Injuries to Children

Personal Injury, Motor Vehicle, Cruise Ship, Recreational Boating, and Jet Ski Accident Attorneys Serving Florida.

Our Miami injury lawyers handle accidents and injuries that occur on the playground, schoolyard, day care facility, water park and amusement park. The owners and managers of these facilities have duties to:

  • Design the park, facility, or equipment so that it is safe when people especially children use them in the way we all know they will use them
  • Select materials and designs which are safe for children to fall onto or to prevent falls in the first place
  • Manage children and people so that accidents and injuries do not occur
  • Monitor the activities of the children in the facility so that they do not get injured and so that they do not hurt each other
  • Supervise the facilities and the people using the facility so that accidents and injuries do not occur
  • Inspect the facilities and the equipment and repair and maintain the facilities and equipment so that  accidents and injuries do not occur
  • Provide security to the facility and limit access to the facility so that outsiders do not harm or injure the children

playgroundSome of our cases have included situations where:

  • Day care center fails to watch or monitor children on a high slide and a child falls and fractures his arm;  day care center did not call the parents and told the parents only at the end of the day
  • Cruise line advertises a teen only program but allows older men into the program who meet and have sex with a teen
  • Cruise line advertises that it provides babysitting services with trained and educated monitors and that they provide security for the premises of this service onboard its ship but allows the children to act out sex under the covers
  • Cruise line provides a water park with water flowing down slides and spraying over the surfaces including mats at the end of the slide but fail to block off the area at the end of the water slide where the access to walk across it is restricted so that one child sliding down the slide does not strike one walking across the bottom of the slide

waterpark on a cruise shipSome of the standards that apply to these facilities to prevent these types of accidents and injuries include:

World Waterpark Association

  • 6.2.11 Standard Waterslides: Standard flume rides require supervision at both the dispatch and exit areas.  This need can be met in a number of ways short of assigning two attendants to each individual flume in most circumstances.  Dispatch-tub placement, signs, defined workstation and other factors can effectively accommodate dispatch needs.  Some installations control several flumes with a single attendant by preventing guests from approaching the entry tub until the attendant releases them from a displaced queue point.  Capacity is not lost, and guest control can be maintained.
  • 5.5.2 Guest Exit: Attendants should be aggressive and continuously talk to physically move people away from risks presents in flume-discharge areas.

American Red Cross

  • Management can help prevent injuries by posting signs, markings and warning to inform patrons about dangers.
  • Patrons need to know about risks that could cause injury.  Signs give them warnings, tell them how to use equipment and list rules and regulations to help prevent behaviors that can lead to injury.
  • Every facility should have rules and regulations posted.

National Swimming Pool Foundation

  • Signs around an Aquatic Play Feature (APF) facility are a means of providing information and warning about hazards.
  • In addition to the normal signs found at aquatic facilities, signs at APF facilities should have written messages about the attraction and in some cases have a pictorial message.
  • For signs to be effective, certain considerations should be observed:
    • Visibility: The signs must be placed where they are easy to see.
    • Simplicity: The message on the signs should be kept to a simple and clear statement.
    • Clarity: Letter size and contrast are important for the sign to be easily read.

The International Aquatic Foundation

  • 22.3 Sign Placement
  • 22.2.1 Guest Observation: Signs shall be positioned to provide effective guest visual observation.
  • Instructions for the use of any pool or aquatic attraction shall be placed in a conspicuous place and shall be visible to all persons entering the designated place of access to the pool or attraction.

Contact Hickey Law Firm, P.A. online or call 305-371-8000 today if you have questions or need assistance for your injured child. Our law firm proudly serves families throughout the Miami area, all of Florida and (in some cases) nationwide.