Florida Child Injury Lawyer Blog

The Florida Times Union newspaper web site has a tool to research summer camps in Jacksonville Florida. The 2008 Summer Camp Directory should be used by every parent and caregiver making a decision about summer camps. Parents should be careful when selecting a summer camp. Look at the decision like you would for day care or school. The adult and teenage counselors will have the responsibility for watching over and supervising your children. Injuries to children and other incidents can happen at a summer camp in Jacksonville Florida. The careful selection of a summer camp may help avoid these problems in the future. Accidents do happen at summer camps. Some incidents are caused by the negligence of the summer camp and its counselors. Others are not. If there is an injury at a summer camp, day care center, or school - it is important to get legal advice from a Jacksonville Florida personal injury attorney to understand and pursue the rights of the injured child.

Graduating high school is an accomplishment and part of the life cycle in Jacksonville Florida. Children and parents alike celebrate and look forward to the joys of summer. Unfortunately for some children and families in Jacksonville Florida, the celebration can turn into personal injuries, wrongful death, and / or prison.

Alcohol should not be served to or consumed by a person under the age of 21 in Florida. The reason for the law is to keep alcohol away from children who drive cars and otherwise wreak some havoc in the spirit of having fun, being obnoxious, or just being stupid. When you mix alcohol and immaturity, you can a bad result.

Providing alcohol to minors is a second degree misdemeanor punishable by a $500 fine and up to 60 days in jail. Getting arrested should not be the only deterrent for parents and other adults. The safety of children and others should also be considered. Drunk driving deaths and injuries are prevalent in Jacksonville Florida and other communities. Many of these incidents result from underage drinking.

Throw a party. Celebrate graduation. Keep alcohol away from children. It may be easier to throw an alcohol free party. Yes, keep alcohol away from the adults as well. Sometimes, safety is more important than getting a buzz.

Matt Coleman, a Florida Times Union writer, wrote a good article about graduation parties and the problems created by underage drinking. You can read the article at Careful What You Serve to Graduates.

When there is a wrongful death in Florida, a spouse and minor children can recover damages for mental pain and suffering and for lost parental companionship due to a parent's death. Under Florida's Wrongful Death Act, a minor child is defined as a child under 25 years of age. If there is no surviving spouse or the decedent was divorced at the time of death, then adult children can recover damages for mental pain and suffering and lost parental companionship. There is an exception for medical malpractice cases in Florida. A person must be survived by a spouse or minor children (under the age of 25) to recover damages for mental pain and suffering and for lost parental companionship.

Wrongful death cases can be quite complex and and it is important to obtain the advice and representation of a Jacksonville Florida personal injury lawyer to pursue damages resulting from the negligence of another person, business, or medical provider. You can read more about Florida's Wrongful Death Act at the Florida Statutes Official Website.

Stephen Stock, a television news reporter from Channel 4 in Miami, Florida, completed an investigation into eye injuries sustained as a result of unsafe display hooks at retail stores. The CBS 4 ITeam Investigation revealed 59 injuries to children and adults. The hooks, which hold retail merchandise, were found in over 100 stores in South Florida and the rest of the nation. Large retailers like Toys R Us and Best Buy are currently reviewing their policies and display systems in light of the reported injuries. You can read more about this story at Dangerous Displays: Not Just Child's Play.

Retail stores have a duty to maintain their premises in a reasonable safe manner. If the store owner / employees know or should know of a dangerous condition, measures should be taken to repair the area or post signs of the danger. I actually reviewed a case several years ago with another attorney who was handling a case with the same facts - eye injury from display hook at a retail store. Frankly, I did not realize how widespread a problem this was until I read the story by Stephen Stock. It is important to report the dangers of these hooks and injuries to retail stores so that measures can be taken to prevent injury to others in the future. It is also helpful to have the assistance and counsel of an experienced Jacksonville Florida personal injury attorney should you or your child suffer an injury as a result of the display hooks.

A Jacksonville Florida day care center (Kids Creation Day Care) was caught by local officials cramming 38 children in a bus / van with a capacity for 15 children. An employee at Chuck E. Cheese observed the overloaded bus / van and called the police. The employee should be commended for identifying the problem and contacting officials. Too many day care centers and school place Jacksonville Florida children at danger and at risk for injury and death by overloading bus / van transportation. There is no excuse for such acts. Get another van. Pay the money and protect the children. It is fortunate that there were no auto accidents resulting in injury. If you see a problem with the transportation of children by any day care center, school, or other group, call the police. You can read more about this story at Florida Day Care Center Faces Fine After Cramming 38 Tots in a 15 Passenger Van at the AHN (All Headline News) Website by Linda Young.

Toys can be fun and bring happiness to a child. . . then again, toys can be dangerous and turn a happy moment into a tragic one. A private watchdog group released a report as to the unsafe toys for 2007. A quick review of this list may save you and your family the heartache, pain, and bills related to injuries from these unsafe products. You can review an article regarding this list at 2007 Unsafe Toy List

A recent editorial opinion written in the Florida Times Union covered a program that rated local Jacksonville Florida day care centers on a five star system.

As stated in the article, I also agree that the more information that a parent has - the better. It is important for parents to research and gather information regarding day care centers, schools, sport leagues, music schools, tutoring businesses, and all other entities that purport to care for, teach, or supervise children. Parents who retain my firm for a personal injury matter are often surprised to find out the history and track record of the at fault day care programs and other entities. It is important to be proactive before an injury takes ever takes place. If you have any questions about an injury at a day care center, school, park, sports, league, or other entity where a Florida child was injured, it is helpful to contact a Jacksonville Florida Child Injury Lawyer for consultation, advice, and representation. The laws and insurance issues can be quite complex and it is vital to have legal representation to enforce and protect the rights of the injured child. You can read more about the Jacksonville Florida Times Union editorial at Child Care Ratings - Parents Need Good Info.

Matt Coleman, writer for the Jacksonville Times Union newspaper, posted an article about recent auto accident deaths on Jacksonville Florida roadways.

Donald Jones, age 74, died as a result of a collision with a semi tractor trailer driven by Chadwick Hendrix, 37, who turned into the path of Donald Jones. Mr. Jones was pronounced dead at the scene. Since there was a death, the Jacksonville Sheriff's Office will conduct a full homicide investigation. It appears that Mr. Jones had the right of way and that Mr. Hendrix should have waited for traffic to clear before attempting his turn. Mr. Jones should have been wearing a seat belt according to Florida law; nevertheless, his family can still pursue a wrongful death case due to the negligence of Mr. Hendrix.

Another accident resulted in the death of a Mary Aguirre, 49, of Phelan California. Erika Schaper, 25, was driving south on Florida 9A, a major roadway in Jacksonville, Florida, when she hoped over the grass median and struck the car driven by Mary Aguirre. Mrs. Aguirre was pronounced dead at Shands Jacksonville Hospital. Dean Aguirre was a passenger in the vehicle and suffered serious injuries received treatment at Memorial Hospital Jacksonville. The Florida Highway Patrol will be conducting a homicide investigation regarding this accident.

State officials are trained to conduct homicide investigations. It may also be helpful for the families to retain a Jacksonville Florida personal injury attorney to investigate these matters as well. A trained and experienced private accident reconstruction expert may provide additional information to assist families with insurance claims for injuries and deaths caused by the negligence of others in Jacksonville Florida automobile accidents and trucking accidents.

A Clay County Florida teen, Wesley Whiddon, 17, died as a result of injuries sustained after being hit by a train.

Wesley and friends were fishing on a bridge on private property over Black Creek when a train approached the area. Two friends were able to avoid the train. Wesley did not. Although Wesley was a star football player - he was not match with the train. Investigation is under way regarding this incident. Mary Maraghy, a Jacksonville Times Union reporter, wrote that the No Trespassing Signs were posted in the area. You can read more about this incident at Freight Train Kills Fleming Island Florida Youth. Child deaths like this one are especially tough for the family, friends, and community. Wesley was well liked and had a bright future ahead of him. The tragedy ended a life on unfulfilled potential.

Florida has developed various laws that apply to both the civil and criminal aspects of an automobile accident. In order to encourage all drivers and passengers to an accident to communicate with a police officer, Florida put in place the doctrine of the Accident Report Privilege. Under this doctrine, the statements made to a police officer are generally inadmissible for use in a civil or criminal trial.

There is one major exception to this general rule. If a police officer suspects that a driver was driving under the influence (DUI) or committed another crime related to the accident, the police officer may then proceed forward with a criminal investigation. Statements made during a criminal investigation may be held against a Defendant if the police officer complied with the Miranda Warnings by reading the suspect his or her rights. You can read more about the statutes pertaining to accident reports at the Florida Statutes Web site at Duty to Give Information and Render Aid - Florida Statute Section 316.062.

Crimes are committed on a computer everyday in Florida and other States. While the computer can be a great and useful tool for personal and business purposes, the computer can also be a weapon. A Missouri mom was recently indicted for her role in a My Space scheme that ultimately led to the unfortunate suicide death of a teenager. Linda Deutsch with the Associated Press reported on the recent events at the Time Magazine web site. You can read more about this case at Mom Charged in My Space Suicide.

Parents as well as children can cause a great deal of problems without even leaving the house. I remember a line from the Spiderman movies, "With great power . . . comes great responsibility." This quote should be kept in mind when using the computer and internet.

The Florida Medical and Custody Power of Attorney form / document that I use in my practice is a valuable tool for parents, grandparents, and other caregivers. I prepared this document for my sister in law and brother in law when they went out of town. They live in South Florida and were going out of the country for a few weeks. I prepared the document and e mailed it to them for their signature. I have also prepared these documents for many parents and caregivers in Jacksonville, Florida who are taking vacations or going out of town for business. The Florida Medical and Custody Power of Attorney form is also a helpful tool for relatives and others who regularly take care of a child.

The document gives authorization to a grandparent, other relative, or other caregiver to make decisions regarding medical care and other custodian responsibilities while the parent / guardian is out of town or otherwise unavailable. Broad or limited powers can be provided by this document. While some medical providers will provide care without any such legal document, other medical providers are quite particular about the authority to receive medical information and make medical decisions regarding a child. If you need a Florida Medical and Custody Power of Attorney document prepared or reviewed, please contact a guardianship and probate attorney.

Florida deaths resulting from drunk driving have fluctuated over the years. In 1983, the percentage of alcohol related deaths peaked while the lowest number of deaths was reported in 1997.

Almost 30 % of the deaths in 2006 involved drivers with a Blood Alcohol Content of .08 or higher. You can read more about these statistics atFlorida Death Statistics Involving Drunk Drivers.

In Florida, the percentage of alcohol related fatalities peaked in 1983, while the actual number of alcohol related deaths peaked in 1986 and the lowest number of drunk driving deaths occurred in 1997. In 2006, out of all traffic fatalities, 29% involved a blood alcohol concentration (BAC) of 0.08 or higher, with 959 fatalities, which was a big drop from the year before.

Soccer is a great sport in Florida. Children of all ages and adults enjoy soccer. My kids have played soccer in various parks in St. Johns, Duval, Clay, and other counties throughout Florida. Most Saturdays, you can find many soccer games being played. While soccer is a fun sport, it can also be dangerous especially when soccer goals are not anchored for safety. Some soccer goals can weigh a few hundred pounds. When a soccer goal falls on a child, serious injury and death can even occur. To promote safety and awareness of this problem, a non profit group publishes a web site called www.anchoredforsafety.org. I thought that the site is a good reference tool that educates the Florida parents and the public about soccer goal related injuries and safety measures.

Jacksonville Florida has great weather and waterways. While boating can be fun and enjoyable, it can also bring about tragedy and death.

George Rosborough, age 19, was killed and Kimberly Anaheim, age 18, was seriously injured in a recent boating accident in Durbin Creek. The location of the accident is just a few miles from my home. The boating accident also involved Kyle Broberg, age 18. who was operating a 16 foot open jet boat. The Florida Wildlife Commission is investigating the incident. The accident victims were all young which may be an indication (in part) of limited experience and poor judgment. Since there was a death and serious injuries, a full investigation will be completed. Like a Jacksonville Florida automobile accident, civil liability will be predicated on negligence. Navigation laws and rules, of course, will control rather than traffic laws and rules. Since this incident involves boating laws, insurance laws, and a host of other issues, it may be helpful for each person to secure the services of an experienced Jacksonville Florida personal injury attorney for guidance and possible representation. You can read more about this tragic boating accident at Jacksonville Florida Man Killed in Boating Accident.

For the protection of your Florida children and family, I would advise you to avoid drinking out of glasses and cups at Hotel Rooms. A hidden camera investigation at some Atlanta hotel rooms revealed some unsafe and disturbing practices. You can watch the video of these practices by clicking here. The video only confirms my suspicions about various hotel practices. Bring your own cups the next time you go to a hotel.

While a hotel may give you the impression that the glasses are clean, housekeepers as depicted in the linked web site frequently take short cuts. This goes the same for the bedspreads and comforters possibly even the towels.