck once you are in front of it. A good rule to remember is to see the entire cab of the truck in your rear view mirror before getting into their lane.

-Pay attention to the truck driver’s turn signal. Large trucks usually need to make wide right turns. So it is not a good idea to try to pass a truck if their right turn signal is on.

-When trucks have light loads or on windy days their trailers can sway into your lane. Try not to drive for any length of time next to a large truck. Trucks can have tire blowouts sending treads all over the road. This added danger makes it important to keep a safe distance from the truck in case this happens to avoid the flying debris.

-Never get aggressive with a large truck. Braking suddenly or cutting a truck off is extremely dangerous. If a truck is being aggressive towards you, either get off at the next exit or slow down and let them pass by.

-The best way to remain safe driving next to large trucks on Florida roadways and interstates is to maintain patience and use extra caution.
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The Governors Highway Safety Association (GHSA) recently announced that pedestrian fatalities increased during the first 6 months of 2010.

After 4 consecutive years of steady decline the slight increase in pedestrian accidents is a concern to our Fort Lauderdale accident attorneys. Traffic deaths were down considerably during this same time period.

The report was done by an independent researcher, Dr. James Hedlund, who used to work for the National Highway Traffic Safety Administration (NHTSA). This new study Spotlight on Safety: Pedestrian Traffic Fatalities by State focuses on state-by-state pedestrian deaths, which is the first of its kind.

According to the report there have been 7 more pedestrian deaths during the first 6 months of 2010 than the previous period last year. Since 2005 there has been an average drop in fatalities of 200 each year. During this same 6-month period, traffic deaths decrease by 8%.

GHSA Chairman Vernon F. Betkey Jr. notes, “Nationally, pedestrian fatalities account for about 12 percent of overall traffic deaths, a small but significant portion. Given that we have made so much progress in this area, GHSA is concerned to see this reversal. One factor may be the increased distractions for both pedestrians and drivers. Anyone who travels in a busy city has seen countless pedestrians engrossed in conversation or listening to music while crossing a busy street. Just as drivers need to focus on driving safely, pedestrians need to focus on walking safely – without distractions.”

Interesting facts from the report (Washington D.C. was counted as a state):

-28 states had pedestrian deaths decline.
-18 states had pedestrian deaths increase.
-5 states had no change.
-8 states had a double digit increase in pedestrian deaths including: Arizona (up 21), Florida (up 35), Massachusetts (up 11), Michigan (up 10), North Carolina (up 17), Oklahoma (up 16), Oregon (up 18) and Virginia (up 10).

The report suggested these measures to improve pedestrian safety:

-Allocate appropriate resources to make pedestrian safety a priority.

-Examine crash data to recognize pedestrian problem areas.

-Engineer roadways to be more pedestrian friendly, add crosswalks and roadway space.

-Continue to educate the public about pedestrian safety.

-Strengthen laws regarding pedestrians in crosswalks.
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The government is seeking help from the automakers in the fight against distracted driving, Reuters.

Despite having ownership in General Motors and Chrysler, the government is treading lightly in their request to manufacturers. Meanwhile, with each new model year comes more in-dash computers, satellite radios and GPS devices. Unfortunately, these ‘extras’ increase the risks of motor vehicle crashes when drivers get distracted trying to work the units.

Driving is difficult enough at times with all the exterior distractions causing West Palm Beach car accidents. Vehicles coming fully equipped with gadgets inside the vehicle only gives drivers more of an opportunity to get distracted.

Florida is one state who remains without any sort of distracted driving laws as detailed by Governors Highway Safety Association. There is no law against talking or texting on your cell phone while driving. Though only a handful of states have banned hand-held cell phones from all drivers, the majority have banned cell phone use for novice drivers under age 18.

Florida is not one of these states. There are 30 states that have banned text messaging for all drivers. All but 4 of these states consider it a primary offense– thus allowing drivers to be pulled over for that reason alone.

Some states allow specific localities to pass their own distracted driving laws. Florida is a state that prohibits localities from enacting such laws.

The most recent crash statistics seems to warrant the government’s concerns about distracted driving. Last September, the National Highway Traffic Safety Association announced there were 5,474 fatalities and 448,000 injuries in distracted-driving-related motor vehicle crashes in 2009.

Data showed cell phone usage was reported as a distraction in 18% (995) of these fatal crashes. For 2009, 16% of all fatal crashes reported distracted driving, as well as, 20% of injury crashes. In 2005, 10% of crashes were distraction-related.

Over the 5-year span from 2005-2009, the overall crashes were significantly lower (39,252 down to 30,797) but distraction-related crashes increased from 10% in 2005 to 16% in 2009.

Fatalities from distracted driving crashes were similar, increasing from 10% (4,472) in 2005 to 16% (5,474) in 2009.

In 2010, bills that would limit Florida drivers’ use of cell phones were rejected or ignored. State representatives in Florida have filed a distracted driving bill to be addressed in the upcoming March 2011 legislative session. The hope is to pass a bill that prohibits Florida drivers from texting, emailing, or instant messaging while behind the wheel.
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It was supposed to be a birthday celebration, instead five Haitian-born teens, friends since childhood, were found dead in their Hialeah motel room by a maid just days after Christmas.

The Miami-Dade medical examiner ruled the South Florida deaths accidental, the Miami Herald reports. Our Fort Lauderdale personal injury lawyers note carbon monoxide is believed to have been responsible. We are in the midst of what passes for winter in South Florida. And it has been colder than usual. When hotels, apartment buildings and businesses fail to ensure heating equipment is properly functioning, property owners can and should be held responsible when injury or death results.

According to the Daily Mail, the boys checked into the $62-a-night hotel room around 9 p.m. on Sun., Dec. 26, 2010 and were discovered at 2 p.m. the next day. The boys, aged 16 to 19, had just completed a fiction-based independent film project depicting life in Little Haiti.

The young men borrowed a car from a friend to make the trip. Some time after their arrival at the hotel they found the car battery dead and got a jump from a friend. Fearing the car wouldn’t start again, they decided to let the motor run. Deadly carbon monoxide gas from the car exhaust found a pathway through an opened garage door and seeped into the hotel room above. The car was still running the next day when ambulance and law enforcement arrived to investigate. No drugs or alcohol are believed to be involved.

One friend of the victims told the Miami Herald that the hotel room was “sealed shut like an aircraft” and wondered why there appeared to be no ventilation ducts, which could have prevented the tragedy.

As we have noted in a prior post to our South Florida Injury Lawyers blog, property owners and manufacturers have an obligation to tenants, guests and consumers to ensure a safe experience and environment.

As of 2007, the Miami Herald reports, Florida law requires that gas detectors be installed in boiler rooms at hotels and motels. Residential buildings that hold a fireplace or heater or have an attached garage were required to have a detector installed within 10 feet of bedrooms by July, 2008. Police are now investigating whether the hotel was negligent in installing detectors.

According to the Mayo Clinic, carbon monoxide is tasteless, odorless and colorless. Because of this, victims of carbon monoxide poisoning are often overcome without warning. Once inhaled, the gas attaches to hemoglobin in red blood cells and blocks the body’s ability to absorb oxygen. Because it is nearly impossible to detect, it is known as a silent killer estimated to be responsible for 450 deaths and more than 50,000 emergency room visits each year, the American Lung Association reports.

The ALA indicates that all levels of carbon monoxide intoxication resemble flu or food poisoning symptoms – headache, nausea and weakness. At regular low-level exposure, victims can suffer lasting cognitive and physical problems. High-level exposure can render a victim unconscious, and often causes death if the victim is not quickly discovered, removed from the intoxication site, and treated.

Whether you are a renter, homeowner or property manager, making sure that fuel-burning stoves or appliances are located in a well-ventilated area can be a life saver. So can installing a carbon monoxide detector and regular maintenance of ventilation systems and gas-burning appliances.
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Tragedy struck the Florida all-terrain vehicle recreational rider community this week when a 12-year-old boy was killed and his 11-year-old passenger was injured after the ATV they were riding drove off a curved dirt path and struck a tree, Tampa Bay Online reports.

The boys were cut off by a dirt bike and lost control of their ride according to the police report. Both boys were wearing safety goggles and helmets.

Our Fort Lauderdale injury attorneys know that property owners and businesses permitting ATV riders, ATV rental sites, ATV owners and other recreational vehicle enthusiasts (such as dirt bike riders) all share in the responsibility for keeping South Florida terrain, off-road parks and equipment safe. That a negligent act, intentional or not, of another rider; or, oversight on the part of a property manager or owner, can lead to an accident with devastating long-term consequences.

According to Florida Statute 316.2074, children under age 16 are permitted to operate an ATV, but must be wearing a helmet and safety goggles. Riders under 16 are also required to successfully complete an online ATV course and carry proof of same whenever they ride. Overall in 2009, the Florida Department of Highway Safety and Motor Vehicles reports there were 536 ATV-related crashes that claimed 12 lives and left another 489 injured.

First and foremost, the ATV Safety Institute reminds recreational riders that ATVs are not toys and that treating them as such can have deadly consequences. Among a host of other guidelines offered below, it is important to ALWAYS follow the manufacturer’s minimum age guidelines for passenger and drivers.

~ Be familiar with the handling quirks of your vehicle. Be comfortable with brake controls, starter systems, transmission clutches, gears, drive chain action, throttle and controls on any ATV you ride.

~ If an ATV is a single rider, NEVER carry a passenger.

~ Passengers and drivers should always wear a DOT-approved helmet. Eye protection and gloves, a heavy long-sleeved shirt and pants, and strong, thick-soled over-the-ankle boots will add more layers padding and protection in the event of an ATV crash.

~ If riding off-road, layering on specialty gear like knee pads, shin guards and chest protectors is recommended.

~ Before riding check your tire air pressure and check to make sure your axle nuts are screwed on tight and secured by cotter pins. Test your throttle, brake and foot-shifter controls for smooth and consistent action. Make sure your oil and fuel levels are topped off.

~ Because riding off-road will rattle loose just about any fasteners, give grips and footrests a good shake before assuming bolts are tight.

~ Carry a toolkit complete with spare parts – spark plugs, tape/wire, and some tow rope – to address common mechanical foul-ups.

~ Know the terrain and know the rules of the road wherever you ride.

~ Keep your hands on the handlebars, your feet on the footrests, your eyes on the road, and your mind free of distraction. In short: pay attention to your ride, the road and your surroundings.

~ Approach soft terrain, turns, slopes, dunes, muddy surfaces and hills cautiously. In other words, adjust your speed according to your confidence in the terrain. Be constantly on alert for human and environmental hazards.

~ Don’t ride alone and don’t mix alcohol or drugs with ATV riding. Carry a charged cell phone and, if possible, a GPS device.
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Contact Information
WEST PALM BEACH
5 Harvard Cir #110
West Palm Beach, FL 33409
Phone: 561-999-9999
Fax: 561-689-4310
PLANTATION
8751 W Broward Blvd #106
Plantation, FL 33324
Phone: 954-999-9999
Toll Free: 800-561-7777
Fax: 954-979-1225
MIAMI
7685 SW 104th St #200
Miami, FL 33156
Phone: 786-517-9774
Toll Free: 800-561-7777
Fax: 954-979-1225
ORLANDO
258 Southhall Ln #140
Maitland, FL 32751
Phone: 407-999-9999
Fax: 407-956-3820

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