MIAMI PERSONAL INJURY LAW FIRM SHARES INSIGHT FOR STAYING SAFE AND AVOIDING ACCIDENTS DURING THE CHRISTMAS SEASON
PERSONAL INJURY INVOLVING CHILDREN AND CHILDREN’S GOODS
- My child was injured because of a defective toy.
- My child swallowed a small toy part that became unfastened.
- My baby’s new crib collapsed and my child suffered injuries.
Christmas gifts bring unrivalled joy to children around the world and make for memorable moments, which start with the sight of presents under the Christmas tree and continue with the unwrapping. Though most toys are safe and undergo strict inspection, according to W.A.T.C.H. (World Against Toys Causing Harm, Inc.), children suffer an average of 240,000 toy-related injuries every year. Furthermore, every couple of minutes, at least one child receives emergency medical care in the U.S.A, with over forty children suffering wrongful death from toy-related accidents in a two year period from 2016-2018.
- Verify that all goods such as toys, are properly assembled before using and read all safety precautions
- Avoid standing on ladders, chairs, etc., that are not on a stable surface
- Avoid overloading power outlets or extension cords
- Do not drink and drive
- Keep children away from sharp objects that may be near the edges of tables
Though not only toys can cause injury to children, glass Christmas tree decorations and lights can cause cuts, lacerations, slip and fall accidents, and even electrocution among children. That is why, glass decorations must always be kept out of reach of babies and children under the age of five. Furthermore, decorations depicting Santa or other colorful characters can easily be mistaken for candies or chocolate treats and result in a child injury such as choking. Nevertheless, toys, especially those imported illegally or manufactured and sold without meeting safety guidelines, are among the most dangerous Christmas items for children of any age. In Miami, the Perazzo Law Firm advises parents and guardians to always buy toys that are appropriate to the child’s age, and that the toys contain no small parts that a child may easily mistaken for candy or food. Parents may also suffer injuries when opening gifts when disregarding safety precautions and using sharp knives or scissors to cut through wrappings. Batteries represent added dangers to children as they can also be mistaken for food and swallowed by hungry toddlers. That is why, parents should make sure batteries casings are probably screwed in and batteries properly fastened, and that baby toys are kept out of sight when not in use as small children tend to stick everything in their mouths, especially babies that are teething. Keep reading for more insight into children accidents and legal advice for dealing with children accidents in Miami.
Some of the most common toy related injuries
Small toy parts, pull strings, synthetic hair, or oblong colorful pieces can look like candy to small children. When small toy parts or similar objects are swallowed, a child may easily choke. When a child is choking on a small toy part or pull string, parents or guardians must act quickly to remove the stuck object by placing their fingers inside the child’s mouth and trying to remove the object. If the child has swallowed a small toy part, the child should be taken to an emergency healthcare facility for treatment and observation. Small toy parts that make it into the stomach will almost always be released with bowel movement, however, this may be painful and result in rectal injury depending on the size of the toy part. Sometimes, a pull string toy can lead to injury by choking if the pull string becomes detached from the toy. A child may inadvertently wrap the toy around its neck and choke. Toys that do not meet federal regulations and meet safety standards should not be purchased, and shoppers should always read that the toys have an age recommendation that meets the child for whom the toy is being purchased. Also, never buy toys that have no warnings or safety labels.
Preventing children injuries depends greatly on the responsibility of adult parents or guardians.
*If a child over the age of one is choking and the obstruction is not visible or can be reached with your fingers, follow this procedure in an emergency situation:
- Stand or kneel behind the choking child.
- Clench your fist and place it between the belly and upper ribcage.
- Grasp the child’s hand with your other hand and pull in and upwards sharply.
- Repeat the procedure at least five times.
- Refrain from applying pressure to the lower ribcage in order to prevent injury.
*If a choking child is under the age of one, try these emergency choking procedures:
- Place the baby face down on your thighs while supporting the baby’s head with one hand.
- Administer several sharp blows with the heel of your hand in the middle of the baby’s back between the shoulder blades.
*If this procedure fails to dislodge the obstructing object, try implementing the chest thrust procedure:
- Place the child face up along the length of an adults thighs.
- Locate the breastbone and place two fingers in the middle.
- Administer five sharp chest thrusts (pushes) in order to compress the baby’s chest by about a third.
It is important to try to make the child cough so that they child’s own inertia can dislodge the object naturally. If all else fails, call an ambulance. Never leave the child unattended to, especially if the child has lost consciousness.
Children should never be given toys that require electrical power sources as they present possible injury through electrocution. Thin power cables can easily be cut or sliced if a child that has teeth places a cable in its mouth. Also, a child may locate the power source and place its fingers in an electrical outlet or even get electrocuted by trying to plug in or unplug an electric powered toy. This can be toy trains, cars, drones, or any toy that needs to be charged before use. If a child suffers an electric discharge, he or she should be taken to an emergency healthcare facility for a medical evaluation.
FRACTURES AND BREAKS
Defective baby goods such as strollers or cribs can cause injury to children if these products are poorly manufactured or unproperly assembled. Strollers that are defective can suddenly fold or collapse and result in bodily harm if a child falls or is stuck in the stroller. Baby cribs made of poor materials or poorly assembled may not withstand the pressure placed on its sides when a baby is pushing up against it. Defective baby seats can also lead to injury when manufacturing flaws are present. These children injuries should be discussed with a personal injury lawyer with experience in product liability claims. In Miami, the Perazzo Law Firm is dedicated to achieving the highest levels of client satisfaction when handling insurance claims for compensation from injuries to children due to defective consumer goods.
If your child has suffered injury or harm as a result of a defective toy or product, contact the Perazzo Law Firm for a FREE initial consultation to discuss a possible insurance claim by way of a products liability claim.
What is Products Liability?
Product liability is the area of personal injury law in which manufacturers, distributors, suppliers, retailers, and others who make goods readily available to the consumers are held legally liable for any injuries, damages, or losses that those products result in.
*Disclaimer: The above mentioned procedure are aimed to help in emergency situations but do not replace professional medical assistance.
CHRISTMAS IN MIAMI – ACCIDENT PREVENTION AND SLIP AND FALL ACCIDENTS
City officials and business owners in-and-around Miami Beach are preparing to welcome thousands of visitors eager for a dose of unforgettable fun under the Florida sun. With the Christmas Festivities hours away, Miami Beach is putting the finishing touches on its scheduled events, many of which overshadowed by COVID-19. During the Christmas weekend, accidents should be prevented by staying alert and knowing what kinds of accident situations exist other than car accidents. In Miami, the Perazzo Law Firm knows that accidents in shops, bars, and other public places can happen at any time. Read below for advice on what to do to avoid slip and fall accidents and what to do if you, a friend, or relative falls victim to negligence on behalf of business operators in Miami.
PERSONAL INJURY AND ACCIDENT CLAIMS
Festive occasions that lure crowds from several walks of life can sometimes lead to various sorts of incidents that can result in Personal Injury, either through negligence, wrong-doing, or acts of nature. It’s a known and proven fact that when festivities combine with alcohol consumption, the result can be an accident, especially when behind the wheel of a motor-vehicle. Many times, Miami Beach visitors may suffer a Slip and Fall Accident, which can be just as common as car accidents because they are not limited to roadways. Slip and fall injuries can occur anywhere and if you have had an unexpected Slip and Fall incident, the owner or operator of the establishment or business where the accident occurred may have been negligent. It is the duty of the owner/operator to make the premises safe for their patrons. The causes of personal injury accidents are likely to be from cracked floors or tiles, excess water or oil leaks, etc. If you have experienced a slip and fell, we recommend that you be sure to document the condition of the floor or location where the accident took place. For example, was the carpet frayed or were there warning cones to mark a slippery floor. Premises Liability and Personal Injury must be addressed by both medical and legal professionals.
Miami Beach Visitors Can Suffer Bodily Injury in Any of these Places:
- Amusements Parks
- Parking Lots
- Shopping Malls
Perazzo Law Provides Best Advice Following Premises Liability Related Injuries in Miami
First and foremost, injured parties should consult our professional Miami personal injury law firm to conduct a quick and detailed investigation of the claims which should include:
- A quick and detailed inspection of the accident scene by qualified engineers or safety specialists.
- Promptly get eyewitness testimony to serve as proof when litigation begins.
- Promptly gather photographs or video footage of the accident scene and any dangerous surroundings.
In order for Premises Liability claims to be valid and worthy of compensation for injury, property damage or loss, there must be proof that the property owner was aware of his/her negligence in making sure the premises were hazard-free to individuals that enter or spend time on the said premises.
If you, a family member, or loved one has suffered personal injury while frequenting a public or private establishment, the Premises Liability attorneys at the Perazzo Law Firm urge you to set up a FREE initial consultation. Contact our North Miami Beach and Miami offices Online or call (786) LAWS-411.
Insight into Premises Liability
Premises Liability protects shoppers and business patrons against situations which may cause personal injury to them or anyone else. Commercial establishments and private residences must be safe for those that enter these premises, thus any injuries incurred by individuals may hold grounds for a premises liability accident claim. In a most recent premises liability situation, a shopper was hurt as he was walking out the double doors which closed automatically through the use of a hydraulic system. In this case, the hydraulic system was not properly adjusted and the doors closed with more force than needed and without giving the shopper enough time to exit the store. Thus, as the shopper was walking out, the door shut forcefully and caught the shoppers ankle. The incident led to the shopper suffering personal injury as the edges of the doors, combined with their force and weight, caused cuts and bruises. This case has the grounds for a premises liability claim as the doors were not properly adjusted, which in turn is a form of negligence. The shopper’s wounds and the time it took for him to seek proper medical attention has a price, whether because the accident victim had to spend money on medical treatment or suffer lost wages due to not being able to go to work. If something like this happens to an elderly person or small child, the injuries sustained could be much more serious. Perazzo Law reminds accident victims that any permanent injuries sustained as a result of another’s negligence can legitimately file a compensation claim.
Kinds of Premises Liability Accident Claims and Situations:
- A person falls inside a restaurant because there was something slippery on the floor.
- A person falls down the steps because the handrail was loose.
- A escalator causes someone to fall after it comes to a sudden stop.
- An elevator plunges to the ground because of negligent service and repair.
- A bartender serves a customer too much alcohol and then allows the customer to drive-off. The drunk customer crashes shortly after driving away.
- A poorly maintained electrical device causes an individual to be electrocuted.
- An overhanging object falls on someone’s head and causes injury.
- Someone drowns in a hotel swimming pool.
- There was no security personnel present to deter a crime.
- No warnings signs were clearly posted to prevent an accident.
The Perazzo Law Firm has vast experience fighting for client’s rights after suffering personal injury on public or private premises. We provide our clients with full-service representation and handle every aspect of the Premises Liability claim. Our professional personal injury staff is ready and committed to helping our personal injury clients focus on recovering from their personal injuries while we focus all possible resources on handling the full scope of the legal matters that a Premises Liability case entails.
Slip and Fall Accidents can be just as common as car accidents because they are not limited to roadways. Slip and fall injuries can occur anywhere and if you have had an unexpected Slip and Fall incident, the owner or operator of the establishment or business where the accident occurred may have been negligent. It is the duty of the owner/operator to make the premises safe for their patrons. The causes of personal injury accidents are likely to be from cracked floors or tiles, excess water or oil leaks, etc. If you have experienced a slip and fell, we recommend that you be sure to document the condition of the floor or location where the accident took place. For example, was the carpet frayed or were there warning cones to mark a slippery floor. Premises Liability and Personal Injury must be addressed by both medical and legal professionals.
We urge accident victims to seek legal counsel if any of the following situations apply:
- I was hurt while buying something at a market or mall.
- I fell while walking through a dark parking lot. (Parking Lot Accidents)
- I tripped and was hurt when I fell at a restaurant.
- I was attacked outside a commercial establishment.
- I fell down the steps of an apartment building.
The Perazzo Law Firm considers it best to gather as much evidence as possible to help support your Premises Liability case. Here are some types of evidence the Perazzo Law Firm suggests you gather:
- Official Accident Reports
- Photographs or Video Footage
- Property Records or Lease Contracts
- Healthcare and Treatment Records
- Medical Bills Incurred
- Witness Testimonies
- Property Maintenance Records
If you or a loved-one has suffered personal injury due to the negligence of a property owner or operator, we urge you to Contact Perazzo Law ONLINE or call (786) LAWS-411 for your FREE initial consultation.
Atendemos a la Comunidad Hispana
CAR ACCIDENTS DURING CHRISTMAS
MIAMI LAWYERS HANDLING CHRISTMAS CAR ACCIDENTS
– Involved in a car accident in Miami during Christmas and need a lawyer?
– Crashed into while driving on a Miami highway?
– Suffered a collision on a highway off-ramp?
In Miami, the car accident lawyers at the Perazzo Law Firm understand roadway accidents on off and on ramps along Miami-Dade and Broward County highways and roadways.
Understanding accidents on off-ramps and on-ramps
The National Highway Traffic Safety Administration (NHTSA) estimates that roughly 9 % of all accidents involve vehicles making lane changes or merging into traffic. In Miami-Dade and Broward County, highway accidents occur regularly and most often include lane changes aimed at taking an off-ramp or hitting an on-ramp without regard for oncoming traffic or verifying if it is safe to maneuver to another lane without causing an accident. When a driver is found negligent for being distracted, intoxicated, or suffered a mechanical problem during the lane–change accident, that motorist may be held legally accountable for personal injuries and damages. It is the duty of the driver to make sure lane changes are safe and do not cause a collision (see Types of Car Accidents).
Some reasons for lane changes accidents
1- Sudden lane change – During Christmas, motorists may take to streets of highways to visit family and friends. Many of these motorists may be unfamiliar with the streets and roadways they have to navigate to reach their destination. When a driver is new to a route, sudden and unexpected lane changes may take place as an off-ramp exit may take them by surprise. Using a GPS service and driving at a proper speed helps to prevent sudden and unexpected lane changes that may cause an accident.
2 – Weaving to save time – Weaving in and out of moving traffic may result from need to reach a destination faster and save time or beat the clock. Lane hopping can be extremely dangerous as other drivers may attempt a sudden lane change and not see them coming through the rear-view mirrors.
3 – Failure to effectively use rearview mirrors – Many times, motorists will attempt a lane change without checking their mirrors to verify that it is safe to change lanes. Motorists are advised to make sure they are aware of the traffic always moving around them. Having a clear picture of the traffic flowing around them and approaching from behind, will lower their chances of causing a collision when making a lane change on a Miami highway. Set your mirrors so that you can see everything around you at all times, even get the blindspots into your range of vision.
4- Poor signaling – Failure to warn other motorists of a lane change can cause a distracted or speeding driver to crash into you or cause a collision with other vehicles. All lane changes must be signaled in advance and failure to properly warn of a lane change can result in a reckless or careless driving citation, which could relatively place you at fault for the accident.
Lane change accident injuries
Injuries from lane change accidents usually involve side impacts which may result in neck, shoulder, back, and hip injuries or broken wrists, arms, or legs. Rear side impacts can cause a car to spin out of control and result in frontal or rear impacts or even roll-over accidents. These types of injuries merit a professional medical evaluation and treatment and should never go unattended to as they can develop into cronic and painful conditions. After a lane change accident, victims should seek immediate medical care and keep all records and bills (see What happens after a car accident).
* Injured in a car accident during Christmas?
* Involved in an Uber / Lyft accident as a passenger?
* Hurt as a result of a negligent or drunk driver?
In Miami, the car accident lawyers at the Perazzo Law Firm are ready to best handle your case and determine a possible insurance claim for compensation to cover your injuries, damages, or losses from a car accident during Christmas.
Christmas car accidents are quite common and most often end in personal injury to drivers, passengers, and other third-party victims. In Miami, drivers may take to the wheel after a long night of festivities which may include alcohol, narcotics, or even drowsiness, all of which may lead to an accident on Christmas. The National Safety Council (NSC) estimates that some 340 individuals may be killed on U.S. roadways during the Christmas celebrations. For example, in Margate Broward County last year, two people died in a car crash that occurred on Christmas morning when the vehicle driver apparently lost control and crashed into a palm tree on Royal Palm Blvd west of the 441 motorway. According to family members, the vehicle was equipped with a nitro booster and investigators are trying to determine if excessive speed led to the vehicle being ripped apart. Four people perished in a car crash in Lake Placid when two vehicles collided in 2019 on State Road 70 at County Road 721 in Lake Placid, according to the FHP.
Speeding as a Cause of an Accident
Driving at high speeds is the number one cause of most serious and fatal accidents on Christmas and New Year’s. When coupled with alcohol or drugs, speeding will almost always result in a car accident as drunk or intoxicated drivers may easily lose control of their vehicles, especially when the use of cell phones while driving is tossed into the negligent driving mix. Car accidents at high speed may result from a sudden lane change or failure to notice stopped or slowed traffic ahead. Road obstacles or sudden curves may lead to bad braking maneuvers which cause vehicles travelling at high speeds to spin out of control or rollover. When a vehicle spins out of control it may cause other motorists to suffer vehicle damage or injuries. Rollover accidents almost always lead to serious bodily harm and even wrongful death. Airbag deployment is also an issue when violent impacts occur due to high-speed crashes. In Miami, roadways and avenues lend themselves to driving at high speeds, and during Christmas and New Year’s, these may include the use of alcohol or drugs behind the wheel. High speed accidents may also occur at intersections and may usually involve disregard for right of way or yielding to oncoming traffic. Reckless drivers that cause accidents and injuries to third-party victims will be cited, and drivers found to be legally under the influence, may be fined, jailed, and held on bail.
In the U.S., drunk driving fatalities (involving blood-alcohol content of 0.08 g/dL or higher) represents on average, 29% of all motor vehicle traffic deaths. During the Christmas Day holiday period of 2018, 37% of deaths involved a drunk driver. Driving drunk is quite common during Christmas and New Year’s and though not every intoxicated driver will crash, the chances of being involved in a car accident increase when driving under the influence.
The Importance of Seatbelts and Airbags
It is true and without a doubt that seat belts and air bags save lives. Research has proven that seat belts used to restrain drivers is 45% effective in avoiding life threatening injuries among front-seat occupants. It is also estimated that some 140 people may avoid death in an accident this Christmas Day holiday period due to the use of their seat belts. When it comes to air bags, todays modern vehicles come equipped with frontal and side airbags, all of which greatly increase the chances of surviving a severe impact at high speeds. However, though airbags are meant to lessen the impact, they do however, cause injury upon deployment. Some of the injuries cause by a deployed airbag may result in facial lacerations, bruises, burns, fractures, or breaks.
What to do after an accident on Christmas
If you, a friend, or relative were involved in a car accident on Christmas, the Miami accidents lawyers at the Perazzo Law Firm recommend that you visit an emergency healthcare facility for a medical evaluation of any injuries incurred or any pain, discomfort, or bruising resulting from a collision. Visiting a hospital or clinic will help verify any injuries and establish a record of a medical evaluation resulting from an accident on Christmas. In Miami, after an accident, the best personal injury lawyers know that medical records are especially important when presenting an insurance claim for compensation. The Perazzo Law Firm highly recommends that car accident victims that suffer injuries on Christmas, visit a healthcare facility to evaluate head, neck, or back injuries which may occur from even a mild rear or side impact. Sometimes, these car accident injuries may not manifest themselves immediately, that is why it is a good rule of thumb to seek immediate medical care or to follow with a family doctor in the event of pain or discomfort in the head, neck, or back (see common car accident injuries).
KEY STEPS FOLLOWING A CAR ACCIDENT AT CHRISTMAS
- Contact the police and report any injuries
- If possible, move to a safe place.
- If possible, take photographs of the accident scene, damage to vehicles, and any personal injuries.
- If needed, request to be taken to an emergency medical facility to treat any evident injuries.
- Request a copy of the police report.
- Keep all medical records.
- Contact the Perazzo Law Firm at (786) LAWS-411 for a FREE initial consultation
UBER – LYFT ACCIDENTS DURING CHRISTMAS
“Were you in an Uber accident in Miami and need a lawyer in Miami.” If this is the case, the Perazzo Law Firm helps Uber accident victims seek compensation through an insurance claim. In Miami, the Perazzo Law Firm’s highly dedicated staff treats their Uber accident clients like family and fights to obtain righteous compensation through an insurance claim against Uber’s insurance provider. Uber and Lyft will be terribly busy this Christmas season providing their rideshare services to millions of Miami-Dade and Broward residents and visitors. Though relatively safe, Uber and Lyft share the streets and motorways with other vehicle operator such as: truck drivers, motorcycle riders, scooter riders, and more. When this happens, the chances of being in an Uber or Lyft accident exists, especially with what festivities involved with regards to food and alcohol.
INJURED IN AN ACCIDENT IN MIAMI, CONTACT THE PERAZZO LAW FIRM – SERVING MIAMI-DADE, BROWARD, AND ORANGE COUNTY