Florida Child Injury Lawyer Blog

An 8 year old boy was arrested by Orlando - Orange County Sheriff's Office deputies for bringing a semi automatic weapon to school. The boy brought the gun to school to show off to his friends. He exhibited the gun at recess.

The boy was charged with possessing a gun on school property. You can read more details at Boy, 8, Arrested for Bringing Gun to School. This incident shows the importance of safeguarding guns for the protection of our own children and other children. What may appear to be a harmless "show and tell" can easily turn into a tragic disaster. If a child was injured by this gun, homeowner's coverage may apply to pay for the victim's injuries. For more information about injuries caused by a gun, weapon, and / or the negligence of others, Contact or call David Wolf - Attorney - Wood, Atter & Wolf, P.A. at (904) 355-8888.

Jacksonville residents protested and rallied against a home where up to 6 registered sex offenders are residing. A company or group called the Philadelphia Christian Center owns the home and only commented that the home has met all legal requirements for Florida. Apparently, there are 15 children in the area of Wandering Trail, according to resident Diane Knowles. While no laws may have been broken, this news story shows the importance of being informed and aware of your neighbors especially those who have been identified as registered sex offenders. You can perform a search of your neighborhood and other parts of Florida by going to the Florida Department of Law Enforcement Web Site - Florida Sexual Offenders and Predators. I did a search for 1 mile from my home. There were no registered offenders or predators in my direct neighborhood but there was one in a friend's neighborhood. I will be sure to inform my friend of the offender.

Jacob Casey, a University of North Florida student, died in a strange Florida automobile accident that took place on a private airport runway in Ocala. The single car accident involved a BMW and 5 occupants including Jacob.

The BMW drove off the runway, sailed about 200 feet, and then crashed into a tree. Photographs and more details can be found at Ocala Florida Crash Kills Jacksonville University Student.

Autistic children in Florida and in other States, including Illinois, deserve and are entitled to protection under the law from harm by other people, institutions, schools, and yes, in some instances, their parents.

A 3 years old autistic child was killed by her mother by suffocation with a garbage bag. Karen McCarron said that she loved her child - but hated the autism. McCarron attempted to kill her child three days before the murder but trying to use a pillow but was unsuccessful. You can read more about this tragic story at the USAToday Website at Illinois Mom Confesses to Killing an Autistic Child.

I personally know three families who have an autistic child. There children are boys (a majority of autistic children are male and they have different abilities and varied development. The parents that I know love their children. While they are challenged by the curve ball in life that autism has thrown them, they all are doing their best to deal with these challenges. Love is always the answer not murder.

The Jacksonville Sheriff's Office arrested a former youth counselor and bus driver with the Dupont YMCA for charges of lewd and lascivious molestation following an investigation that began in May 2007. The former YMCA worker, Daniel Hardie, was reported in police records to have touched a 9 year old and a 7 year old on their genital through their clothing during separate incidents. Background checks were completed prior to employment prior to hiring Hardie. It would be interesting to see Mr. Hardie's personnel file to see if there were prior incidents and allegations. It would also be interesting to know Mr. Hardie's work and criminal history. Many offenders go undetected for years without police investigations and arrests. The families of the victims should be commended for coming forward with these charges. Many children, in the long run, will benefit from the actions of these families. You can read more about this story at the News4Jax (Channel 4) website - Ex-YMCA Worker Accused of Molestation. There are many criminal and civil issues involved in matters of this nature. Victims and their families would benefit from the advice and counsel of an attorney especially when dealing with these issues.

The death or injury of a Florida child due to drowning is a tragic and, in many instances, an avoidable event. The United States Consumer Protection Commission disseminated a good article entitled How to Prevent the Unexpected - Preventing Child Drowning that every pool owner and parent should read in order to protect children. The report indicated that 300 children under the age of 5 die as a result of drowning in a swimming pool nationwide every year. Florida is a state that is populated with thousands of pools. I am a pool owner and have a child safety fence around my entire pool. While my children are good swimmers (they had lessons through an instructor and additional instruction by mom), I decided to keep my child safety fence up in the abundance of caution. My children have friends over and will get into horseplay. I know the swimming abilities of my children but not others. Even though my children are good swimmers, they can still have a fall and go into the pool. While my pool area would look nicer without the fence, I feel more secure with the fence in place. If you have questions about Florida laws pertaining to swimming pools, pool fences, or injuries to children in or around a swimming pool, call David Wolf Attorney at Wood, Atter & Wolf, P.A. (904) 355-8888.

The Reverend Darrell Giyard, formerly with Shiloh Metropolitan Baptist Church located in Jacksonville Florida was charged with lewd and lascivious conduct for sending sexually explicit text messages to a 14 year old girl who was a member of his church. Apparently, Reverend Giyard resigned from a Texas church 16 years earlier for having affairs with church members. Reverend Giyard had a different message to spread than most church leaders. Unfortunately, he used his position of influence and power to take advantage of congregants including one that was only 14 years old. Churches like Shiloh are good for the community and the congregants. While Reverend Giyard's actions are embarassing for the church and community, Shiloh will persevere through these troubled times. While forgiveness is an important part of the Christian community, the victim and her family deserve more than forgiveness in this instance. The Church had the opportunity to take action against Reverend Giyard but failed to do so before policy intervention. Details of the charges and the incident can be read at the Jacksonville Times Union Website at Embattled Jacksonville Pastor Charged in Sex Scandal.

You will often read stories about Florida sexual offenders and predators being arrested or charged with lewd or lascivious conduct on a child. In many instances, the child is physically and / or mentally injured as a result of this conduct.

Section 800.04 (6) defines lewd or lascivious conduct as follows:

(a) A person who:

1. Intentionally touches a person under 16 years of age in a lewd or lascivious manner; or

2. Solicits a person under 16 years of age to commit a lewd or lascivious act.

You can read the full text of this Florida Statute at the official Florida Statutes Web site at Section 800.04, Florida Statutes -Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age.--

An Orlando Florida 6 Year old was seriously injured after falling off an ATV. Jeremy Mincey, age 19, was operating the ATV which tipped over on top of the 6 year old. After the incident, Mincey tried to sneak away to avoid responsibility for incident which was witnessed by several people. Police arrived on the scene and arrested Mincey for child neglect and resisting an officer. It was reported that the girl may have spine or skull injuries. 6 Year Old Injured in ATV Accident.

Section 316.2074, Florida Statutes - All Terrain Vehicles - ATV requires that all persons under the age of 16 years old shall ride or operate an ATV without an approved helmet.

The 6 year old was not wearing a helmet at the time of the accident. As you can see by the tragic story in Orlando, it is important for a child to wear a helmet while on an ATV (All Terrain Vehicle), motorcycle, and bicycle. It is unknown if the child had permission from a parent to occupy the ATV.

An Ocala Florida man faces murder charges in the death of an infant cousin. The Marion County Sheriff's Office arrested Rishi Abraham Ramgoolie for the death of a 5 month old cousin that he was baby sitting. Mr. Ramgoolie gave two different accounts on how he discovered the infant coughing up blood. According to news reports, neither versions supported the physical or medical evidence regarding the injuries. Further investigation will be completed by the Marion County Sheriff's Office and the State Attorney's Office. You can read the story at Ocala Man Faces Murder Charges.

This story shows the importance of having a reliable and trust worthy babysitter in place for your children. Just because a person is a blood relative does not make that person responsible or a good babysitter.

Of course, Mr. Ramgoolie will have the opportunity to defend himself with a private criminal attorney or the public defender. The follow up article to this story revealed that the infant had multiple skull fractures. See Infant's Skull Had Multiple Fractures - Baby Sitter Charged Murder.

If you have a question about a criminal or civil case as a Plaintiff, Defendant, or Victim, it is helpful to have the advice and counsel of a Florida attorney.

An unfortunate trucking accident / automobile accident took place recently outside of Savannah, Georgia. Busy roadways in cities like Savannah Georgia and Jacksonville Florida are the sites of serious automobile accidents. A bus load of mentally handicapped people were hit by a logging truck. According to Georgia State Highway Patrol, it was amazing that no one died in the accident. Some of the passengers and drivers were taken to a local hospital. Logging Truck Hits Van Occupied by Mentally Handicapped People.

This accident shows the dangers of large trucks on the roadways of South Georgia and North Florida (Jacksonville). It is important to drive your vehicle in a safe manner. Even when you do so, the negligence of another driver may cause a serious accident.

If you have any questions about an automobile accident or trucking accident, call a personal injury attorney for advice and consultation regarding your respective rights.

Florida law is well-established that evidence concerning the issuance of a traffic citation is inadmissible, and that erroneous admission of such evidence is grounds for a mistrial. My firm handled a case in 2000 where the Defense attorney suggested that his client did not get the citation.

The case went to a jury verdict and my firm appeared. We won the appeal since Florida law clearly prohibits the direct or indirect reference to a traffic citation in a civil case. This law was established to give each party and the the jury the ability to argue a case based on the merits and facts rather than the responding officer who in most instances did not witness the accident. The case we handled is reported at White v. Consolidated Freightways Corp., 766 So.2d 1228 (Fla. 1st DCA 2000).

Over the past 17 years, I have handled hundreds of Florida automobile accident cases. Usually, one driver gets a citation in Florida. Clients believe that this means that they will absolutely win the case at trial. I advise clients up front that the accident report and citation will not be admitted as evidence. However, the accident report and citation are usually submitted to the insurance company to show the adjuster who was at fault.

In addition to automobile accident cases, my firm handles traffic citations as well. We have handled traffic citations throughout North Florida and have been successful in avoiding points on licenses, reducing charges, reducing fines, and in some instances getting the citations dismissed. Each citation is evaluated individually and the disposition of the citation can be affected by the county, Judge, driving record, and violations.

If you like more information on automobile accidents, traffic citations or these issues, please contact David Wolf at Wood, Atter & Wolf, P.A., Jacksonville, Florida.

Florida dog bites to children and others frequently involve the family dog or a neighbor's dog. According to a study (Prevention and Treatment of Dog Bites) conducted by the Mayo Clinic - Jacksonville, Florida, almost one half of Florida dog bites in Florida and other states involve the family dog or a neighbor's dog.

I have a dog myself but must keep in mind that she is an animal. My dog has a certain tolerance for harassment by my children and others but like any other animal (or person for that matter) has a breaking point.

Any bite, including a dog bite, carries a risk of infection. According to the Mayo Clinic, immediate copious irrigation or flushing out of the wound can significantly reduce the risk of infection.

Under Florida law, a dog owner is liable for a dog bite by his or her dog. Even if the dog had no prior history of aggression or bites, the dog owner is liable. Typically, homeowner's insurance policies cover dog bites. Each insurance policy and case should be evaluated by an attorney to make sure that the dog bite victim's rights are protected and enforced when necessary. If you have a question regarding the legal rights and laws relating to dog bites, please contact David Wolf at Wood, Atter & Wolf, P.A. (904) 355-8888.

BB guns and air powered rifles can cause serious personal injury and death to children. It is important that parents monitor the use of BB guns and air powered rifles in the possession or control of a minor. I personally have decided to refrain from such purposes. My kids play and argue with each other and friends all the time. I do not think that a BB gun or air powered rifle are smart purchases. The Consumer Product Safety Commission recommends that children under 16 refrain from using high velocity BB guns or pellet guns.

If a child is injured as a result of the negligent or even purposeful use of a BB gun, pellet gun, or air powered rifle - there may be an action for negligent supervision and / or negligent entrustment. Many of these cases are covered under homeowner's insurance policies. Call a Jacksonville Florida injury attorney for more information on claims of this nature.

The Florida Department of Children and Families is charged with the responsibility of fielding and investigating reports of child abuse / elder abuse in the State of Florida. The State of Florida has several good web resources for learning more about the process of reporting incidents of abuse and neglect.

Definitions of Child, Vulnerable Adult, Harm, Abuse, Exploitation and other key terms can be read at the Florida Department of Children and Families Web Site.

The hotline telephone number is 1-800-96-ABUSE (22873). You can read more details about the reporting process at the Florida Department of Children and Families Web Site.

If you have any questions about civil lawsuits and damages for incidents of child abuse or elder abuse against third parties including day care centers, churches, schools, nursing homes, or other entities, contact a Florida personal injury attorney or Florida child injury lawyer.

In Florida and throughout the United States, dogs are considered part of the family. I read a recent story about a hunter / veterinarian (John A. Farah) who shot the dog of a woman (Teresa Wingate) in Nassau County Florida. Apparently, the dog slipped under a fence and Farah shot the dog. Farah initially denied the shooting to try to avoid responsibility. He was later arrested for animal cruelty and aggravated assault. Law & Disorder - Vet Charges in Shooting of North Florida Dog.

Civil monetary damages can be pursued for the death of an animal by a shooting or other reckless behavior. Florida law generally provides that a dog is like a piece of furniture. If a dog dies as a result of simple negligence, the damages are limited to the value of a dog. In other words, a dog owner can collect that it would cost to replace the dog versus what the dog meant to the owner. On the other hand, if the death of the dog was purposeful, reckless, or malicious in nature, a dog owner can pursue damages for the associated mental pain and suffering associated with the death of a dog. As many of you are dog owners, you know how special a dog can be. The dog is a family member. In my house, the dog rules the house. She sleeps where she wants. Eats what she wants even when the food is not meant for her.

What a tragic loss for Ms. Wingate and her family.

If you have a questions about the death or injury to a dog or any other incidents involving a dog, you should contact an attorney to discuss your respective rights. Please be aware up front that the conduct needs to be reckless to recover more than just the purchase price for the dog.

A dentist who moonlighted in selling body parts has taken a deal in a criminal case in Seattle, Washington. Apparently, Michael Mastromarino plundered body parts from corpses without the permission or knowledge of the families of the decedents. One of the corpses was Alstair Cooke, former host of Masterpiece Theater, who died in 2004. Dr. Mastromarino made millions along the way.

Unfortunately, there was no screening for diseases or other details and many patients received tissue and body parts from unchecked and unscreened corpses. In Florida, I have represented families in cases involving the tortious (wrongful) interference with a dead body. Florida has some cases and laws in place that address these unique cases. I would have had a field day suing Dr. Mastromarino for his reckless and indifferent conduct. You can read more about this story at the Seattle Times website - Suspect to Take Deal in Body Parts Case.

If you have a question about the practices of a funeral home, cemetery, or medical provider with regards to the handling of a body, please contact David Wolf - Attorney - Wood, Atter & Wolf, P.A. at (904) 355-8888.