February 8, 2010

What Supervision Is Required at Florida Public Swimming Pools?

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Florida has great weather. Many municipalities, cities, and counties have swimming pools in place for residents and visitors. Public swimming pools are a common fixture in cities and towns across Florida. A good questions was recently posted to me as follows:

Are Lifeguards required at Florida public swimming pools?

Pursuant to Rule 64E-9.008 - Supervision and Safety, "all owners, managers, lifeguards, or swimming instructors in charge of, or working at, public swimming pools shall be responsible for the supervision and safety of the pool." The rule also states that "lifeguards or swimming instructors, if provided, shall be in full charge of persons using the pool and shall have authority to enforce all rules."

The language of this rule leaves some wiggle room by using the phrase "if any". The most logical interpretation of the rule points to a requirement that the pool be staffed with lifeguards. The Department of Health issues these rules and regulations. If there is a problem with a public pool and its safety measures, parents and caregivers should discuss this matter with the pool manager and / or the Department of Health. If there is a child injury resulting from the lack of supervision or negligent supervision at a public swimming pool or even private swimming pool, contact a Florida Child Injury Lawyer for consultation, advice, and legal representation.

For pools that are exempt from supervision or regulation in Florida, see Florida Statutes, Section 514.0115 - Exemptions from Supervision - Regulation - Variances.

Posted by David A. Wolf | | Email This Post

Posted In: Statutory References (Florida) , Swimming Pool & Aquatic Injuries

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February 6, 2010

Alachua County Man (Keith Edward Olmeda) Sentenced to 150 Years in Federal Prison

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An Alachua County man (Keith Edward Olmeda) was recently sentenced to 150 years in federal prison for sexually abusing his former girlfriend's children and for videotaping these heinous acts. This acts of Olmeda are very disturbing and make this case or sentence ripe for the act of locking him up and throwing away the jail key. Olmeda is a sexual predator who is an absolute danger to society and children. Children should be protected, nurtured and educated by parents and other adults. Making them the subject of sex acts and videotapes is cruel punishment by a the acts of a selfish and sociopathic person.

You can read more about this story at Alachua Man Gets 150 Federal Prison Sentence.

Posted by David A. Wolf | | Email This Post

Posted In: Abuse & Neglect , Sexual Offenders / Predators , Violent Crimes

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February 5, 2010

Woman (Valeria Maxon) Treated for Mental Disorders in Florida Clinics Kills Child; Husband Found Guilty of Second Degree Murder

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Valeria Maxon and her husband lived in Mansfield, Texas, with their son, Alex. In 2006, Alex’s doctor told the Maxons that the child was developmentally disabled. The couple took the child to a Florida child therapy center.

It was at this time that Ms. Maxon started showing signs of mental illness, saying that Alex was dying and it was her fault because she was a bad mother. She was hospitalized for several days in Florida until her husband released her to return to Texas. After returning home, she became more delusional, saying that she was possessed by Satan and that their son was the Antichrist.

Both Ms. Maxon’s sister and one of her psychiatric doctors warned Maxon not to leave Alex alone with his mother. But in 2008 he left the house for an hour and half; when he returned home his wife informed him that she had drowned Alex in the hot tub. Ms. Maxon was arrested and charged with capital murder. She was found not guilty by reason of insanity, and was sent to a maximum security mental hospital.

That same week, Maxon was charged with abandoning his son and placing him in imminent danger of death or injury. Prosecutors argued that a reasonable person would not have left the baby with his mother when she was so clearly mentally ill. Jurors deliberated just over a half an hour before returning a guilty verdict. The maximum sentence for second degree murder in Texas is twenty years in prison.

Read more about this sad case at Mansfield father found guilty in wife's drowning death of baby.

Posted by David A. Wolf | | Email This Post

Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Family Law , Swimming Pool & Aquatic Injuries

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February 4, 2010

Florida Governor Charlie Crist to Announce Nationwide Concussion Initiative at Super Bowl

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A national movement that aims to legislate how doctors, young athletes and coaches deal with concussion injuries is gaining momentum. At this year’s Super Bowl, taking place in Miami, Florida, Governor Charlie Crist will be announcing plans for a national initiative that would encourage all fifty states to adopt concussion legislation modeled after the Zackery Lystedt Law in Washington State. In 2006, Lystedt suffered a debilitating brain injury at the age of thirteen as a result of being allowed to return to the field too quickly after suffering a sports-related concussion.

The Washington law requires that athletes, parents and coaches receive education about the dangers of concussions, that children be removed from the game if they are suspected of having a concussion, and that children must be cleared by a medical doctor before returning to the sport. Oregon, California and Pennsylvania have adopted similar laws.

While no such law has been introduced in the Florida legislature, Crist’s planned comments at the Super Bowl would indicate that one may be soon. Currently the Florida High School Athletic Association advises trainers to follow the guidelines set forth in the sports medicine handbook of the National Federation of State High School Associations. Find out more about the proposed nationwide effort to protect youth athletes from brain injuries at Congressional forum to tackle concussion issue in NCAA, high schools.

Posted by David A. Wolf | | Email This Post

Posted In: Child Safety , Education , Education Law , Medical Care & Health Issues , Playground & Recreation Injuries , School Safety , Slip & Fall Injuries , Sport Related Injuries , Statutory References (Florida)

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February 3, 2010

Jacksonville, Florida – ER Doctor, Dr. Robert Davis Williams, Arrested on Child Pornography Charges

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Dr. Robert Davis Williams, an emergency room doctor, was arrested at his home recently by Jacksonville, Florida Sheriff’s office deputies. Williams, who earned his medical degree at the University of Florida, and completed his residency at Shands, Jacksonville, has been charged with possession of child pornography.

Reportedly, a woman living with Williams came across a video portraying child pornography and notified police. She told police investigators that she then looked further and found thousands of DVDs which could be classified as child pornography. Police have seized Williams’ computer and computer storage media along with several hundred VHS tapes and DVDs.

Williams is licensed to practice medicine in Florida, Georgia, South Carolina and Alabama, and was working as a travelling emergency physician with Team Health until he was fired on the same day that he was arrested. If he is convicted he could face up to five years in prison.

Read more about the arrest of a Jacksonville doctor at Hundreds of Discs, Tapes Taken from Jacksonville Doctor Facing Child Porn Charges.

If your child has been the victim of sexual abuse or the subject of exploitation or harm, contact a Florida Child Injury Lawyer for consultation as to your child's civil rights as they pertain to damages for medical bills, counseling, and related pain and suffering.

Posted by David A. Wolf | | Email This Post

Posted In: Abuse & Neglect , Crimes Against Children , Sexual Offenders / Predators

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February 2, 2010

Port St. John, Florida – Woman, Sarah R. Petty, Charged With Child Neglect for Leaving Two Toddlers Alone for Hours

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A Port St. John, Florida woman called the Brevard County, Florida Sheriff’s Office before noon on a recent Saturday morning, after finding an eighteen month old child in a diaper at her front door. According to Deputy Andre Walters, the woman was familiar with the child’s family, and directed police to the home of Sarah R. Petty, where they found a three year old at home alone.

Witnesses said that they had last seen Ms. Petty leaving her home at 8:00 p.m. the previous evening. After a few hours of searching, deputies located Ms. Petty at a friend’s home a few blocks away. According to officers, Ms. Petty was drunk when they found her.

Ms. Petty has been charged with child neglect and has been taken to the Brevard County jail. The two children are now with their father, who was out of town at the time of the incident, and the Florida Department of Children and Families has been notified about the situation. The Sheriff’s investigation into the matter is still ongoing.

Children need to be closely supervised at all times. Leaving two young children alone to go out drinking is a crime, and Ms. Petty will have her day in court to answer to these serious charges. Find out more details of this story at Tots found unattended; mother charged, jailed.

If your child has been injured due to someone else’s negligence, a Florida Child Injury Lawyer can provide guidance, counsel, and when supported by both the law and the facts representation to pursue damages for medical bills (past and future) and related pain and suffering.

Posted by David A. Wolf | | Email This Post

Posted In: Abuse & Neglect , Alcohol & Drug Issues , Child Safety , Crimes Against Children , Missing Children

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February 1, 2010

Wellington, Florida – Child, Brielle Garrison, Born Without Eyes

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Fifteen year old Taylor Garrison recently gave birth to a daughter, Brielle Garrison, in Wellington, Florida. The child suffers from a very rare condition, called Anophthalmia, which results in a lack of ocular tissue.

The doctor on the case, Dr. Lee Friedman, of the Microsurgical Institute, reported that the last time he saw a case of Anophthalmia was twenty two years ago. He further stated that the disorder is not hereditary, but rather is caused by a sporadic mutation. The disorder occurs in one out of every one hundred thousand births, and its cause is unknown.

The Garrison family will now have to consult with a large number of doctors, surgeons and specialists who will try to ensure that the disease does not cause the baby’s face to be deformed as she grows. The family and doctors hope that more families of children suffering from the rare disorder will come forward so that more medical attention will be focused on the matter.

The young mother has vowed to treat Brielle just like any other child. You can read more about this unusual disorder and the Florida family who is dealing with it at A Rare Condition Causes Baby in Florida To Be Born Without Eyes.

Posted by David A. Wolf | | Email This Post

Posted In: Medical Care & Health Issues , Special Needs Children

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January 31, 2010

University of Central Florida - Arrest Made Regarding Alleged False Imprisonment and Battery on Delta Delta Delta Sorority Member (Maria Mishler)

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In Orlando - University of Central Florida and other college towns around Florida and the United States, students often take on jobs in order to help pay college expenses and bills. It can be quite difficult juggling studies, extracurricular activities, and work. In Orlando, one such student (Maria Mishler) reported that she was falsely imprisoned by the manager of the Fubar - a popular sports bar frequented by University of Central Florida students and others. According to a story posted in the Orlando Sentinel, the manager - Matthew Merdian - had been drinking and was making sexual advances towards Maria. The alleged incident took place in an office that had been locked by Merdian who "forced her to straddle a chair by placing his hands on her shoulders." Fortunately, Maria was able to get away but was certainly fearful of her safety during this incident

Merdian denies the allegations but had no comment following his arrest. Of course, Merdian will be entitled to defend himself against the allegations. The investigation ir or discovery in this matter may reveal witnesses with knowledge of the incident and statements. It is also possible that criminal investigations of this nature will yield videotape evidence that may help support the prosecution. Then again, videotape evidence, if it exist, may end up assisting the defense of this matter.

Regardless of the outcome of this criminal case, it is important for all college students to be careful anytime that there is drinking or crowds around. Alcohol affects motor skills and inhibitions. Keep in mind that getting drunk is not a good excuse for bad or criminal actions. You can read more about this story at Fubar Manager Accused of Attacking University of Central Florida Sorority Member.

Posted by David A. Wolf | | Email This Post

Posted In: Alcohol & Drug Issues , Child Safety , Crimes Against Children

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January 30, 2010

Bryan Lebron, Jr. (Age 11) and Mitchell Bowers (Age 12) Die in Unrelated Bicycle Accidents

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In Florida and the rest of the nation, bicycle accidents, injuries, and deaths involving children continue to take place and are frequently reported. In Tampa, Bryan Lebron, Jr. (age 11) was hit as he was trying to cross a busy street while riding with his father and another sibling. In an unrelated bicycle accident, Mitchell Bowers (age 12) dies after reportedly turning left from a bicycle lane in front of a car.

Both of these incidents will be fully investigated by the Tampa Police Department, the Hillsborough Sheriff's Office, and / or Florida Highway Patrol. The information obtained from witnesses and these reports will certainly help provide answers as to how the accidents took place and if the accidents were avoidable or due to negligence.

In Florida, an independent investigation can also be conducted by any party to the incident to determine the facts or causes of a certain accident. It is often times helpful to have a trained investigator and a Florida Child Injury Lawyer assist with the investigation. Florida is a comparative fault state. In other words, there can be shared or apportioned fault for an accident in a civil case.

The deaths of these young children show the importance of bicycle safety as well as the dangers of bicycle riding on or near Florida roads. See 2 Boys Die in Separate Bike Accidents - Florida Times Union.

Posted by David A. Wolf | | Email This Post

Posted In: Bicycle Injuries

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January 29, 2010

Wesley Chapel, Florida – Infant Scalded by Hot Bath Water as Mother Attempts to Wash Spider Down Drain

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A twenty seven year old mother accidentally scalded her five month old son with hot bath water. Apparently, the woman was drawing a bath for the child when she saw a spider in the bathtub; when she attempted to wash the spider down the drain, it jumped out of the tub and onto the child’s arm. She then tried to rinse the spider off of the child by putting the child directly under the running water, not realizing that the water was too hot. The child was brought to the local fire station, where he was found to have second degree burns on his body.

Investigators have determined that the incident was an accident. Other family members at the home told investigators that they were not aware that the hot water heater was set so high. A Pasco County, Florida sheriff’s deputy watched the child’s grandfather turn the heat down. The child has been released from the hospital and is recovering at home with his family.

This unfortunate accident drives home the point that parents need to be vigilant to protect their children at all times. Read more about this unfortunate accident at Mother Trying To Kill Spider Scalds Baby.

If a child has been injured by someone else’s negligence, a Florida Child Injury Lawyer can advise you as to your child's legal rights and the laws pertaining to damages / compensation for these injuries.

Posted by David A. Wolf | | Email This Post

Posted In: Burn and Fire Injuries , Child Safety , Fire and Burn Injuries , Homeowner's Insurance / Injuries at a Home , Medical Care & Health Issues

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January 28, 2010

Miramar, Florida – Mother (Tonuya Rainey) Pleads Guilty to Causing Daughter’s Abortion, Sentenced to House Arrest

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Tonuya Rainey, of Miramar Florida is a mother to eight children. Reportedly, when her sixteen year old daughter became pregnant, Ms. Rainey did not want her to have the child, fearing that it would cause her daughter to miss out on a lot of things. Since she did not have the money to pay for an abortion for her daughter, Ms. Rainey gave the twenty four week pregnant woman pills to induce labor. Ms. Rainey’s daughter claims that the child was born alive, Ms. Rainey claims that the child was stillborn. They both admit that Ms. Rainey then discarded the body in the trash.

Ms. Rainey pleaded guilty to seven charges, including child abuse, termination of a pregnancy and practicing medicine without a license. Her attorney asked the judge for leniency, saying that Ms. Rainey took these actions out of a misguided attempt to provide her daughter with a better life. The Judge sentenced Ms. Rainey to two years of house arrest and five years of probation.

Read more details of this story at Tonuya Rainey Avoids Jail After Forcing Daughter to Have Abortion; Dumped Boy in Trash.

Posted by David A. Wolf | | Email This Post

Posted In: Crimes Against Children , Medical Care & Health Issues , Medical Malpractice , Violent Crimes , Wrongful Death

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January 27, 2010

Tampa, Florida – Nine Year Old Boy (Joseph Vanhouse) Suffers Skull Fracture after Car Slams into House

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On Saturday, nine year old Joseph Vanhouse spent the day with friends at the Gasparilla kid’s parade and then joined six other kids for a sleepover at a friend’s home. Sometime in the early hours of Sunday morning, an SUV driven by a teenager crashed through the side of the home where the children were sleeping. The SUV struck a car parked in the driveway before hitting the house, launching the other car into the side of the home as well.

Joseph Vanhouse was sleeping on the couch in the living room when it was struck by one of the vehicles, and the child was sent flying about fifteen feet onto a tile floor. He was taken to St. Joseph’s Hospital and is being treated for a fractured skull. According to the homeowner, Ray Dunnings, the SUV crashed all the way through the home, taking out a back wall. Dunnings reported that a young girl had been sleeping in a chair that was directly in the path of the SUV, but had moved sometime before the accident occurred.

The driver of the car was a seventeen year old boy, who according to police was speeding and ran a stop sign. Police also report that there were two other teenage passengers in the car who attempted to flee the scene. Police also have reason to suspect that the teenagers were under the influence of a controlled substance. Police are waiting for toxicology reports to come back before filing any criminal charges against the driver. Read more details of the accident that injured a nine year old Florida boy at 9-year-old's skull fractured after SUV slams into home.

If you live in Florida and your child has been injured in an accident, please contact our Jacksonville, Florida area law firm for child injury legal counsel.

Posted by David A. Wolf | | Email This Post

Posted In: Alcohol & Drug Issues , Automobile Accidents , Child Safety , Medical Care & Health Issues , Traffic Citations

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