As parents, we do our best to protect our children from harm. As part of regular every day life, children are transported to and from school, sport practices, and other activities. It is common to see children in vehicles before and after school as well during the school day while attending field trips and other school related activities. Unfortunately, there are far too many drivers on the road who fail to pay attention to traffic, road conditions, weather, and, yes, the presence of children in passenger vehicles, school buses, day care center vans, and other vehicles.
When a child is injured as a result of the negligence of another driver, the parents on behalf of the child can pursue a personal injury claim or case. Certainly, as a passenger, there can be no fault attributed to the child passenger; however, it should be noted that only children under the age of 6 years old are immune from being blamed in part or whole for his or her actions. As such, let’s say a 12 year old is a passenger in a vehicle but fails to wear a seatbelt. The 12 year old may be blamed in part for the personal injuries if it can be established that there was an operational seatbelt and that the use of a seatbelt would have prevented the injuries in the entirety. If the seatbelt would have lessened the injuries, then a case or claim can still be pursued. In most instances, a child is wearing a seatbelt and this particular issue is avoided due to the child’s reasonable actions in wearing a seatbelt.
Moving beyond potential seatbelt issues, it is important that the injured child receive immediate care through an emergency room, urgent care center, clinic, or pediatrician’s office. From there, if the child is still experiencing pain and / or other medical complications, follow up care should be sought and obtained on behalf of the injured child. Handling a personal injury case or claim is not an easy task or endeavor. This is especially true when the parent is dealing with the challenges or issues on his or her own without the benefit of legal advice or legal representation. As such, when a child is injured, it is important to consult with a Child Injury Lawyer who can provide the necessary guidance, direction, and, yes, legal representation when the injuries warrant the involvement of an attorney.
In Florida and other States, day care centers should essentially be safe havens for children. Hard working parents deserve the comfort and peace of mind knowing that a child is safe and protected in a day care center. Unfortunately, far too many children are injured in the very places (day care centers / child care centers) where the children should be otherwise in a safe learning environment. In the aftermath of a child injury at a Florida day care center, a parent is faced with many questions, challenges, and stresses. It is at this time that a Florid Child Injury Lawyer can provide some help, guidance, advice, and, when necessary, legal representation. David Wolf has over 26 years of experience. From this first day on the job as an attorney to the present day, he has spent the duration of his entire legal career to the protection and enforcement of the legal rights of children. He is the author of a number of books including the book titled – Florida Day Care Center Injuries – Legal Rights of the Injured Child – Building Blocks of Knowledge for Parents. This book has chapters on Indoor Facilities, Outdoor Facilities, Playgrounds, Staffing, Emergency Procedures, Incident Reports, and other topics. You can get this book for free at Florida Day Care Center Injuries.
When evaluating a potential day care center case, there are four elements to establish:
1 – Duty;
In Florida and other states, headlines are made when there is an automobile accident involving serious personal injuries or the death of a driver or passenger. This is especially true when children and reengages are the unfortunate victims in a Florida Automobile Accident Crash. The death of a teenager can have a ripple effect throughout the community. In many instances, a school crisis team is put in place to provide some guidance and counseling to the other students at the school where the victim attended. Certainly, the biggest loss is upon the parents. It is unnatural in the scheme of things for a parent to suffer the loss of a child especially after putting in some many years of work and love to raise the child from an infant to a young adult. When a teenager dies, so much of the promise that was there just disappears in a moment of time. It is the moment of time in which another driver was speeding or otherwise not paying attention. This momentarily lapse in good judgment and safe driving can and does often lead to serious personal injuries and the deaths of innocent drivers, passengers, pedestrians, and bicyclists.
Just recently, an 18 year old died in an automobile accident which took place in St. Johns County – St. Augustine, Florida near the World Golf Village area. It was reported by a number of media outlets that Griffin Moody, who had just graduated from Allen D. Nease High School in June 2016 died as a result of this 2 vehicle crash. The crash occurred on Murabella Parkway according to the Florida Highway Patrol. Griffin Moody was a passenger in a 2005 Ford Focus that was being driven by another teenager. It was also reported that five other people suffered personal injuries in this crash.
Florida has statutes in place that set forth the rules of the road. Generally, drivers should obey the posted speed limits and yield the right of way to drivers on the roadway. A left hand turning vehicle should yield the right of way to oncoming traffic. All drivers should maintain control of the respective vehicles and otherwise remain attentive to traffic conditions, road conditions, and weather conditions. Each driver has a duty to avoid a crash when he or she has the ability to do so. It should be noted that each Florida Automobile Accident should be evaluated based on its own facts and merits. When a persona dies as result of a Florida traffic crash, the local law enforcement department and / or Florida Highway Patrol will investigate and issue a Florida Homicide Traffic Report upon completion of the investigation. It should noted that the results or conclusions of such a report are not binding per se on insurance companies or any further potential civil cases.
In day care centers throughout Florida including Miami, the children enrolled in the child care facility should be provided with safe and nurturing environment. It is important for child care providers and workers to have proper training, common sense, and, yes, patience to work with children. If working with children causing a person stress to the point that a child is hit and struck by a day care center work, that particular worker should be removed from the job, go to jail, and ultimately find a new career. Working with children is no easy task; however, employment in a child care facility or day care center is a voluntary choice by a day care worker. As such, no-one is forcing the day care worker to take the position. Unfortunately, far too many instances of abuse and neglect go unnoticed and unreported. Parents are kept in the dark and the children in the day care center are often victims without a voice and without the power to stop their abusers. However, in many other instances, the day care center worker is caught in the act by another co-worker, management, parents, or other children who take that bold step to report the incident and have the conduct addressed. It is clear that day care center workers should use their efforts and abilities to act in the best interest of the children. It is well known that the care and supervision of a children are not easy tasks; nevertheless, in Florida day care centers, corporal punishment is prohibited. There is no excuse or defense to the hitting, torturing, and harming of a child enrolled in a day care center by a the very people responsible for caring for the child.
It was reported by various media outlets that a day care center through a private charter school in Miami Beach was the site of the corporal punishment / abuse of children under the care of the child care center. In particular, a video surveillance camera revealed that a child care worker documented the hitting, twisting of arms, and other abuse of children who were in the 2 to 3 year old age group. When the abuse originally came to light, no immediate arrests were made. Then, after a week or so of further investigation by social service and local law enforcement, the day care center worker – Clara Luz Quintero-Gonzalez – was arrested. For more information regarding these incidents, see Miami, Florida Day Care Center Worker Arrested for Hitting Children Under her Care at the Lincoln Marti Day Care Center.
It should be noted that the criminal prosecution of a day care center worker is not a prerequisite or requirement for a parent to bring a civil action or claim on behalf of a child who was injured or harmed by a day care center provider. Certainly, it is quite compelling when a day care center worker is arrested following an allegation of abuse or neglect. Furthermore, having video surveillance that actually documents the alleged abuse or neglect can be used as evidence in the potential criminal case or civil case of abuse / neglect in a day care center. If there is believed to probable cause that a crime was committed, an arrest can and should be made. The further prosecution of the defendant will depend on the evidence gathered and potential defenses (if any) that may be raised in response to the allegations. The criminal allegations must be proved beyond a reasonable doubt. For a civil case, the standard of proof is by the preponderance of the evidence with is lesser standard than for a criminal case.