Florida Child Injury Lawyer Blog

Parking lots can be a dangerous area for children especially when a negligent driver hits the driver. Dakira Lykes, age 3, was struck by a car driven by Stephen J. Marzetti. Marzetti apologized at the scene of the accident but then took off. He was later located outside of a store on Blanding Boulevard and then arrested for leaving the scene of an accident. He was also charged with possession of marijuana.

Young children do not always have good safety judgment. As such, drivers should be extra careful when driving in an area with children including but not limited to apartment complexes, malls, shopping centers, schools, churches, and residential neighborhoods.

A Florida Child Injury Lawyer can help investigate the accident and pursue compensation for medical bills, pain and suffering.

The Florida legislature passed an Anti Bullying law for the protection of children in Florida public schools. The Florida law requires that schools set up procedures for reporting and dealing with acts of bullying. Schools have until December 1, 2008 to establish such procedures. The Florida Anti Bullying Law itself does not provide a civil remedy per se against a public school, day care center, summer camp, teacher, employee, student, or parent for acts of bullying. Since the law is new, it is difficult at this time to predict how the law will be interpreted or enforced. When dealing with most child injuries in the State of Florida, negligence standards apply in most cases. In other words, there must be a duty, breach of duty, causation, and damages to recover monetary damages / compensation for injuries sustained by a child. Dog bites in Florida are subject to their own statute. If a child is bitten by a dog, the owner is strictly liable for the damages or injuries. Negligence does not have to be proven for a dog bite case. For other cases including bullying cases, I believe that the negligence standards would still apply. When dealing with any child injury in Florida that is caused by the fault or negligence of a business, government entity, or person, it is helpful to have the advice and counsel of an experienced Florida child personal injury lawyer to guide you through the laws and represent your child's interests.

A disturbing incident took place in Ponte Vedra Florida recently. Ponte Vedra is located just South East of Jacksonville. It is a nice place to vacation and live with great beaches, restaurants and homes. Unfortunately, the Ponte Vedra Inn and Club was the site of the arrest of Andrew Warren Hahn, 24, who was charged with video voyeurism for taking photos of a 3 year old and 8 year old in the locker room. Mr. Hahn was confronted by the father of the children and later apprehended by security guards. He was later arrested by the Jacksonville Sheriff's Office. It appears that Mr. Hahn's cell phone will be a primary piece of evidence for the criminal case.

As a parent and Florida child injury lawyer, I am most concerned about the actions of Mr. Hahn and will advise parents to stay close to their children in any situation where strangers may be present to commit lewd acts.

The events at the Ponte Vedra Inn and Club should prompt parents to stay close to their children and to ask any questions when something unusual takes place. The father of the children did a good job of confronting Mr. Hahn and getting the security involved to apprehend him. Hopefully, Mr. Hahn had not done this in the past at the Ponte Vedra Inn and Club. Obviously, if the evidence confirms the allegations, Mr. Hahn should not be allowed back in the club or around children for that matter.

You can read more about the incident at the St. Augustine Record at Jacksonville man arrested on video voyeurism charge

Sidewalks can be dangerous in busy cities. In New York, a series of accidents caused injuries to several people who were minding their own business walking on the sidewalks. Cars veered from the roadway and hit pedestrians on the sidewalk. It is impossible to predict such an accident. However, it shows that people should be alert to the dangers of bad drivers even when they are safely on the sidewalk. You can read more about these accidents in an USA Today article - Car Hits NYC Pedestrians for 4th Time in New York.

In Florida, roadways in Jacksonville, Orlando, Tampa, Fort Lauderdale, and Miami can be quite crowded. In some sidewalk accidents, alcohol plays a factor in the accident. If a person gets behind a wheel after drinking and plows over pedestrians in a sidewalk, that person will be subject to punitive damages in the civil case as well as criminal charges in a criminal case. There is no excuse whatsoever for such conduct especially when the victim is an innocent child.

A Florida ATV (All Terrain Vehicle) crash resulted in the death of William B. Coburn, a 9 year old, from Starke (Bradford County), Florida. The driver, Nathaniel D. Ryan, age 26, was driving the ATV on private property according to a Florida Highway Patrol Spokesman. I am completing a case involving a 9 year old who fell off an ATV in North Florida. The facts are strikingly similar to the facts involving William B. Coburn. In handling these legal matters, the following issues should be addressed by the Florida Child Injury Lawyer representing the family of the injured child:

1. Who owned the ATV?

2. Did the child have the permission of his parents to ride as a passenger on the ATV?

3. What was the estimated speed of the ATV? (An accident reconstruction expert may be needed to determine speed and other aspects of the crash.)

4. Was the child wearing a helmet? (I previously posted an article regarding Florida Helmets and ATVs in February 2008.

I grew up riding an ATV on my father's plant nursery in South Florida. The terrain was flat for the most part and we did not go off the property of the nursery for any serious riding. Even on the flat surface of the nursery grounds, the ATV did flip on occasion due to speed and the design of the ATV.

Liability insurance including homeowner's insurance covers injuries and deaths related to ATV crashes. Child injury cases can be complex and it is helpful to have the advice, counsel and representation by a Florida child injury lawyer to make sure that the rights of the family and the child are protected and enforced.

Every day on Florida roads, children are injured as a result of an automobile accident. Many accidents result from the negligence of the driver of an automobile, truck, or motorcycle. Children cannot be held liable for any part of the negligence if the child is not driving. Typically, children under the age of 16 are not driving and are innocent victims of negligent drivers. Questions often arise as to insurance coverage and responsibility for medical bills, pain and suffering, and the loss of enjoyment of life for the child. In addition, parents have related claims for the loss of services and support as a result of the child's injuries. As a Florida child injury lawyer handling automobile accident cases, I am familiar with insurance requirements and claims as well as the litigation or lawsuits involving these cases. Children in Florida have unique legal rights that must be handled properly. In addition, the medical needs of a child greatly differ from that of an adult and it is important for the child to be treated by a doctor who is experienced in treating injured children. From a legal standpoint, it is important to get legal representation early in the process so that no rights are waived. Insurance companies and their adjuster and attorneys have an unfair advantage over the average consumer and it is important for the family of the Florida injured child to even the playing field by retaining legal counsel to advise, protect, and enforce the rights of the injured child.

Florida public and private schools, day care centers, and summer camps are responsible for teaching and supervising our children. Parents and caregivers rely on public schools and private businesses to watch over our children. While schools are not responsible for every injury or problem that arises, Florida schools and their employees, agents, and even volunteers are responsible for injuries to children that are caused by negligence.

Negligent supervision in the setting of a Florida school, day care, or summer camp requires the following elements:

1. The existence of a teacher-student OR counselor - camper relationship giving rise to a legal duty to supervise the child;

2. Negligent breach of that duty (failure to act reasonably under the circumstances); and

3. Causation of the child's injury by the teacher's / counselor's negligence.

Each case should be evaluated based on its own facts and an analysis of the applicable Florida statues and Florida cases on point. As a child advocate and a Florida child injury lawyer, I know that the safety, welfare, and health of the child are all important. Parents of an injured child can greatly benefit by educating themselves of their rights and responsibilities under Florida law. A Jacksonville child injury lawyer can review the case which may include but would not be limited to evaluating the site of the injury, researching the law, reviewing medical records and bills, and working with safety experts and others to determine the cause of the injury.

A recent Hawaii verdict for $700,000 should cause concern for schools, day care centers, churches, and other groups that take field trips within the community, the State of Florida, and abroad. Teresa Cleary, a chaperone on a cheerleading field trip, was charged with the responsibility of chaperoning and supervising the children on a trip to Hawaii. One of the students on the trip (an 18 year old) fell from a balcony to her death. There were reports of drinking prior to the incident. While an incident like this is uncommon, the verdict serves as a "wake up call" to all parents responsible for the health, safety, and welfare of children on a field trip. While it is important to have fun, see the sites, and have an education, the safety of the children is the most important thing when traveling with children. This applies to a field trip around the corner as well as trips to other countries.

The liability of a chaperone is similar to that of a teacher or neighbor watching your child. You can read more about the legal requirements for such a case in Florida by going to my article at Negligent Supervision in Florida by Teachers and Other Adults at Schools and Summer Camps: Do I have a legal case?

Summer camp is a tradition in Florida and the United States. Whether your child goes to a day camp or sleep away camp, there are great benefits to summer camp. The goal of summer camp is to enrich the lives of your children. Unfortunately, unexpected events like personal injuries, fractures, lacerations, head injuries, and drownings take place in summer camps. Some can be avoided with better safety measures, supervision, and judgment. Other incidents cannot be avoided. Pediatrics - The Official Journal of The American Academy of Pediatrics published an interesting article / study on injuries in summer camps at Illness and Injury Among Children Attending Summer Camp in the United States The study noted that some activities like horseback riding and capture the flag resulted in a higher incidence of injury.

A 10-year-old East Palatka boy was seriously injured hospitalized at Shands Gainesville Florida following a shooting involving a 14 year old family friend. THe home which is located on County Road 207 A in East Palatka is the site of the investigation of this tragedy. This Florida child's gun shot injury was caused the the mishandling of a 9 mm pistol.

In Florida child shooting incidents, there are usually a variety of Florida civil and criminal laws that may apply. As such, it is helpful to have a Florida criminal lawyer and / or a Florida child injury lawyer in place to discuss the respective rights and responsibilities.

In Florida, a person can be prosecuted for exposing another person to person injury by "storing or leaving a loaded firearm within the reach or easy access of a minor (child under the age of 16), if the minor obtains the firearm and uses it to inflict injury or death upon himself or any other person." See 784.05, Florida Statutes Regarding Liability for Injuries to a Child Resulting from a Gun Shooting. This section does not apply to the following situations:

1. The firearm was stored or left in a securely locked box or container or in a location which was reasonably believed to be secure or was locked with a trigger lock;

2. If the minor obtains the firearm as a result of an unlawful entry by any person;

3. Target or sport shooting accidents or hunting accidents; or

4. To members of the Armed Forces or police or other law enforcement with respect to firearm possession by a minor which occurs during or incidental to the performance of their duties.

Under this Florida statute, there is also a 7 day waiting period for the arrest of a family member who accidentally shoots a minor child.

There is a good web site that provides valuable resources and tips regarding Common Sense About Kids and Guns.

James Vincent Lehosit, of Jacksonville, Florida died recently in an automobile accident in Clearwater Florida. Another driver (Casey Felix Schwartz) reportedly failed to stop at a signal light and struck the vehicle occupied by Mr. Lehosit. The impact and trauma from the crash caused the death of Mr. Lehosit. Clearwater police are investigating the accident. Charges are pending further investigation which may include driving under the impairment and manslaughter.

While the Clearwater Police will be conducting its own investigation, it may be beneficial to have a private accident reconstruction expert or a Jacksonville personal injury attorney to piece together the accident. The vehicles should be placed in a secure compound or towing area pending this investigation.

Traffic signals should be obeyed for the safety of everybody. Saving a few minutes just to push through a light is not worth it. It is certainly not worth injury or loss of life. Unfortunately, many automobile accidents, trucking accidents, bicycle accidents, and pedestrian injuries result by the failure of a person to obey rules of the road and traffic devices.

Traumatic child injuries in Florida including automobile accident, falls, sports injuries, diving injuries, trampoline injuries, and violent injuries (gun shots / stabbings) account for most spinal cord injuries. The spinal cord consists of a bundle of nerves that carry messages between the brain and the rest of the body. Most spinal cord injuries occur in the neck ( cervical ) region. According to the Children's Hospital Boston, there are a variety of symptoms that can be associated with a spinal cord injury. You can read more about this topic at My Child Has Spinal Cord Injury - Causes, Symptoms, and Treatment.

Legal matters and representation of a child with a spinal cord injury can be quite complex. There are a variety of issues to address including but not limited to liability ( fault ), causation, automobile insurance, homeowners insurance, business insurance, health insurance, medical bills - past and future, medical treatment, life care plans, surgery, guardianship, settlement, annuity purchase, loss of support and services for the parents and guardians, and other issues. Whether a child sustains a spinal cord injury or lesser injury, it is helpful to have the advocacy and advice of a Florida child injury lawyer / attorney for these matters.

Florida children acquire or are inflicted with traumatic brain injuries from automobile accidents, playground incidents, day care injuries, slips and falls, sports related injuries, and other causes. Some refer to traumatic brain injury (TBI) as a brain injury or head injury. Traumatic brain injury is caused when sudden trauma damages the brain. Traumatic brain injury occurs when the head suddenly and violently hits an object or when an object goes through or pierces the skull and damages the brain tissue. Symptoms for traumatic brain injury can range from mild to moderate to severe. Some victims of traumatic brain injury experience loss of consciousness and others do not. Other symptoms of traumatic brain injury include the follows: headache, light headedness, dizziness blurred vision, tired eyes, ringing in the ears, bad taste in the mouth, mood change, lethargy, change in sleep patterns, memory problems, concentration problems, attention, and thinking and cognitive defects.

Some children who sustain a traumatic brain injury are affected for life. Since the brain is very fragile, treatment for traumatic brain injury can be quite limited. It is important to get evaluation and treatment for traumatic brain injury by professionals including but not limited to neurologists, neurosurgeons, psychologists, psychiatrists, and / or neuro-pscychologists. The National Institute of Health has some good resources and information for traumatic brain injury at Traumatic Brain Injury - Hope Through Research.

Laura Weathers, a medical doctor and Tampa Tribune writer, posted a good article on How Can I Protect My Child from Burn Injuries? Dr. Weathers pointed out that burn related injuries are ranked third (behind drownings and auto accidents) for deaths for children ages 1 to 4 according the to CDC ( Center for Disease Control). Dr. Weathers also noted that burn injuries often take place in the kitchen and bathroom. You can read more about this topic and Dr. Weathers' tips for avoiding these injuries at How Can I Protect My Child from Burn Injuries?

Diligent adult supervision can avoid most of these injuries. Parents should pay close attention to the advise in Dr. Weathers' article. In addition, caregivers, day care workers, and other adults charged with watching children should pay close attention to the advise.

After an injury takes place, it may be helpful to contact a Jacksonville Florida child injury attorney to determine your child's rights for a possible claim against a homeowner, day care center, school, and / or others.

Crocs are great, convenient, and relatively inexpensive shoes. Kids in Jacksonville Florida and across the nation wear crocs and love them. Unfortunately, there are reported incidents where children in Crocs have suffered personal injuries on escalators. A recent incident took place at the Atlanta Hartsfield Airport when 3 year old Lexi Pregliasco had her foot trapped on an escalator. The foot was trapped for 15 minutes (according to her mother) before airport officials could get it loose. Lexi was later diagnosed with three fractured toes which required surgery. There is a video posted at the WJXT News 4 Website that covers this incident - Girl, 3, Injured on Airport Escalator. There have been other reported incidents of Croc Escalator injuries as well.

Kathy, the author and founder of www.safemama.com, also wrote an article about Crocs and Escalator Injuries. www.safemama.com is a good resource to check out safety issues, product recalls, and child health matters.

Motorcyclist Bruce W. Gibbs was killed in a car crash in Jacksonville Florida. According to Florida Times Union Reporter - Dana Green - Betty Wilharn did not stop at a red light on Ortega Hills Drive. As a result thereof, Ms. Wilharn's car drove into the path of a pickup truck which was pushed into the path of Mr. Gibbs' motorcycle. Mr. Gibbs died on the scene. Mr. Gibbs was not wearing a helmet but this fact would not bar Mr. Gibbs' family in a civil suit for his wrongful death. While Florida has a motorcycle helmet law, there are exceptions to this law that in some cases would exclude any evidence of the failure to wear a helmet.

Many motorcyclist are very careful when riding their motorcycles. Unfortunately, negligent drivers run red lights and otherwise cause injuries and deaths to motorcyclist on Jacksonville Florida roads. A Jacksonville Florida personal injury attorney as well as a Jacksonville Florida probate administration attorney can assist in matters of this nature. At Wood, Atter & Wood, we have 6 attorneys to assist families in time of need. You can read more about the above mentioned accident at Law & Disorder: Pickup truck strikes, Kills Motorcyclist.

As a Jacksonville Florida child injury lawyer, I feel that it is my responsibility to share my experience and expertise with others not only as a lawyer but also as a safety advocate. Parents, teachers, volunteers, day care workers, and child care workers can take action to better supervise children and the playgrounds in the community. The National Program for Playground Safety is a non profit organization that promotes playground safety in Florida and other states. A Quick Checklist and other valuable tips can be accessed at the National Program for Playground Safety web site.

Unfortunately, many children are injured every year on Florida playgrounds due to defective equipment, poor maintenance, bullying, and the lack of proper supervision by adults charged with the responsibility of watching our children. If you feel that your child has been injured by negligence at a Florida playground, call a Florida child injury lawyer for advice and guidance.

The Neptune Beach Jacksonville Florida Police Department is investigating an incident of alleged gang rape of a 15 year old at a house party in Neptune Beach, Florida. Underage teens were having a party at a home in Neptune Beach. There were approximately 20 teens at the party. The 15 year old was a house guest of the family owning or renting the home rather than a party goer according to her father. At this time, the investigating officer from the Neptune Beach Police Department is having problems getting statements since most of the party goers have been in contact with lawyers who have advised their clients not to give a statement to the police. Many of the students attending the party were from a private school called the Bolles School. It does not appear that the party was an event sponsored or sanctioned by the school. As written in other posts, parents should be mindful of graduation parties and the problems created by underage drinking. You can read more about the alleged gang rape in an article written by Jim Schoettler, a writer with The Times-Union Jacksonville Florida Newspaper at Parents Stall Gang Rape Investigation.

The house party / rape incident will involve Jacksonville Florida criminal attorneys during the criminal investigation and prosecution if the Duval County state attorney decides there is enough evidence to prosecute the case. The incident may also involve Jacksonville Florida civil and personal injury attorneys if the rape victim and her family retain an attorney to pursue civil damages against the alleged rapists, their families, the owners of the home, the suppliers of the alcohol, and possibly others. It appears the entire incident may have been avoided with better supervision and the elimination of any underage and excessive drinking of alcohol.

Children in day care centers and child care centers in Jacksonville Florida and other cities are at risk for personal injury when unsafe or damaged furniture is kept in the classroom and other areas of the facility. Chairs and tables, even ones that are not that heavy, can cause severe injuries to a young child. When possible, furniture should be secured or fastened to walls or the floors. Legs to tables and chairs should be even and firmly in place to prevent tipping and collapse. Children will be children. As such, extra care should be taken to remove or secure furniture that could fall on a child. Day care operators and employees should be diligent to providing a safe environment for the children. If a child has been injured due to unsafe or damaged furniture or the negligence of others, it is helpful to have the advice and counsel of a Jacksonville Florida child personal injury attorney to enforce the rights of the injured child and the parents. I ran across an informative web site called www.thenewparentsguide.com This web site had a good article about day care centers - Choosing a Good Day Care Center. Many injuries and problems can be avoided up front by taking the time to select a good day care center that carefully monitors and controls the environment for children.

"My child was injured in a Florida Day Care Center - What can I do?" As a Jacksonville Florida personal injury attorney, I am frequently asked this question about injured children in day care centers. Unfortunately, day care center operators and their employees fail to provide a safe environment or fail to supervise children under their care. When the environment is unsafe or a child is not properly supervised, injuries and some times deaths result. Injuries include lacerations, abrasions, fractures, and eye injuries. If you suspect that your child has been injured as a result of negligence or carelessness at a Jacksonville or other Florida Day Care Center, call a Florida child personal injury lawyer to represent and enforce your child's rights.

If injuries resulted from negligence or carelessness, compensation can be pursued for the child's mental pain and suffering and loss of enjoyment of life. In addition, parents can be compensated for the loss of services and companionship of the child.

The Florida Department of Health provides a good overview of child care centers and the required inspections and requirements for these facilities. There is also good information on reporting deficient child care centers. Go to Florida Child Care Center Overview for more information.

Teenagers are committing crimes every day on their cell phones and the Internet in Jacksonville Florida and other communities around the United States. Because of these acts, some teens may need a criminal attorney to defend them while others may consider hiring a civil attorney to pursue damages for the heinous acts of posted nude photographs on the web and e mail the photographs to others. Posting photographs of a teen's boyfriend, girlfriend, or (in many instances) the ex has landed many in hot water. You can read more about the poor judgment and criminal acts of teens at Naked Photos and E Mail Get Teens in Trouble. It should emphasized that the children are the victims of this crime. What may seem humorous to one teen is really a nightmare for others. As parents and guardians of our children, we should do everything we can to monitor and stop this kind of behavior.

A picture speaks a thousand woods. This saying is especially true for an auto / bicycle accident that took place in Monterrey Mexico. A drunk driver fell asleep at the wheel and crashed into a group of bicycle racers. One bicycle racer was killed and many others suffered personal injuries as a result of the negligence of a drunk driver. The photograph in this month's newsletter is amazing and tragic. Take a look at the photo and this month's newsletter, read my comments, and send me an e mail with your thoughts.

A 9 month old girl was run over and killed by a GMC Van in St. Augustine, Florida According to First Coast News, the child crawled out of her house and behind the van. The van driver did not see the child but felt a bump as he backed up the van. The driver stopped his van, got out, and saw that he hit a child. 911 was called to the scene and rushed the child to Flagler Hospital. Unfortunately and tragically, the child could not be saved. This tragedy shows the importance of keeping a toddler and all children for that matter safe. Doors and other exits should be secured or closely monitored. Furthermore, it is important to be extra careful when backing out of residential driveways especially in those neighborhoods with many children. It is a said day for all involved in this incident. Police will conduct a more detailed investigation before making any decisions if a crime took place by any of the parties to the incident.

Driveway deaths and injuries are tragically quite common in Florida and the rest of the United States. Government and private studies have estimated 1000s of driveway or backing incidents each year. Young children and toddlers are often times the victims of these incidents. You can read more about at the United States Department of Transportation - National Highway Traffic Safety Administration study.

Many drivers on the road believe that they have "full coverage" if they are in an automobile accident in Jacksonville Florida. In reality, the concept of "full coverage" is misleading. In Florida, a car owner must have property damage and Personal Injury Protection otherwise known as PIP.

Property damage will pay for the other driver's property damage if you are at fault. PIP typically covers 80 % of your accident related medical bills up to $10,000. All other types of coverages including Uninsured Motorist or Underinsured Motorists is optional. If you are hit by an uninsured driver, there is no insurance in place for your pain and suffering or loss of enjoyment of life if you do not have Uninsured Motorist or Underinsured Motorist coverage. You cannot purchase UM coverage the day after an accident and have it apply to the accident related injuries. As such, I highly recommend that each person (who can afford it) have UM coverage in place. There are too many uninsured drivers out there on the roads. If you have a question about your policy or UM coverage, it is helpful to contact a Jacksonville Florida personal injury attorney. I have handled hundreds of automobile accident claims and I am quite familiar with the insurance process and the difference between adequate and inadequate coverage. Contact me if you have any questions about insurance coverage and any other aspect of an automobile accident matter.