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.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Alcohol & Drug Issues , Statutory References (Florida)

Bookmark:

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.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Education

Bookmark:

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.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety

Bookmark:

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.

Posted by David A. Wolf | Permalink | Email This Post

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

Bookmark:

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.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Child Safety

Bookmark:

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.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Dogs / Dog Bites / Animals / Pets

Bookmark:

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.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Automobile Insurance

Bookmark:

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.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Dogs / Dog Bites / Animals / Pets

Bookmark:

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.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Crimes Against Children

Bookmark:

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.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Alcohol & Drug Issues , Automobile Accidents , Automobile Insurance , Child Safety , Pedestrian Injuries , Traffic Citations , Trucking Accidents , Wrongful Death

Bookmark:

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.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Statutory References (Florida) , Wrongful Death

Bookmark:

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.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Child Safety , Education , School Safety

Bookmark:

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.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Dogs / Dog Bites / Animals / Pets , Statutory References (Florida)

Bookmark:

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.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety

Bookmark:

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.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety

Bookmark:

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.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Education , Internet, E-Mail, Text Messaging , Sexual Offenders / Predators

Bookmark:

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.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety

Bookmark:

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.