Florida Child Injury Lawyer Blog

In Florida, children are the unfortunate victims of automobile accidents. When a child is injured in an automobile accident, a parent often times has questions, challenges, and issues as to medical treatment, medical bills, pain and suffering, loss wages and other issues. When faced with these issues, a Florida Personal Injury Attorney / Florida Child Injury Attorney can represent the interests of the injured child and the parents. See Florida Automobile Accident Lawyer.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Automobile Accidents, Automobile Insurance, Damages Compensation, Medical Treatment, and other issues that arise when a child is an unfortunate victim of a Florida automobile accident case. Get this book for free at The ABCs of Child Injury.

If a child is injured as a result of an automobile accident, it is vital that a parent seek medical treatment for the child. This may include treatment through the Emergency Room, an Urgent Care Center, Pediatrician, Orthopedist, Neurologist, and other medical professionals. A Florida personal injury attorney typically is knowledgeable as to the availability of medical care for an injured child when there is an automobile accident. Not all doctors treat automobile accident victims and it is helpful to know which ones accept the automobile insurance otherwise known as Personal Injury Protection (PIP) and which ones do not. There are many insurance issues that can arise with treatment and compensation. The handling of the insurance claim can be done by the Florida personal injury attorney.

First and foremost, it is important that the child receive medical care and attention. If the injuries are serious, immediate transport will be required to a local hospital. After discharge from the hospital, it is important that the child receive follow-up care by specialist for the accident related personal injuries. After the child receives the necessary initial necessary medical treatment, a parent is often faced with the issue of payment of bills. In Florida, automobile insurance policies and coverages can be quite confusing. Florida has a set of "No-Fault" laws in place which govern the upfront payment of medical bills. In most cases, the medical bills of the child are covered under the parents automobile insurance policy even if the parents were not responsible or were not at fault for the accident. Your child may be able to recover damages for personal injuries from his or her parents' automobile insurance policy, the owner of the vehicle's policy, the at-fault driver's policy, and / or the owner of the at fault vehicle. The insurance and automobile accident laws can be quite confusing. Because many automobile insurance policies may apply and the laws can be confusing and complicated, it is often times helpful to have the advice, representation, and benefit of a Florida child injury lawyer to guide a parent through the process of an insurance or legal claim.

In Old Town, Florida, a tragic automobile accident was recently reported. Three-month-old Jacob Patterson suffered personal injuries in Old Town Florida automobile accident. The Gainesville Sun reported that Jacob Patterson was a passenger in a parked vehicle that was hit or sideswiped by another vehicle driven by relatives of Jacob. The incident took place on Smith Road near Old Town. As a result of the impact of the vehicle , Jacob was ejected from the vehicle and suffered serious personal injuries. No parent or family member can ever be prepared for the aftermath of an accident or the injuries like the ones suffered by Jacob Patterson. If you have a child who has been injured as a result of the negligence or fault of another person, contact a Florida child injury lawyer for advice, consultation, and legal representation.

In Florida, pedestrians are unfortunately injured while crossing the streets. Some of these Florida pedestrian accidents take place in or near a crosswalk. Other tragic injuries and pedestrian accidents take place when a pedestrian is not using a crosswalk. While a pedestrian should use a crosswalk when accessible, the failure of a pedestrian to use a crosswalk does not mean that legal rights are necessarily waived. Furthermore, a pedestrian, who is injured as a result of the negligence of a driver, can pursue a civil case or claim for damages and compensation even if the pedestrian is hit by a vehicle while the pedestrian fails to use a crosswalk.

When a pedestrian is injured in Florida, it is often times helpful to hire the services of a Florida personal injury lawyer to assist with issues involving insurance, compensation, damages, medical bills, medical treatment, and other matters. A Florida pedestrian personal injury lawyer can also assist the injury victim and family as to the investigation as to the cause, preventability, and fault for the automobile accident / pedestrian accident.

Florida has comparative fault laws in place. In other words, an injury victim can be partially at fault and still be able to collect compensation against a negligent driver for injuries caused by a Florida pedestrian accident. Even if a pedestrian could have or should have used a crosswalk, this does not excuse a driver from an accident caused by negligent driving. Drivers should yield to pedestrians and bicyclists when possible and practical. Just because a crosswalk is not being used does not mean that a driver can speed and / or ignore the presence of a pedestrian or bicyclist in or near the roadway or highway. See also Florida Traffic Laws and Regulations - Frequently Asked Questions.

In Miami, Florida, a tragic pedestrian accident was recently reported.It was reported by the Gainesville Sun and other news outlets that a young boy was killed as he was crossing the street with his family. See P Pedestrians Hit by Car in Miami Florida. The family had been shopping at a local shopping center prior to the pedestrian accident. Since a death resulted from this accident, a full accident investigation will be conducted. It was reported that the family was not using a crosswalk at the time of this incident.

The above case and others still can be pursued by a Florida personal injury attorney. Each case must be evaluated on its own merits and the attorney will consider a number of factors in advising the injury victim and family on a Florida pedestrian accident case.

In Florida, some may think that it is very safe for a child to be transported in the typical yellow school bus. However, many people do not realize the seat belt regulations or the lack of seat belt regulations that have been in place for many years in the State of Florida and other States. Would a seat belt make travel on a school bus safer? Should seat belts be limited to lap belts? Should a seat belt be comprised of both a lap belt and shoulder harness? These are all excellent questions on the issue of school bus and seat belt safety.

Unfortunately, children are the unfortunate victims of accidents involving school buses and automobiles. If a child is injured as a result of a Florida school bus accident, it is often times helpful to consult with a Florida child injury attorney to find out the child's legal rights and the availability of insurance and other forms of compensation for the injured child.

Lap belts are now required on newer school buses. That leaves open the provision of safety belts on older school buses. Furthermore, shoulder harnesses are not currently mandated on either older school buses or newer school buses in Florida.

The National Highway Traffic Safety Administration now requires shoulder harness seat belts on smaller school buses. As to the larger school buses commonly seen in most Florida cities and communities, the NHTSA has left it to the individual States to make the decision as to the provision or requirement of shoulder harnesses and lap belts as part of the safety belt / seat belt for children.

If you have a child attending school and riding a bus, you should find out the following:

What bus will my child be transported on?

What is the size and type of the bus?

What type of seat belts are provided on the bus?

What does State law require as to seat belts on this type and year of bus?

What does Federal law require as to seat belts on this type and year of bus?

What do the local school board rules and regulations provide or require as to transportation and safety during transportation?

Children, who are riding on a school bus, suffer personal injuries when there is a crash that results from the school bus driver's negligence or the negligence of another driver. It is important that all drivers including school bus drivers do their best to avoid driver distraction and obey all applicable Florida traffic rules and regulations. See Florida Traffic Rules and Regulations - Frequently Asked Questions.

See also Manatee County School Bus Accident for a discussion on the Florida and National seat belt rules and regulations.

In Florida, parents should do their homework before selecting a day care center for their child. Furthermore, once the child is enrolled in the day care center, parents should continue to monitor the day care center, visit the day care center, and ask frequent questions about the facility and the child's care and supervision. Here are some factors to consider when selecting a day care center:

1. Location. A location should be selected that is convenient to the parent's work schedule or home. This should not be the only factor but a convenient location will allow a parent to visit the facility frequently and pick up the child in an expedited manner when there is an illness or an emergency.

2. Visit the Facility. Advertisements and websites typically put the day care center in the best light and use the most pleasant photos and descriptions regarding the day care center. It is best to visit the day care center to personally see the facility, meet the staff members, and see how the day care center supervises and educates the children enrolled in the facility.

3. Review the Policies and Procedures. While the presence or absence of policies and procedures should not be the only consideration, it makes sense to ask for a copy of the day care center's policies and procedures. Then, review the policies and procedures with the administrator or owner to find out how the policies and procedures are monitored and followed during a typical day in the facility for the children. Typically, there are or should be policies and procedures as to staff to child ratios, supervision, hygiene, napping, nutrition, playgrounds, and discipline.

4. Review Licensure and Inspection Documents. The State of Florida Department of Children and Families is the government agency that licenses and regulations day care centers and child care centers in the State of Florida. The facility should have the license and inspection documents at the facility. A review of the license and inspection reports can give a parent insight into the operation and compliance of the child care facility.

5. Speak to Other Parents. Speaking to other parents can also provide information about the day care center. Most parents with children enrolled in the facility will probably give a good review of the facility; nevertheless, getting the viewpoint of other parents should provide information as to the strengths and weaknesses of the day care facility / child care facility.

6. Internet Research and Books on Day Care Centers. Parents can obtain a good bit of information regarding the day care center and child care online. One excellent resource is the Florida Department of Children and Families Website at Child Youth and Families - About Child Care. See also Florida Day Care Centers - Frequently Asked Questions - Wood, Atter & Wolf - Child Injury Attorneys.

Is a Dog Owner Required to Have Dog Bite Coverage under a Florida Homeowner's Insurance Policy? The simple answer to this question is "No". The privilege or right of dog ownership in Florida is not contingent on securing dog bite insurance coverage. Liability insurance for a dog bite injury or attack is typically part of homeowner's insurance; however, there are many policies of insurance that do not include coverage for dog bite or dog attack injuries. Furthermore, many insurance policies have an exception for dog bite injuries or attacks. Many dog owners are living under the false assumption that their homeowner's insurance will cover any damages caused by their dogs attacking or biting another person or dog. It is only after a dog bite or dog attack takes place does the homeowner fully discover or realize that he or she does not have liability in place for dog bite injuries or attacks. All homeowners with dogs should carefully read their homeowner's insurance policies to make sure that there is adequate coverage in place in case of a dog bite injury or dog attack injury. In Florida, a dog owner is strictly liable for a dog bite or dog attack. In other words, there is no need to prove or show that the dog owner was negligent or at fault. While there are some limited exceptions to this Florida law, suffice it to state that a dog owner is generally liable for the damages and injuries caused by a dog bite or dog attack.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Dog Bite Injuries, Damages / Compensation, Medical Bills / Medical Treatment, and other topics. You can receive this book for free at The ABCs of Child Injury.

Many dog bite incidents and dog attack injuries can be avoided with proper control and supervision of a dog. See Florida Leash Laws - County by County. See also Florida Dangerous Dog Laws - County by County.

In Florida, a dog owner is liable for injuries caused by a dog bite or dog attack pursuant to Section 767.01, Florida Statutes. Under this law, a dog owner is strictly liable for injuries caused by the dog bite or dog attack. In other words, the injury victim is not required to proof fault, knowledge, or predisposition to attack by the dog in order to prevail on a legal claim or lawsuit. As noted in Knapp v. Ball, 175 So.2d 808 (Fla. 3rd D.C.A. 1965), there was not assumption of risk by a dog bite victim by her mere presence in the Defendant's house as a guest. The Third District Court of Appeal further noted that liability is based on a legal obligation rather than on negligence. Furthermore, scienter or knowledge of a dog's prior aggressiveness is not required for such a case.

In most cases, a dog owner is strictly liable for the actions of his or her dog that cause injury to a victim. There are some exceptions to this general rule. When a person is injured as a result of a dog bite attack, there are often times many issues or challenges faced by the dog bite victim including medical bills, medical treatment, insurance coverage, damages, pain and suffering, and other issues.

Florida and other States have unique laws in place for dog bite injuries and attacks. These cases are much different than other types of injury cases like automobile accidents, slip and falls, and other incidents.

Many dog bite attacks and injuries can be avoided with better precautions and supervision of the dog / animal. This includes dog training, fencing, and the use of a leash at all times that a dog is off of the property. For more information on Florida leash laws, see Florida Leash Laws - County by County. When a dog attacks or bites a person, animal control agencies and / or local government agencies can take action to declare that the dog is a dangerous dog. See Florida Dangerous Dog Laws - County by County.

In Florida, ATVs (All Terrain Vehicles) are popular with children, teens, and adults. Florida has good weather year round and many locations where a rider can take an ATV for fun and adventure. Unfortunately, many children and adults are injured every year while operating or riding on an All Terrain Vehicle (ATV).

In Levy County, Florida, two fatal ATV related accidents were reported. One involved a 12 year old girl - Cheyenne Ellis - from Trenton, Florida. She was operating a Yamaha Rhino ATV at the Gulf Hammock Hunt Club. A 5 year old boy - Brody Ellis from Cedar Key, Florida, was a passenger on the ATV. It was reported that Cheyenne lost control of the ATV, she was ejected, and then the ATV landed on her. Tragically, Cheyenne died as a result of the ATV related injuries. The boy suffered personal injuries as well. He was taken to Shands - University of Florida - and treated for his injuries.

In an unrelated ATV incident in Levy County as well, Lucas Benjamin Corbitt was operating a Yamaha ATV that hit an embankment and overturned the ATV. As a result of this ATV accident, Mr. Corbitt died. See Two Fatal Accidents Reported in Levy County, Florida.

While it is not realistic to prevent every single ATV accident or Automobile Accident, all operators, owners of ATVs, and parents should do their best to put in place limitations and safety precautions when ATVs are in place. It is helpful to have the operator trained in the use of the ATV. Helmets and other safety precautions should be required to operate the ATV. Only certain areas or courses should be used.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Automobile Accidents, Damages / Compensation, Medical Treatment / Medical Care, and other topics. When there is an injury involving an ATV (All Terrain Accident) with child injuries, there are often many issues and questions that a parent must deal with. The book will answer many of these questions. For a free copy of this book, see The ABCs of Child Injury.

In Florida, a school bus should be a safe haven for children being transported to and from school as well as sporting events and field trips. Unfortunately, many children are injured on Florida school buses. In Ocala, Florida, it was reported that a 13 year old girl
was attacked on a school bus by other students. Deputies from the Marion County Sheriff's Office was sent to the scene. The school bus driver drover the children to Marion Oaks Elementary School following the school bus fight / school bus altercation. It was reported that the 13 year old beating victim suffered a concussion, muscle spasms, and bruising as a result of the attack on the school bus. According to witness statements, the incident started when some shoes were thrown on the bus. As a result of this incident, seven students were arrested. See Seven Children Arrested Following School Bus Fight - Marion County, Florida.

When a child is injured at school or during a school supervised event or outing, the school is not automatically liable for the injuries resulting from the incident or accident. Generally, there are four elements required for a case or claim to be pursued against a school - whether public or private:

1. Duty. This refers to the duties of the school bus driver and / or school bus attendant. The school bus should be driven in a safe manner. Furthermore, the school bus driver and school bus attendant should follows rules and procedures as to supervision and discipline on the bus.

2. Breach of Duty. This refers to the actions or inactions by the school staff that failed to follow a law, policy, procedure, or reasonable precautions as to the supervision and safety of the children.

3. Causation. This refers to to the link between the breach of duty and the damages.

4. Damages. This refers to the injuries, pain and suffering, and expenses / bills related to the incident or accident.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parents Should Know - has chapters on Automobile Accidents, School Injuries, Day Care Center Injuries, and other topics. See The ABCs of Child Injury.

In Florida, millions of students are transported to and from school in school buses. It is important for school bus drivers to drive with the utmost caution and obey all local and State traffic rules, regulations, and laws. Furthermore, it is important for those driving near school buses to drive with the utmost of caution. It is important for other drivers to stop and slow down when necessary in or near school bus stop areas and schools.

In Manatee County, Florida, a school bus accident recently took place. It was reported that the Florida school bus driver was distracted and took his eyes off the road and his driving at hand for a moment. That particular moment was enough to cause a school bus accident in whch students suffered personal injuries as a result of a rear end crash with an 18-wheel truck. The distraction may have been caused by unruly students who were acting up on the school bus. See Manatee County School Bus Accident - Personal Injuries to Students.

When a child suffers a personal injury, a parent is often faced with a number of issues, challenges, and questions. Who is responsible for the personal injuries of the child? Who is going to pay for the medical bills? Where should I take my child for follow up medical care? What if I do not have any health insurance for my child? Where can I find an attorney / lawyer to represent my child on this Florida personal injury claim / case?

The book titled - The ABCs of Child injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Automobile Accidents, School Injuries, Day Care Center Injuries, Medical Bills / Medical Treatment, Damages / Compensation, and other topics. You can receive this book for free at The ABCs of Child Injury.

When there is a Florida automobile accident or a Florida school bus accident, there are certain traffic laws, rules, and regulations that involve the particular accident. See Florida Traffic Rules, Regulations, and Laws - Frequently Asked Questions.

Businesses, theme parks, and amusement parks that market to children and their families have a duty to provide a reasonably safe play environment for the children. While a business is not responsible for every single injury that takes place, a business is legally responsible for injuries that take place due to improper supervision or maintenance of the facility. In some Florida cases, the negligence and resulting harm are clear and obvious. In other cases, there is a dispute over the liability and responsibility for the child's injuries. In many of these cases, a lawsuit is filed so that a Judge / Jury can ultimately decide the legal and factual issues involved in such a case. A Florida Personal Injury Attorney can help a family with advice and representation on these type of child injury matters.

In Largo, Florida, it was reported that a lawsuit was filed against Chuck E. Cheese for an injury that took place at this restaurant / amusement facility. The parents alleged that the staff at Chuck E. Cheese was negligent in the supervision of the facility. The child was injured when she feel off the Hampster Wheel device in the play area. Another child was in the ride at the time. It was reported in the news story that the ride was made for the use of one child at a time. The child suffered dental and mouth injuries as a result of this incident. See Parent Sue Chuck E. Cheese for Personal Injuries to Child.

Pursuing a claim or filing a lawsuit against a big company like Chuck E. Cheese can be quite challenging. Typically, these companies have a risk management department and attorneys / claims representatives on staff that handle the investigation of claims. The safety of children should be the focus of the policies, procedures, and operation of a facility. When company policies and procedures are not followed, children often times are the victims of personal injuries. Many injuries can be prevented when policies and procedures are followed. Furthermore, a little common sense and due diligence can go a long way to preventing many child injuries from happening.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Amusement Parks / Theme Parks, Water Parks and Swimming Related Injuries, Damages / Compensation, Medical Bills / Medical Treatment and other topics. A parent or other concerned person can obtain this book for free at The ABCs of Child Injury.

Motorcycle / Pedestrian Accident Reported in Suwannee County Florida

In Florida, pedestrians are the unfortunate victims of hit and run accidents. One such incident was reported in Suwannee County Florida. A pedestrian was struck by a motorcyclist on Highway 129 and then fled the scene. The pedestrian suffered personal injuries included a dislocated foot. Thereafter, the motorcyclist fled the scene. The Florida Highway Patrol responded to the scene of this pedestrian accident. See Motorcycle - Pedestrian Collide - Motorcyclist Leaves the Scene of the Florida Accident.

Florida law requires that a driver of any vehicle involved in an Florida accident that results in personal injury or death to stop at the accident scene. This legal duty is set forth in the Florida Statutes under Section 316.027. There are many other traffic rules and regulations in place in Florida. See Florida Traffic Rules, Regulations and Laws - Frequently Asked Questions.

In Palm Beach County, Florida, a new day care center law is now in effect. The law requires that van be equipped with alarms that sound off if a child is left in a van. The alarm sounds off when a van is stopped. Thereafter, the driver or attendant must physically walk to the back of the van to turn off the alarm. This, in turn, will require the day care center driver or attendant to conduct a visual sweep or inspection of the day care center van. The goal or purpose of the law is to prevent children from being left unattended on day care center vans or buses. The new Palm Beach County day care rule / regulation was passed in response to the tragic death of Haile Brockington who was left on a day care center van. She died as a result of the heat exposure in the hot summer month of August from being left in the van. The Palm Beach County Health Department is the government agency that is responsible for monitoring this law / regulation. The estimated cost for the van alarm equipment ranges from $200 to $500 per alarm. See Palm Beach County Florida Day Care Rules as to Alarms in Effect.

The use of alarms is a safety measure that can help prevent or reduce the number of incidents of children being left unattended on day care center vans and buses. While it is a good measure or requirement to have in place, due diligence and consistent supervision are also important. Even a simple attendance checklist can go a long way to prevent tragedies from taking place. A combination of technology (alarm systems) and pen and paper can hopefully avoid future reports of children being injured or dying from being left unattended on day care center vans and buses.

Unfortunately, children are injured and some even lose their lives while under the care and supervision of a Florida Day Care Center / Child Care Center. When a child is injured due to the fault or negligence of a day care center, there are often many issues and challenges faced by the child and his or her family. See Florida Day Care Center - Frequently Asked Questions. See also The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know which has chapters on Day Care Center Injuries, School Injuries, Damages / Compensation, Medical Bills / Medical Treatment, and other topics.