Florida Child Injury Lawyer Blog

Automobile accidents are every day occurrences in North Florida which includes Jacksonville and St. Augustine, Florida. These include rear end accidents, improper left turns, and running of stop signs. Horse drawn carriage accidents are far less common. Recently, a horse drawn carriage overturned in St. Augustine, Florida causing personal injuries to the passengers. Some of the passengers were visually impaired. The carriage actually overturned and pinned the passengers for a time period. Three of the passengers were taken to Flagler Hospital. Avalon Carriage Company operated the horse drawn carriage. Typically, the horse drawn carriages do not take the U Turns of the nature that was taken at the time of the incident.

In Florida, cases of this nature (while uncommon) are evaluated on the same standards as an automobile accident case. Was there negligence on the part of the driver / owner of the carriage that caused or contributed to the incident? A Jacksonville / St. Augustine Personal Injury Lawyer / Attorney can assist with these and other issues involved with a case of this nature.

In addition to considering liability issues, insurance will be an issue in handling a case of this nature. What type of liability or business insurance did Avalon Carriage Company have in place? It would appear that the City of St. Augustine would require carriage companies to have liability insurance in order to operate within city limits and to get a permit to conduct such a business. You can read more about this incident at Carriage Overturns in St. Augustine Florida - Three Taken to Flagler Hospital.

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

Posted In: Attractions & Theme Parks , Automobile Accidents , Dogs / Dog Bites / Animals / Pets

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The University of Florida is a great school. I received both my undergraduate degree (Finance) and my law degree at the University of Florida in Gainesville, Florida. Go Gators! In addition to academic excellence and a great football, basketball, and baseball team, Gainesville and the University of Florida is also well known for partying and drinking. While a good party can be fun, it can also bring about well known and unfortunate consequences in the form of underage drinking, alcohol poisoning and other injuries, DUI (Driving Under the Influence), automobile accident personal injuries, and wrongful death. The drinking age in Florida is 21. It is clear and simple. The reason for the age limit is to protect children under 21 from the dangers of alcohol. The poor judgment of a child is only amplified by the use and overuse of alcohol. A City of Gainesville Florida official wants new regulations for the issuance of business permits for establishments that serve alcohol and admit patrons between the ages of 18 to 21. You can read more about this development at Gainesville Florida Official Wants Crackdown of Underage Drinking.

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

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

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Parents often question the safety of buses carrying Florida children to school, summer camp, and on field trips. The safety of school buses is especially at issue when a child suffers personal injuries as a result of a bus / automobile accident in Florida.

Why aren't seat belts placed on school buses? According to the National Highway Traffic Safety Administration Web Site, this very issue is addressed as follows:

Why No Safety Belts?
On school buses, occupant protection is provided by “compartmentalization,” not safety belts. Compartmentalization is the name for the protective envelope created by strong, closely-spaced seats that have energy-absorbing high seat backs that protect occupants in the event of a crash.

School buses also have other features that contribute to the high level of safety they provide each occupant. Features such as emergency exits, roof structure, fuel systems, and body joint strength make the bus stronger, larger, heavier, and safer than most other vehicles on the road today.

Personally, I believe that safety belts can be installed for further safety. Then again, if there is a bus accident, this may make it more difficult for children to exit the bus.

Another safety feature that should be utilized on every school bus is "supervision". Teachers, assistants, and drivers should do their best to insure that each child is seated and safe. Unruly children and bullies should be kept in check. Give them an inch and they will take a mile.

If there is a question about a school bus or other personal injury to a child, it is helpful to have the advice, guidance and representation of a Florida child personal injury lawyer.

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

Posted In: Automobile Accidents , Child Safety , Day Care Centers and Child Care , Education , School Safety

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The year is 2008 . . . It took this long for Polk County Florida Schools to ban spanking / corporal punishment in the school system. Wikipedia defines Corporal Punishment as "the deliberate infliction of pain and suffering intended to punish a person or change his/her behavior." Corporal punishment / spanking causes personal physical injuries and psychological trauma to a child. I grew up in the 1960s and 1970s. I have vague memories of other children being paddled in the school system. I remember classmates being called to the principal's office and coming back tears and pain. It seemed old fashioned then and it seems old fashioned now. Our public school systems have problems teaching our kids reading and math. Corporal punishment / spanking should be banned.

Schools, day care programs, and child care professionals should protect the safety and well being of our children. If a child is injured due to the intentional act or negligence of a school, teacher, day care worker, or other person, consult with a Florida Child Injury Lawyer to find out your child's respective rights.

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

Posted In: Abuse & Neglect , Crimes Against Children , Day Care Centers and Child Care , Education , School Safety

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I-95 (Interstate 95) is a major highway throughout Florida and the Eastern United States. I-95 runs North and South. Unfortunately, a St. Augustine woman, Rachel Higgins, failed to obey the basic directions on I 95. She drove the wrong way on I-95 and caused the fatal accident with a South Carolina Family (Debra Baughman, Scott Baughman, Lindsey Baugman, and Aaron Baughman) who were heading to Orange Park, Florida after a trip to Disney World in Orlando Florida. Debra Baughman died and her family members suffered personal injuries as a result of this deadly automobile accident. Who would expect to be hit head on while traveling on I-95? What prompted Rachel Higgns to head the wrong direction on I-95? A complete homicide investigation should be completed by Florida Highway Patrol and / or the St. Johns County Sheriff's Office. An autopsy of Rachel Higgins may also be helpful to determine if drugs / alcohol played any part in this crash. Hopefully, the homicide investigation will provide the Baughman family with answers to this tragedy. You can read more about this incident at Family Speaks Out About Loved Ones Hurt in One Way Crash.

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

Posted In: Automobile Accidents , Automobile Insurance , Traffic Citations , Wrongful Death

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Florida scooter, motorcycle, and bicycle riders are at risk for injury and death when hit by another vehicle. This is especially true when the rider is hit by a truck. Patricia Peace, age 49, died after the scooter that she was riding was rear ended by a vehicle driven by Jonathan Pearson, age 43, of Ormond Beach.

According to Florida Highway Patrol, Ms. Peace was ejected from the scooter. The story as reported in the St. Augustine Record newspaper did not indicate the road, traffic conditions, or speed of the 2004 Dodge Ram Truck. Apparently, there was enough speed and force to cause the death.

It is also uncertain from the report whether Ms. Peace was wearing a helmet. There are obviously more legal issues involved with this matter. Newspapers do a fine job of reporting the basic facts but cases of this nature involve a host of legal issues that can be handled by an experienced Florida personal injury lawyer. Regardless of the outcome of the legal issues, the accident was a tragedy for all persons and families involved.

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

Posted In: Automobile Accidents , Automobile Insurance , Bicycle Injuries , Motorcycle Accidents , Traffic Citations , Wrongful Death

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Every day Florida children become victims of dog bites resulting in personal injuries. Some involve minor medical care and some recovery extensive medical care with surgery and extended hospitalizations. Some basic tips for the immediate treatment of a dog bite include the following:

1. Stay Safe. Separate the child and the dog. Keep the dog and child at a safe distance so that treatment can be initiated.

2. Control any bleeding by following the appropriate steps.

3. Cover the wound with a clean, dry dressing.

4. Watch for signs of infection:
*Redness *Swelling *Heat *Weeping pus

5. Contact a physician or go the emergency room.

You can read more about the above tips at How to Treat Dog Bite Injuries.

6. Make sure that the dog is under control.

7. Obtain the vaccination records for the dog if possible.

You can read more details about How to Treat Dog Bites.

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

Posted In: Dogs / Dog Bites / Animals / Pets

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A 4 year old Florida child died recently when his mother left him in the car while she had her nails done for her wedding later that day. The wrongful death of this Florida child could have been avoided with better attention to the whereabouts, safety and well being of the child.

Hyperthermia is an acute process when the body produces more heat than it can dissipate. Hyperthermia is serious problem for children and the elderly. In 2008 to date, there have been 18 hyperthermia deaths in the United States with 2 of the deaths reported in the State of Florida.

Parents and caregivers often times forget that the child is in the car. This happens in about half of the cases. About 30 percent of the reported incidents take place when a child sneaks into a car. About 18 percent take place when a child is intentionally left in a car.

All parents and caregivers should keep our children safe and promptly remove the children out of hot cars. Obviously, the simple act of leaving a child in a hot car can end an innocent life.

Day care centers, summer camps, schools, caregivers, friends, and yes parents should be diligent in getting children out of hot cars. Hyperthermia is a real danger and presents itself every day of Florida's hot summer and even at other times of year as well.

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

Posted In: Abuse & Neglect , Automobile Accidents , Child Safety , Crimes Against Children , Day Care Centers and Child Care , Medical Care & Health Issues , Wrongful Death

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Children are injured every day at amusement parks, water parks, and theme parks. Some personal injuries to children in Florida are caused by the negligent supervision of others and some by the negligent maintenance of equipment. I found a helpful and resourceful web site called www.rideaccidents.com The web site is published by Jared Costanza who has been quoted by other web site and newspapers regarding these kind of injuries and deaths. One tragic incident happened at the Superman Ride at Six Flags Kentucky where a teenage girl suffered the loss of both her feet. Six Flags was fined for the incident where several issues of maintenance were revealed.

If you or your child has suffered an injury at theme park, water park, or amusement park, it is often times helpful to have the assistance and counsel of a Florida child personal injury attorney.

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

Posted In: Attractions & Theme Parks

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In Duval County (Jacksonville) Florida there is an Animal Control Ordinance in place under Section 462 of the City of Jacksonville Code titled the Jacksonville Florida Animal Control Ordinance. The Animal Control Ordinance covers topics including dog bites, dangerous dogs, and leash law. Pursuant to Section 462.303 (Animals at-large prohibited), no owner of any dog or cat shall permit the dor or cat to be at large, except a dog shall be considered exempt from these provisions if the dog is engaged in law enforcement, hunting, or is located in a "no leash party.

If there is a problem with an "At Large" dog or a dangerous dog, you can contact the City of Jacksonville Animal Control Department.

Florida's Dog Bite Statute applies state wide and is not contingent on any of the various leash laws in place for counties and cities. Dog bite matters especially when dealing with a child have legal consequences and obligations unique to these cases. A Florida Child Injury Lawyer / Dog Bite Lawyer can assist you with these matters. Animal Control will enforce local regulations but cannot give legal advice or provide compensation for a violation of the ordinances or the State of Florida Statutes.

If you would like a copy of City of Jacksonville's Leash Law or other Animal Control Ordinances for the City of Jacksonville / Duval County or other Florida cities / counties, please contact me.

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

Posted In: Dogs / Dog Bites / Animals / Pets

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In Nassau County which includes Fernandina Beach and Amelia Island, there is an Animal Control Ordinance in place under Article III - Section 6. The Animal Control Ordinance covers topics including dog bites, dangerous dogs, and leash law. Pursuant to Section 6-45, all animals must be kept under restraint. Animal At Large is defined as any animal (excluding livestock) not under the restraint of a person capable of controlling the animal on / or off the premises of the owner. Restraint is defined as any animal secured by a leash or lead under the control of a responsible person and obedient to that person's commands, or within the real property of its owner. Hunting dogs are excluded within a designated hunting area.

If there is a problem with an "At Large" dog or a dangerous dog, you can contact Nassau County Animal Control.

Florida's Dog Bite Statute applies state wide and is not contingent on any of the various leash laws in place for counties and cities. Dog bite matters especially when dealing with a child have legal consequences and obligations unique to these cases. A Florida Child Injury Lawyer / Dog Bite Lawyer can assist you with these matters. Animal Control will enforce local regulations but cannot give legal advice or provide compensation for a violation of the ordinances or the State of Florida Statutes.

If you would like a copy of Nassau County's Leash Law or other Animal Control Ordinances for Nassau County or other Florida cities / counties, please contact me.

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

Posted In: Dogs / Dog Bites / Animals / Pets

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In Clay County which includes Orange Park and Green Cove Springs Florida, there is an Animal Control Ordinance in place under Article II - Section 4. The Animal Control Ordinance covers topics including dog bites, dangerous dogs, and leash law. Pursuant to Section 4-22, it is unlawful for any owner or keeper of an animal other than a cat to willfully or negligently allow the animal to run at large on any public property or on any private property. There are exceptions in place for hunting dogs and exhibition dogs.

If there is a problem with an "At Large" dog or a dangerous dog, you can contact the Clay County Florida Animal Control Department.

Florida's Dog Bite Statute applies state wide and is not contingent on any of the various leash laws in place for counties and cities. Dog bite matters especially when dealing with a child have legal consequences and obligations unique to these cases. A Florida Child Injury Lawyer / Dog Bite Lawyer can assist you with these matters. Animal Control will enforce local regulations but cannot give legal advice or provide compensation for a violation of the ordinances or the State of Florida Statutes.

If you would like a copy of Clay County's Leash Law or other Animal Control Ordinances for Nassau County or other Florida cities / counties, please contact me.

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

Posted In: Dogs / Dog Bites / Animals / Pets

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Florida law requires that a child under the age of 16 wear a helmet when riding a bicycle. There is no federal law in place that mandates bicycle helmets for children. Bicycle helmet laws vary from state to state. There is a good website that has a list of helmet laws state by state. Bicycle Helmet Laws in Florida and Other States.

I make sure that my child has a helmet on while riding a bicycle, scooter, or any other riding device. Repetition has made this a good habit for my children. On one occasion, we were walking our dog and my daughter (age 3) was riding in a push car. The dog took off after another dog and her leash pulled my daughter out of the riding car. The helmet literally safed her life. The helmet cracked when it hit the cement but my daughter escaped with no injuries.

If a child is injured while not wearing a helmet, it is not a bar to recovery. In other words, the at fault driver is still responsible for the injuries caused by negligence. The failure to wear a helmet may factor into the settlement or jury award but would not prevent a recovery for child injuries. It is important to consult an Florida child injury lawyer regarding bicycle injuries to make sure that your child's legal rights are protected and enforced when necessary.

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

Posted In: Automobile Accidents , Bicycle Injuries , Child Safety

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Medical studies and statistics show that dog bites are a greater hazard to children than adults. Children, who lack the judgment, experience, and intuition of an adult, do not appreciate the dangers of dogs. In addition, children are smaller and more vulnerable to the reach of a dog. While some breeds seem to be more dangerous and temperamental than others like Pit Bulls, Akitas, Doberman Pinchers, German Shepards, and others, all dogs are capable of biting a child. Florida is a strict liability State for dog bite injuries to children and adults. In other words, an owner is liable for medical expenses, pain and suffering associated with a dog bite regardless of the owner's actions or inactions and regardless of the dog's breed or history / lack of history of aggression. It is important to educate your child about dogs. Show your child how to approach a dog. Ask if it is ok to pet the dog? Ask if the dog likes children? Likes to be pet? Let the dog smell your hand first. Dogs, in some ways, are like children. They can frighten easy and are uncomfortable in new settings with new people. You can more about a medical study reported in Pediatrics - The Official Publication of the American Academy of Pediatrics atAnalysis of Dog Bites in Children Under the Age of 17.

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

Posted In: Child Safety , Dogs / Dog Bites / Animals / Pets , Homeowner's Insurance / Injuries at a Home

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In Jacksonville Florida and the rest of the State, pedestrians have designated rights and responsibilities by Florida statutes and case law. Pursuant to Section 316.130, Florida Statutes:

"Every driver (in the State of Florida) of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle and give warning when necessary and exercise proper precaution upon observing any child or any obviously confused or incapacitated person." See the Full Florida Statute Section 316.130.

Pedestrians are required to obey traffic devices, use sidewalks when present, and also use due care when approaching roadways and traffic.

I have represented many Florida pedestrians who have suffered personal injuries after being hit by a car or truck in pedestrian cases. The facts of each case must be evaluated on their own merits. Civil cases are not controlled by the opinions or conclusions of the police officer. This applies even in death cases. It should also be kept in mind that Florida is a comparative fault state. In other words, a judge or jury can apportion fault between the pedestrian and driving in determining an award for damages for personal injuries or wrongful death resulting from a pedestrian being hit by a vehicle.

Early involvement by a Florida personal injury lawyer is paramount to the investigation of a pedestrian case for a civil suit for compensation.

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

Posted In: Automobile Accidents , Automobile Insurance , Child Safety , Pedestrian Injuries , Statutory References (Florida) , Traffic Citations , Trucking Accidents , Wrongful Death

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The St. Johns County Sheriff's office recently arrested James Eugene Whaley, Jr. for sexual battery on a child. Mr. Whaley was arrested after the victim's 8 year old brother stepped up and reported the matter to a family friend. Mr. Whaley was given a place to stay by the victim's father. This case shows the dangers of leaving your children with a stranger or with a person who you do not know very well. It is unknown if Mr. Whaley had a prior record of sexual assaults on children. Mr. Whaley who is only 21 years old faces a long time behind bars for his actions if this case is successfully prosecuted. You can read more about this disturbing story at Babysitter Faces Sexual Battery Charges.

Sexual battery on children take place in a number of settings in the State of Florida including day care centers, schools, summer camps, churches, and community centers. Pursuing a civil case against an individual or business for a child injury caused by sexual abuse / battery is not always an easy task since many insurance policies do not cover the intentional criminal acts of another person. There is, however, a way around this by alleging there was negligence on the part of the day care center, school, or church for the failure to complete a background check, failure to supervise, and / or the negligent hiring or retention of the employee. If your child has been the victim of child abuse or neglect in a day care center, school, or church, contact a Florida Child Injury Lawyer for advice.