Florida Child Injury Lawyer Blog

Animal House was a great movie. It showed a bunch of college kids and adults for that matter getting drunk and wreaking havoc. In Florida, the homeowner and others may be held liable civilly and may be criminally prosecuted for injuries and events resulting from the service of alcohol to a minor.

Section 865.015 (2) Florida Statute states as follows:

No person having control of any residence shall allow an open house party to take place at said residence if any alcoholic beverage or drug is possessed or consumed at said residence by any minor where the person knows that an alcoholic beverage or drug is in the possession of or being consumed by a minor at said residence and where the person fails to take reasonable steps to prevent the possession or consumption of the alcoholic beverage or drug.

Kevin Logan, a self described gay bisexual male, filed a lawsuit against an Indiana School Board for violations of his civil rights at prom. Logan, who is also known as K.K., went to prom in full make up and a prom dress. He was asked to leave the prom by school security. Kevin claims that he was humiliated and the special night was ruined by the violation of his civil rights.

I am not sure how this case will turn out or what the measure of damages would be for a case of this nature. It is an interesting case in that another student, a lesbian, was allowed to attend the prom wearing a tuxedo. The school board did not apear to be even handed in its handling of alternative lifestyle / gay students at the school.

For more details on this case, you can read an article at the Court TV website at Gary Indiana Teen Sues School Board.

Police officials arrested Gary Lamphier of Sanford, Florida who walked into the Casa Monica Hotel with a loaded shotgun. He was arrested by police for armed robbery and aggravated assault, possession of marijuana and carrying concealed weapon. He was not an employee of the hotel.

The Casa Monica Hotel is located in the historic district of St. Augustine, Florida which is the Nation's Oldest City. I personally have been in the Casa Monica Hotel with my children on several occasions. It is a beautiful hotel with a nice bar and restaurant. It is a great relief that no persons were harmed by the Defendant but it is quite frightening to know that the incident took place in a hotel that seems safe and far removed from crime and related problems.

Hotels like the Casa Monica have a duty to maintain its premises in a safe manner. If there is a pattern of crimes like this in or near Casa Monica, additional security measures would be in order to protect vistitors and patrons of the hotel.

This incident was reported in the Florida Times Unoion newspaper. The brief article can be viewed by Man Walks Into St. Augustine Florida Hotel (Case Monica) with Loaded Shot Gun.

The Florida Department of Children and Families is charged with the responsibility of investigating and preventing the abuse and neglect of children throughout the State of Florida.

The Florida DCF recently got a "black eye" of sorts when a former spokesman, Al Zimmerman, was charged with paying two 16 year olds for sexually explicit photographs. One of the victims also stated that Zimmerman offered $200 for sex. It is truly outrageous that Mr. Zimmerman committed these acts when he was once trusted with protecting the children of Florida from predators like him. You can read more about this story at Former DCF Spokesman Hit with Federal Porn Charges.

Evenflo, a manufacturer and distributor of child safety car sets, recalled several months after testing by the federal government and the company. The tests revealed that high impact side collisions can cause the seats to break apart. You can read more about the recall at Company Recalling Child Car Seats Had Problems Before.

Dogs and dog bites pose everyday hazards to the men and women who deliver the mail in Florida and the rest of the United States.

I found an article posted at the United States Post Office Official Website which provides dog bite statistics and tips for avoiding dog bites. SInce the site and information were posted by the United States Post Office, I thought it would make sense to review the site and post a link to the information. If anybody has first hand knowledge about dog bites, its the mail carrier. In 2005, over 3200 letter carriers were victims of dog bites. For more information about the statistics and advice to help avoid being the victim of a dog bite, go to Dog Bite Prevention.

As a personal injury attorney, I am frequently asked to explain automobile insurance coverage in the State of Florida. The Department of Insurance provides a good explanation of automobile insurance coverage in the State of Florida. People often say that they have "full coverage". In Florida, there is really no such thing as "full coverage". There is basic coverage and optional coverage. Basic coverage is the type and amount of insurance that is mandated by Florida law. PP (Personal Injury Protection) provides coverage for medical bills, wage loss, mileage, and prescriptions. Property Damage Liability provides coverage to pay for repairs or property damage to the other owner's vehicle. Bodily injury, Collision, Medical Payment, Comprehensive, Towing, Rental Reimbursement, and Uninsured Motorist are optional coverages in Florida. I generally advise clients to get more than Basic Insurance Requirements for the protection of themselves and their families.

For the safety / good health of your pets, family, and children, it is important to keep your pets and the family dog in good health in Florida.

Thomas Lane, a Veternarian with the University of Florida, wrote a good article on Pet Care in Florida that provides a good outline for pet and dog owners to read.

Rabies is a virus disease that can be transmitted between animals and people. A dog bite is a classic example on how Rabies can be transmitted to a person if the dog is not properly vaccinated. The best way to prevent and limit the spread of Rabies is by vaccinating dogs and cats. Each county has its own regulations and registration requirements. As such, if you move to Florida or to another county within Florida, it is important to ask a local veterinarian or animal control officials as to the local county requirements.

Since a dog owner is responsible by Florida's Dog Bite Statute for the damages associated with a dog bite in Florida, it is important for each and every dog owner in Florida to vaccinate dogs, pets, and other domestic animals for both legal and safety issues.

Do you want to run a Florida criminal background check on a neighbor? Nanny? Housekeeper? Employee? There are various ways in Florida to run a background check. You can complete the background check yourself through the Florida Department of Law Enforcement. In addition, you can retain the services of a private investigator or a Florida attorney to perform background checks. It is important to know the background of those you employ at your business and home. It is especially important to run a background check on those hired to care for your children.

A Florida study of impaired and drunk driving revealed that a drunk driver was on the road of florida every 110 miles driven. In Florida, .08 blood alcohol concentration is presumed to cause driver impairment. Impaired drivers were involved in an estimated over 128,000 crashes that killed 930 and injured 43000. This figures do not include the countless Florida children, parents, family, friends, neighbors, and co workers affected the the carelessness and impairment of drunk drivers. You can read more interesting statistics and commentary of drunk driving atImpaired Driving in Florida.

The safety of our children and others simply does not make sense. If you are drinking, get a ride, get a cab, stay put . . . just do not get behind the wheel. The convenience and supposed fun of going and staying out on a particular night will never compare to the risks and tragedies resulted from drunk driving.

In Florida, it is a both a criminal violation and (in my opinion) a moral violation to operate a motor vehicle / automobile while impaired or under the influence of alcohol or drugs.

Florida law criminalizes the selling, giving, or serving of alcohol to children / minors. Violating this law can land you in jail. Worse than that, violating this statute can cause the death of a Florida child and others affected by the effects of underage drinking.

Florida Statute Section, 562.11, provides the following"

Section 562.11, Florida Statutes Selling, giving, or serving alcoholic beverages to person under age 21; providing a proper name; misrepresenting or misstating age or age of another to induce licensee to serve alcoholic beverages to person under 21; penalties.--

(1)(a)1. It is unlawful for any person to sell, give, serve, or permit to be served alcoholic beverages to a person under 21 years of age or to permit a person under 21 years of age to consume such beverages on the licensed premises. A person who violates this subparagraph commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

The rest of the statute can be read at the Official Florida Statute Website.

Every day school buses transport 24 million children to school. Despite the large numbers, school bus accidents are relatively few in number. School buses are equipped with safety devices and are constructed in a manner that decreases roll overs and the impact of crashes. You can read more about the construction and safety record of school buses atSchool Buses Are Among the Safest Vehicles.

Florida counties have ordinances regarding dogs and domestic animals. There is a leash law in effect for St. Johns County Florida and other counties in Florida. You can read more about the leash law at the St. Johns County Florida Website. I live in a neighborhood where some dogs run free or have an invisible fence in place for the dog. A few neighbors have been cited by the Homeowner's Association for the failure to have a dog on a leash.

The leash laws are in place for several purposes including the reduction of stray dogs, spread of disease, and ti reduce / prevent Florida dog bites.

It makes sense that a dog leash dog would reduce the incidents of dog bites. However, you should be aware that Florida's Dog Bite Statute does not give a dog owner a defense if the dog bite took place while the dog was on a leash.

Keep your dog on a leash or in a fenced yard. This is good advice whether there is a dog leash law in your county.

Children and parents alike frequently are served water with lemon at restaurants. A You Tube video may change this habit for many diners out there.

A study showed the the lemons used at many restaurants carry bacteria and other hazards to children and adults. The study and video may be accurate or may be a little hyped Either way, it makes sense to your health and the health of your family members to watch this You Tube video.

Magnets are cool and fun to play with . . . Magnets can also cause serious bodily injury / personal injury in children. If a child swallows two magnets, the magnets could work in force to damage organs and other internal body parts.

The Consumer Product Safety Commission even warned about the dangers of magnets at the Hidden Danger of Magnets.

It is important for parents and caregivers to supervise small children who play with magnets. Otherwise, serious bodily injury / personal injury can result from the inattention combined with the curiosity of a child.

In Jacksonville, Florida, a local middle school, Fletcher Middle School, has been in the news since semi nude and inappropriate photographs of students showed up on the Internet on myspace and possible other sites. No arrests have been made as of yet regarding these postings and photographs. Parents should pay close attention to their children's internet use. More information about the situation with the Fletcher students and parents techniques to protect their children from overuse of computers and being the victim of a predator can be read at Parents Look to Ensure Kids Are Safe Online.

Recent studies on children have determined that baby toiletries which include lotions and powders may be linked to a high concentration of phtalates in children. Phthalates may be the cause of reproductive abdnormalities, allergies and ezcema according to Sheela Sathyanarayana, acting assistant professor at the University of Washington. Unborn children and infants are especially vulnerable to chemicals that disrupt their hormonal balances because their reproductive systems are still developing, she says.

"It's hard to trace where these chemicals are coming from," Sathyanarayana says. "They could be causing harm, but we don't know to what extent."

The USA Today covered this topic at Baby Toiletries Linked to Chemical Risk to Children. If you are concerned about the health and exposure of your children, it is important to discuss your concerns with your pediatrician and family doctor.

The Orange County Sheriff's Office in Orlando Florida investigates 2500 missing persons reports every year. A simple but helpful new program is being tested for missing children. The Safe Assured Identification kit includes the Florida child's photo, ten digital fingerprints, a voice recording of the child, and other personal information stored on an encrypted mini compact disc or computer file.

If a child is reported missing, this digital information can be sent out to law enforcement and government officials involved in the search for the missing child.

I believe that this type of program should be offered in all counties in Florida. Some may worry about the misuse of such information; however, I believe that the benefits far outweigh any speculative theories of misuse. >Orange County Amount First to Offer Digital Safety Program for Children.

Fraternity members of Sigmu Nu were charged with providing alcohol to a minor and using fake identifications. These actions led to the alcohol poisoning death of 18 year old Benjamin Garrison Sprague. Unfortunately, Benjamin drank took much for his body to handle and died from alcohol poisoning consumed at an off campus party. More details about this tragedy can be read at Clemson Students Charged After Drinking Death.

This death that took place at Clemson University is the very reason that states like Florida have a drinking age of 21. I suspect that thousands of lives are saved every year by keeping alcohol out of the hands of those under the age of 21.

It is important for parents, businesses, and everyone else to follow the law and keep alcohol aware from the reach of children.

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.

This statute is in place for the protection of children. Even if the statute did not exist, it is important for parents and caregivers to protect children while occupying an ATV (All Terrain Vehicle), bicycle, or motorcycle.

Any dog can bite . . . some dogs are trained to bite and fight. In Florida and other States, the training of dogs for fighting as well as the exhibition of dog fighting events can be the basis for criminal prosecution. St. Johns County officials searched a house located in Flagler Estates - St. Johns County believed to be the site of Pit Bull breeding, training, and fighting. Numerous items were found which indicate that the site was indeed used for these purposes. The items found included food supplements used to increase the size of dogs, sticks used to separate dogs when fighting, treadmills, weights and many other items. Seized Dogs Believed to Be Training for Fighting.

Dog bite laws in Florida are clear. A person does not have to be bit by a trained fighting dog to pursue a claim or a lawsuit. In Florida, a dog owner is responsible for any dog bites. There are a few limited exceptions including ones for trespassers. If you have a question about a dog bite or related matters, it is often helpful to contact a Florida personal injury dog bite attorney about the respective rights and laws.

According to an emergency room study, over 30,000 people suffered hockey related injuries in the United States between 2001 and 2002. Over 18,000 children under the age of 18 suffered injuries according to this study. Hockey is a breeding ground for injury due to the type of surface (ice), equipment used (sticks and blades on skates), the velocity of plays, checks, and collisions, and finally the frequency of fist fights. It is important for coaches, referees, and league officials to keep control of the games and practices to limit the amount of injuries that take place. You can read more about the study at Characteristics of Ice Hockey Injuries in U.S. Emergency Rooms.

Toby Keith, a popular country music artist, lost his father in an accident. His family sued for the wrongful death of Toby Keith's father. It was initially believed that Toby's father was at fault for the accident. Further investigation revealed that the vehicle, which was owned by the Defendants, was poorly maintained and in need of brake repair prior to the accident. A jury awarded Toby Keith and his family over $2 million for the death of Toby's father. This case illustrates that even famous, wealthy people suffer losses. Toby does not need the money but this does not mean that his father's life did not count or that Toby and his family deserved compensation for this great loss.

If you have a question about a personal injury or wrongful death case, please Contact or call David Wolf - Attorney at Wood, Atter & Wolf, P.A. for free consultation.

Losing a child is one of the worst things that can happen to a parent. Today's technology allows parents of the 21st century to track their children with GPS devices. Some come in the form of watches or bracelets. The devices can locate a child within 30 feet assuming the child is still wearing the device after being lost or after being abducted. The watch works with satellites to pin point the location of your child. Of course, the device is only effective if your child is wearing the watch and the watch is functional. Technology is nice to have but it is no substitute for good old fashioned parental supervision. Phones are also equipped with GPS technology. I expect further developments as to technology, costs, and function to bring forth additional GPS devices so that the average consumer can track children, spouses, pets, and employees an an easy and affordable manner.

Keep your children safe. Supervise them even when they are playing in your front yard. Even gated developments have child predators or those who get in the development with bad motives.

A St. Augustine, Florida woman was arrested for DUI after running a red light and barely avoiding an automobile accident. When police inspected her vehicle, officers observed that beer was strapped into the front seat but the 16 month old child was not.

The woman (Tina D. Williams) was noticeably intoxicated and smelled from alcohol. Pipes used to smoke drugs were also found in the vehicle. The tragedy of an accident was avoided by the arrest but the woman has some serious problems to drive in such a condition especially with a child in the back seat. Driver Straps in Case of Beer, Not Baby.

Stealing money from a baby will land you in prison. A Wisconsin man, Ryan Mueller, broke into a home and stole money from a child's piggy bank. DNA evidence links Mr. Mueller to the crime. He stole the money and left the Piggy Bank behind.

He also left some trace blood on a window that he broke in to burglarize the house. Mr. Mueller should think twice about his career as a criminal. You can read more about this story at the CNN website - by DNA Links Man to Theft of Tot's Piggy Bank

At Wood, Atter & Wolf, P.A., we have attorneys who handled injury cases for victims. While we would probably decline a request for representation on behalf of the piggy bank robber, we do represent clients who are charged with crimes in the Jacksonville Florida and surrounding areas.

If you are the victim of a crime or are being charged with a crime, you can contact David Wolf - Attorney - at Wood, Atter & Wolf, P.A. to find out your rights and available options at (904) 355-8888.

The plight of missing children in Florida and the rest of the United States is an ongoing problem.

Jessica Lunsford was abducted from her Florida home and then murdered by a neighbor. The story caught national headlines. Jessica Lunsford's stories and others are quite heart breaking. CNN created a time line of events surrounding missing children. The time line and story are very interesting. You can read the story at the CNN web site at Time Line of Missing Children.

From death, four new lives . . .

Antoine Green's organ donation gave recipients a second chance. Antoine Green's parents made a very tough decision for a parent and decided to donate the organs of their son, who had no brain activity, to needed recipients. Antoine's parents, Linda Foster and Andrew Green, said a long goodbye to their son at bedside at Shands Jacksonville.

Then they turned his body over to the doctor, so surgeons could save what was left. So four other dying people could have a second chance at survival. A person can elect to be an organ donor on his or her driver's license. Estate planning documents can also address the issue of organ donation. Since the decision to be an organ donor may require an immediate decision, it is advisable to elect to be an organ donor on the driver's license as opposed to tracking down the estate documents. The Green family should be commended by their generosity in donating their son's organs to save, enhance, and prolong the lives of others.

Children in Jacksonville, Florida and other cities in our public schools should their education from qualified and motivated teachers. The State of Florida has a set of requirements that each teacher must meet to teach in our public schools including but not limited to a fingerprint card and criminal background check.

You can see the details of the teacher requirements by going to the which focuses on teaching requirements and career / education opportunities for teachers.

St. Johns County, Florida I-95 hit and run trucking accident / automobile accident seriously injures toddler (child) (Nathan Shen) and her mother (Edith Aguirre-Morales). Tragically, the 2 year old was ejected from the car that rolled over several times. The semi tractor trailer driver pulled in the emergency lane, stopped, and then quickly fled the scene. Toddler Hurt in Semi versus Car Hit in Run in St. Johns County Near Flagler County Line.

The Florida Highway Patrol are seeking assistance to locate the driver / owner of the semi tractor trailer. Anyone with information about this crash is asked to call the FHP at 904-301-3663.

Ms. Aguirre-Morales and the family will be entitled to insurance benefits under her vehicle's policy. Furthermore, there may be entitled to compensation under the Florida Victims of Crime Compensation Act which provides up to $50,000 for victims of crimes.

It is unfortunate and illegal for that matter that the driver did not stop at the scene to render assistance and to take responsibility for his or her actions.

A negligent semi tractor truck driver injured many people when he failed to observed traffic conditions. Because he failed to stop, he ended up plowing into 9 other vehicles at the crash site which was located in Polk County, Florida on Highway 27. Tragically, two people died as a result of the accident. This crash shows the dangers of trucking accidents. While some vehicles may fare well in safety and crash testing, they are no comparison for a huge semi tractor trailers that cover our highways throughout Florida and the rest of the nation. Others were also injured in the accident.

The errant negligent of the truck driver has forever changed the lives of the families involved in this accident. When investigating the case, I will review the driver's log and other documents to determine if there were any violations of State and Federal law as well. Commercial truck drivers are limited by law as to how long they can be behind of the wheel of a the truck. Rest breaks are mandated to help prevent accidents caused by drowsy or sleeping drivers. Whether the truck driver followed the law on driving or breaks or not, he should have been more alert as to the traffic conditions in order to give himself time and distance to safely stop his truck to avoid crashes like these. You can read more about this crash by reading 2 Killed, 8 Injured in 10 Vehicle Accident at the www.floridatoday.com, a website covering various news and public interest stories in the State of Florida.

Victims and other persons can qualify for compensation under Florida Crimes Compensation Act. Pursuant to Section 960.065, Eligibility for Awards as follows:

(1) Except as provided in subsection (2), the following persons shall be eligible for awards pursuant to this chapter:

(a) A victim.

(b) An intervenor.

(c) A surviving spouse, parent or guardian, sibling, or child of a deceased victim or intervenor.

(d) Any other person who is dependent for his or her principal support upon a deceased victim or intervenor.

(2) Any claim filed by or on behalf of a person who:

(a) Committed or aided in the commission of the crime upon which the claim for compensation was based;

(b) Was engaged in an unlawful activity at the time of the crime upon which the claim for compensation is based;

(c) Was in custody or confined, regardless of conviction, in a county or municipal detention facility, a state or federal correctional facility, or a juvenile detention or commitment facility at the time of the crime upon which the claim for compensation is based;

(d) Has been adjudicated as a habitual felony offender, habitual violent offender, or violent career criminal under s. 775.084; or

(e) Has been adjudicated guilty of a forcible felony offense as described in s. 776.08,

shall not be eligible for an award.

(3) Any claim filed by or on behalf of a person who was in custody or confined, regardless of adjudication, in a county or municipal facility, a state or federal correctional facility, or a juvenile detention, commitment, or assessment facility at the time of the crime upon which the claim is based, who has been adjudicated as a habitual felony offender under s. 775.084, or who has been adjudicated guilty of a forcible felony offense as described in s. 776.08, shall not be eligible for an award. Notwithstanding the foregoing, upon a finding by the Crime Victims' Services Office of the existence of mitigating or special circumstances that would render such a disqualification unjust, an award may be approved. A decision that mitigating or special circumstances do not exist in a case subject to this section shall not constitute final agency action subject to review pursuant to ss. 120.569 and 120.57.

(4) Payment may not be made under this chapter if the person who committed the crime upon which the claim is based will receive any direct or indirect financial benefit from such payment, unless such benefit is minimal or inconsequential. Payment may not be denied based on the victim's familial relationship to the offender or based upon the sharing of a residence by the victim and offender, except to prevent unjust enrichment of the offender.

History.--s. 1, ch. 77-452; s. 1, ch. 79-297; s. 4, ch. 80-146; s. 2, ch. 85-326; s. 10, ch.