child injury

Published on: February 18, 2018

Overcoming Sovereign Immunity: Holding Government, Workers Accountable in Florida Injury Lawsuits

The sovereign immunity doctrine in Florida bars lawsuits in state court against a state government, as well as its agencies and subdivision, absent governmental consent. Although proponents of this theory say it allows for governmental discretion by allowing officials to engage in flexible decision-making without risk of liability and protects public funds, opponents say it fails to discourage wrong-doing and leaves injured parties with no viable remedy.

Florida’s waiver of sovereign immunity is outlined in F.S. 768.28, a lengthy and complex statute that allows for various stipulations on suing the government or government employees for negligence. Even if you win, your damage award will be capped at $200,000 a person and $300,000 total per claim (no matter how many claimants), unless the state legislature passes a bill that allows for a higher amount in any given case. This doesn’t mean it’s never worthwhile to pursue compensation from a government agency or worker if you’re injured owing to their negligence, but it’s important to understand there will be a number of challenges, which is why hiring an experienced Orlando injury attorney is so critical.

A recent case considered by the Georgia Supreme Court considered a wrongful death claim involving the tragic death of a student engaged in horseplay in an unsupervised classroom. His parents alleged it was the result of negligence in whole or in part of the teacher who left the room. However, the teacher was a governmental employee, and as such, the question of official immunity was raised. Continue reading →

Published on: April 28, 2017

Child Facial Injuries Preventable

By Dean Freeman

Facial trauma, which is also formally referred to as maxillofacial trauma, is any type of physical trauma to one’s face. It can involve soft tissue injuries, like lacerations, burns or fractures, as well as trauma such as eye injuries.

Particularly when it comes to children, we know many of these injuries are preventable. They are often caused by:

Defective products (particularly infant and toddler items);
Sports-related injuries;
Car accidents.

April is National Facial Protection Month, according to the American Association of Oral and Maxillofacial Surgeons. The month was designated for the spring because it’s often the time at which children across the country start to become increasingly active in outdoor activities. Continue reading →

Published on: December 3, 2015

Doctors: Stop Using Crib Bumpers for Babies

By Dean Freeman

The holidays are fast-approaching, and baby gifts are especially popular for those who are expecting. Baby bedding – including cribs, sheets and crib lining – is a $50 million annual industry.

But concerns over crib safety have been mounting in recent years. It’s what led to the recall and eventual ban of drop-side cribs in 2011 after indications these products posed risk of serious injury and death to infants and toddlers. In more recent years, the focus has shifted to “crib bumpers,” the soft, pillow-like lining intended for use inside cribs that poses a risk of suffocation and strangulation for infants.

They are displayed prominently in stores in cute designs, intended to coordinate with the overall theme of the room. About 200,000 are sold annually. There have been several studies and recalls and lawsuits over the last four years, but still, they remain on sale. Continue reading →

Published on: June 23, 2015

Florida Child Drowning Continues to be a Risk

By Dean Freeman

Florida’s children under 5 are more at risk of drowning here than in any other state. Every single year, the number of children who drown could fill up three preschool classrooms.

These deaths are totally preventable, and may be the result of negligence by caregivers and/or property owners.

Just last month, the U.S. Consumer Product Safety Commission released new figures showing the number of deaths and injuries resulting from child drownings in both spas and pools continues to be a serious public health and safety risk.

Continue reading →