Car seat laws improved but need to go further in Florida to protect more of our children

Beautiful happy girl with teddy bear sleeping in the car

Schools across the state of Florida are letting out for summer break this coming week. That means that the summer driving season is upon us, where families will be driving around the state of Florida and to much more far-flung places around the country to visit relatives, friends and the multitude of tourist attractions that this great country of ours has to offer. Now is the perfect time to remind all of you who will be traveling this summer Florida’s most up-to-date car seat and restraint laws for children.

 

The most recent changes went into effect about a year and a half ago, on January 1st, 2015. Here is a quick refresher of the series of requirements, as stated in the 2015 Florida Statutes:

  • Children through the age of 3 must be secured in a federally-approved car restraint seat.
  • Children through the ages of 4 and 5 must be secured in a car seat or booster seat. Which one depends upon their size.

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.613.html

 

These additions to the state law increased requirements up through the age of 5. Before the beginning of last year, car seat requirements for children in the state of Florida only covered up through the age of 3. Although this is certainly an improvement, a number of child safety advocates continue to lobby for Florida state politicians to bring our laws in line with other states or to the standards recommended by the American Academy of Pediatrics’ that children by restrained in a booster seat until they are at least 4 feet, 9 inches (57 inches) tall.

 

St. Joseph’s Children’s Hospital child advocacy supervisor Bevin Maynard was quoted as saying by the Tampa Bay Times that the magic number “is not weight or age. It is height.”

 

She has had quite a bit of experience working with children and their families when a child has been seriously injured in an automobile accident. She knows that statistics from the National Highway Traffic Safety Administration state that the leading cause of death for children between the ages of 5 and 14 in the United States is improper restraint when in a traffic accident.

 

Some information for this blog post including the quote from Bevin Maynard was shared from the following article:  http://www.tbo.com/news/politics/new-florida-car-seat-law-takes-effect-jan-1-20141221/

 

If your child or the child of someone you know is injured in an auto accident you probably need a lot of comfort, in addition to expert legal advice on what to do. Call us at Slinkman, Slinkman & Wynne, P.A. We offer a free initial consultation, and we will try to help you through this very difficult and emotional time. Our phone number is (561) 686-3400.

At Slinkman, Slinkman, & Wynne, we know that car accidents unfortunately happen all the time. We help our clients and their children obtain payment to cover hospital and other medical expenses, pain and suffering, and more, if the situation warrants it.

If you want to learn more about how we can help you in a situation where someone you love has been in an auto accident, then go to this page on our website: http://www.sswlawfl.com/areas-of-practice/auto-accident/. We also specialize in Slip and Fall accidents, Wrongful Death & Serious Injury, Medical Malpractice, Defective Products, Premises Liability, Boating Accidents, Motorcycle Accidents and many other types of legal situations where injury or death has occurred.

Our main office is in Jupiter, Florida at 1015 W. Indiantown Road, Suite 101A. We have litigated cases in Palm Beach County and throughout the state of Florida.

 

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Steps you need to take if you are involved in a Slip & Fall accident

Wet Floor Warning

 

“Slip & Fall” accidents happen every day, particularly afflicting the elderly and others who have a hard time moving around. But it can happen to you, as well. Do you know what to do if you are a loved one gets hurt in a Slip & fall accident?

If you are involved in a slip/trip & fall accident, you should:

  • Avoid making any detailed statements concerning fault. Saying the wrong thing, or just saying too much can and will be used against you in court.
  • Make sure to get names of owners and managers of the property
  • Write down the names of witnesses; try to get their phone numbers as well.
  • If you are not incapacitated by your injuries, take good pictures of the scene and of your injuries.
  • Save the footwear and clothing you were wearing at the time of the accident.
  • Seek medical attention if injured immediately. If not immediately, then at least within 14 days, as required by current Florida Statute. Otherwise, you will not be able to seek full compensation for future medical bills, and it may cost you other compensation as well.

And

  • Do not give recorded statements to any insurance adjusters. Period. Even your own.

The liability of a premises owner or operator depends on the state and federal laws that apply to the circumstances. For example, an owner of a home or public store has a duty to warn you about any known hazards that you might encounter. Construction workers are legally obligated to warn and protect the public from hazard at their work sites. Depending on individual circumstances, all may still be liable for injuries you receive while on their premises, even if they warned you of potential injury.

To read more on what you should do if you are involved in a Slip and fall, go to: http://accident-law.freeadvice.com/accident-law/slips_falls/fall_what_to_do.htm

If you or a person you care about gets injured in a “Slip and fall” accident or you simply have a question about a potential personal injury situation, call us at Slinkman, Slinkman & Wynne, P.A. We offer a free initial consultation, and our phone number is (561) 686-3400.

At Slinkman, Slinkman, & Wynne, we know that Slip and fall accidents happen all the time. In fact, there are around 1 million Slip and fall accidents per year. If you are in an accident because of the negligence of a business, property or home owner, then you need to contact us right away. We help our clients obtain payment to cover hospital and other medical expenses, pain and suffering, and more, if the situation warrants it.

If you want to learn more about how we can help you in a situation where someone you love has been in an Slip and fall accident, then go to this page on our website: http://www.sswlawfl.com/areas-of-practice/slip-fall-accident/. We also specialize in Wrongful Death & Serious Injury, Medical Malpractice, Auto Accidents, Defective Products, and many other types of legal situations where injury or death has occurred in Jupiter and anywhere else in the state of Florida.

Texting & Driving: a preventable cause of too many deaths and injuries on Florida roadways

Stop Texting While Driving Sign

The time has come. In fact, it has long since passed. And now we have another year’s worth of statistical data that shows beyond a shadow of a doubt that we need more of a deterrent to stop texting and driving – and most other forms of cellphone usage while operating a motor vehicle.

In the state of Florida in 2015 alone 214 people were killed in accidents caused by “distracted driving.” An astounding 39,396… yes, over 39,000! Were injured. We ask every single citizen of this state – when is enough enough? How many more lives need to be lost or forever changed for the negative because of someone else’s negligence?

The fact is that our states’ laws against texting and driving, and cellphone usage while driving in general are some of the most lax in the entire country. For example, texting while driving is still considered a “secondary” offense here in Florida. A secondary offense means that you must get pulled over for committing some other offense before you get cited for texting while driving as well.

How many more lives will be lost needlessly and carelessly before we as a state get serious about curbing “distracted driving”? Our drinking and driving laws have become significantly more costly – in both money and freedoms taken away – than they were just a few short years ago. The same needs to happen with Florida’s texting and driving laws, as well.

Here are several websites we have mentioned before, such as http://www.textinganddrivingsafety.com/ and https://noys.org/ to see what you can do to help spread the word on curtailing texting and driving with teenage drivers, and all other drivers.

If you are injured in an auto accident because the other driver was texting, you may have a right to bring a claim for various damages and injuries incurred. Call us at Slinkman, Slinkman & Wynne, P.A. We offer a free initial consultation, and our phone number is (561) 686-3400.

At Slinkman, Slinkman, & Wynne, we know that automobile accidents involving cell phone usage happen all the time now, unfortunately. If you are in an accident because of the willful negligence of another driver then you need to contact us right away. We help our clients obtain payment to cover hospital and other medical expenses, pain and suffering, and more, if the situation warrants it.

If you want to learn more about how we can help you in a situation where someone you love has been in an auto accident, then go to this page on our website: http://www.sswlawfl.com/areas-of-practice/auto-accident/. We also specialize in Slip and Fall accidents, Auto Accidents, Boating Accidents, Motorcycle Accidents, Wrongful Death & Serious Injury, Medical Malpractice, Defective Products, Premises Liability cases and many other types of legal situations where injury or death has occurred.

Slip & Fall Accidents – common here in Jupiter, and everywhere else in the United States

Many people do not realize it, but Slip and Fall accidents are the most common accidents that result in hospital visits in the United States today. According to the National Floor Safety Institute (NFSI), over 1 million people each year go to the hospital due to a Slip & fall accident. 85% of worker’s compensation claims are attributed to employees slipping on slick floors.  https://nfsi.org/nfsi-research/quick-facts/

Slip and fall accidents are generally considered “premises liability” cases in Florida and most other states in America. These cases arise when a property owner or custodian is negligent in the maintenance, repair and upkeep of the property in question. Many states have laws that require landowners to maintain their property so that it does not present an unreasonable risk of harm to those that visit the property. Often, these laws pertain to both business owners and homeowners.

In many states, a merchant/store owner has a responsibility to people who use his premises to exercise reasonable care to keep his aisles, passageways, and floors in a reasonably safe condition. This responsibility includes a reasonable effort to keep the premises free of any hazardous conditions which reasonably might give rise to damage. Wet or overly waxed floors, obstructions in the middle of aisles, and other obstructions are normally seen as the owner’s responsibility here in the state of Florida.

Premise liability cases include: “slip and falls at commercial establishments caused by liquids or foreign substances; “trip and fall incidents caused by unsafe property conditions; “construction site accidents and, assaults by employees or business patrons in many states, business owners and property owners have a duty to provide a safe environment for individuals on their premises.

If you are injured because a property owner or a business establishment fails to provide a safe environment, even if you are an employee at that establishment, you may have a right to bring a claim for various damages incurred due to your injury. In many states, these damages include pain and suffering, medical expenses and lost wages.

The liability of a premises owner or operator depends on the state and federal laws that apply to the circumstances. For example, an owner of a home or public store has a duty to warn you about any known hazards that you might encounter. Construction workers are legally obligated to warn and protect the public from hazard at their work sites. Depending on individual circumstances, all may still be liable for injuries you receive while on their premises, even if they warned you of potential injury.

To read the entire article, please go to: http://injury.findlaw.com/accident-injury-law/premises-liability-who-is-responsible.html

If you or a person you care about gets injured in a “Slip and fall” accident or you simply have a question about a potential personal injury situation, contact us at Slinkman, Slinkman & Wynne, P.A. We offer a free initial consultation, and our phone number is (561) 686-3400.

At Slinkman, Slinkman, & Wynne, we know that Slip and fall accidents happen all the time. If you are in a Slip and fall accident because of the negligence of a business, property or home owner, then you need to contact us right away. We help our clients obtain payment to cover hospital and other medical expenses, pain and suffering, and more, if the situation warrants it.

Learn more about how we can help you in a situation where someone you love has been in an Slip and fall accident, then go to this page on our website: http://www.sswlawfl.com/areas-of-practice/slip-fall-accident/. We also specialize in Wrongful Death & Serious Injury, Medical Malpractice, Auto Accidents, Boating Accidents, Motorcycle Accidents, Defective Products, and many other types of legal situations where injury or death has occurred.

Slip and fall – considered under “premises liability” in Florida

Slip and fall accidents are generally considered “premises liability” cases. These cases arise when a property owner or custodian is negligent in the maintenance, repair and upkeep of the property in question. Many states have laws that require landowners to maintain their property so that it does not present an unreasonable risk of harm to those that visit the property. Often, these laws pertain to both business owners and homeowners. Florida is a state that has “premises liability” case law that pertains to both.

In many states, a merchant owes a duty to persons who use his premises to exercise reasonable care to keep his aisles, passageways, and floors in a reasonably safe condition. This duty includes a reasonable effort to keep the premises free of any hazardous conditions which reasonably might give rise to damage.

Premise liability cases include: “slip and falls at commercial establishments caused by liquids or foreign substances; “trip and fall incidents caused by unsafe property conditions; “construction site accidents and, assaults by employees or business patrons in many states, business owners and property owners have a duty to provide a safe environment for individuals on their premises.

For this and more information on how slip and fall cases are handled in Florida, please go to: http://www.floridabar.org/divcom/jn/jnjournal01.nsf/Author/F5EDDA415D032B218525767E0071DA90

If you are injured because a property owner or a business establishment fails to provide a safe environment, you may have a right to bring a claim for various damages incurred due to your injury. In many states, these damages include pain and suffering, medical expenses and lost wages.

If you or a person you care about gets injured in a “Slip and fall” accident or you simply have a question about a potential personal injury situation, call us at Slinkman, Slinkman & Wynne, P.A. We offer a free initial consultation, and our phone number is (561) 686-3400.

At Slinkman, Slinkman, & Wynne, we know that Slip and fall accidents happen all the time. In fact, there are around 1 million Slip and fall accidents per year. If you are in an accident because of the negligence of a business, property or home owner, then you need to contact us right away. We help our clients obtain payment to cover hospital and other medical expenses, pain and suffering, and more, if the situation warrants it.

If you want to learn more about how we can help you in a situation where someone you love has been in an Slip and fall accident, then go to this page on our website: http://www.sswlawfl.com/areas-of-practice/slip-fall-accident/. We also specialize in Wrongful Death & Serious Injury, Medical Malpractice, Auto Accidents, Defective Products, and many other types of legal situations where injury or death has occurred in Jupiter and anywhere else in the state of Florida.