by Spencer Aronfeld | Sep 18, 2018 | Child Injuries, Cruise Ship Accidents
Taking a cruise can be a dream vacation for your family, but for some, that dream can soon turn into a nightmare if an injury or death occurs to a child. Serious accidents and injuries can happen to children at sea when the proper precautions are not taken, or the cruise line is negligent in caring for its minor passengers. We recently did a blog on tips to avoid child injuries on your next cruise. Among the most common accident sites on cruise ships are falls on stairs and steps. When the vacation of a lifetime turns into a nightmare due to a slip and fall, or a sexual assault, our firm holds cruise lines accountable by obtaining compensation for the injured victim and their family. Here is Part III of our special section on Cruise Ship Passenger Safety Tips for Children and Families. Swimming Pool Accidents and Drownings Pools and water slides on cruise ships are one of the biggest attractions for families, but they come with their own set of inherent risks. The risk of drowning goes up when children are around water. Our firm has handled tragic cases involving children harmed while in a pool on a cruise ship, some of these resulting in the child’s drowning. Many cruise lines do not post lifeguards at their pools, and essentially state you are swimming “at your own risk.” Cruise lines, including Carnival, require children under the age of 13 swim with parental supervision. However, it only takes a moment of looking away from your child for tragedy to strike. It is for this reason that we always encourage cruise ship passengers...
by Spencer Aronfeld | Sep 6, 2018 | Child Injuries, Cruise Ship Accidents
Making memories with your children and experiencing an unforgettable family vacation should be what your next cruise is all about. Major cruise lines including, Royal Caribbean, Norwegian Cruise Line, Carnival Cruise Line, Disney Cruise Line and Princess Cruises heavily market to young families who are looking for the accommodations of a luxury resort, while experiencing endless excitement and adventures at sea. These major cruise lines offer state-of-the-art ship design with an array of kid-friendly activities, such as wave pools, rock-climbing walls, laser tag, movie theatres, even ice-skating. It is estimated that 27.2 Million passengers will board a cruise ship in 2018. The demand for cruising has increased 20.5% in the last 5 years, according to a report by Cruise Lines International Association, Inc. However, just like on land serious accidents and injuries can happen to children at sea when the proper precautions are not taken, or the cruise line is negligent in caring for its minor passengers. Among the most common accident sites on cruise ships are stairs and steps. When the vacation of a lifetime turns into a nightmare due to a slip, trip and fall or a sexual assault onboard a cruise ship, our firm holds cruise lines accountable by obtaining compensation for injured passengers; these cases are especially tragic when these passengers are children. Aronfeld Trial Lawyers has successfully represented child passengers and their families from around the world who have been injured on cruise ships. We have obtained millions of dollars in compensation for these passengers when cruise lines put their profits ahead of passenger safety. Here is Part II of our special section on Cruise Ship...
by Spencer Aronfeld | Mar 1, 2018 | Child Injuries
Duties & Liabilities to Children in Premises Liability Cases A landowner holds different duties of care when it comes to individuals coming onto his or her property, and this duty can vary depending on the classification for the individual. One special classification involves children. The duties and liabilities the property owner holds are greater for minors than the average adult entrant onto the property. Liability in Children Versus Adults When it comes to premises liability cases, children receive a greater standard of care than adults. Many times, the degree of care that is given to the children depends on that child’s age and the ability that the child has to foresee certain perils before him or her. The younger the child, the higher the level of care. In addition, the way the child entered the property can also affect the duty and liability of the landowner; for example, if the child was an invitee, licensee, or a trespasser. Trespassing Child Generally, if there is a child trespassing onto a landowner’s property, the liability depends on a number of factors, including: The failure of the landowner to take reasonable care against what is known as foreseeable conduct of the child; and Balancing social policy of allowing the landowner to be able to use his or her own property in a way against general concern for the welfare of children. If an adult is trespassing onto the property they are typically held responsible for his or her own injuries, but if that trespasser is a child, it is assumed that the child does not have the knowledge and ability to process...
by Aronfeld Trial Lawyers | Jan 22, 2018 | Child Injuries, Wrongful Death
Playground and swing set injuries account for account for over 200,000 serious child injuries a year. This number doesn’t represent the minor injuries, such as scrapes, bruises, and broken arms, only those that require calling an ambulance and assistance of the emergency department. Therefore, the actual number of child injuries from swing sets is far higher. According to statistics from the Center for Diseases Control (CDC), in addition to these grave injuries, children die each year while at play on swing sets, with 147 deaths in a 10-year period. These deaths are tragic for the family and the local community, and parents can be left feeling helpless after the wrongful death of their child. Florida’s wrongful death action and rights afforded a minor’s family provide a proactive way to find closure for the loss. How Are Children Killed and Seriously Injured on Playgrounds? In Florida, deaths on park playground and personal swing sets are reported each year. These Florida child wrongful death accidents mostly result from strangulation and falling. Only in a very rare instance is a child seriously hurt or killed by impact with playground equipment. Children in Florida are far more likely to sustain injuries on public playgrounds, such as those located at a local park or school. The CDC found that 75% of swing set injuries occurred on public equipment. But the inverse is true when it comes to death. Across the United States, nearly 70% of all child deaths on playgrounds occur on private property. However, children are also fatally injured on playgrounds at childcare facilities, daycares, and schools. In fact, a leading cause of...
by Aronfeld Trial Lawyers | Dec 31, 2017 | Child Injuries, Wrongful Death
On October 22, 2017, a child’s body was found in an underground septic tank at Bruce Park in Jacksonville, Florida. A day earlier, three-year-old Amari Harley went missing from a family birthday party in the park, and it’s believed that the child fell into the underground tank and drowned. Such accidental death of a child is a tragedy for the family and raises several questions regarding liability, responsibility, and blame for a child wrongful death in Florida. Negligence Involved in Amari Harley’s Death While certainly an accident, certain evidence around Amari Harley’s death indicates that it was preventable. In January of 2017, a Jacksonville resident filed a complaint with the city that the septic tank where Amari was drowned was uncovered. The City of Jacksonville took action at that time, but within a month of those repairs had to re-secure the same septic tank cover after it failed a routine inspection. In September, the septic tank and the heavy, rubber covering that enclosed the tank passed inspection, but just days before Amari’s death a man claims he nearly fell into the uncovered septic tank and planned to file a complaint. The same resident says the only covering for the underground septic tank at the time of Amari Harley’s death was made of a lightweight plastic. After these earlier complaints, the City of Jacksonville, which owns Bruce Park, appeared to take limited action and provided mediocre solutions to an ongoing problem with this underground septic tank. In the wake of Amari’s death, these solutions seem inadequate and even negligent. So, is the City of Jacksonville to blame for the child’s...
by Aronfeld Trial Lawyers | Dec 6, 2017 | Child Injuries, Wrongful Death
The tragic death of a child can leave parents feeling helpless with grief or, alternatively, incredibly angry. Often, legal action provides a means to direct these intense emotions into effective action. Every wrongful death attorney understands that these claims do not come close to filling the void left by a loved one, but they do provide a means for surviving parents to become more than victims. Such is the case for the family of five-year-old Charlie Holt, who died in a rotating restaurant in Atlanta. What Happened to Charlie Holt? On April 14, 2017, Charlie and his parents, Rebecca and Michael were dining at the Westin Plaza’s rotating restaurant. The family was on vacation from Charlotte, North Carolina, and were enjoying a dinner out at the Sun Dial restaurant when catastrophe struck. According to the police report of the incident, Charlie wandered away from his parents during dinner. Unsupervised, Charlie somehow trapped his head between two tables, where it was crushed as the interior of the restaurant rotated. The family disagrees with the facts of this report, and in their recent lawsuit claim that throughout the meal the family utilized a walkway between tables to go to and from the bathroom. On the tragic occasion that Charlie was trapped, there was stationary wall too close to one of the moving booths. Charlie was unable to see the wall from his lower vantage point and was unable to escape the approaching wall before his skull was crushed between the two. Following these events, the Westin shut down the Sun Dial restaurant for an extensive period of time, but it was...
