Florida Child Injury Lawyer Blog

Day Care Centers have a duty to provide children with a safe living environment. A Jacksonville Florida Day Care Center was recently shut down after a Jacksonville Sheriff's Office raid for drugs. Apparently, the Day Care Center's owner knew that her son was dealing drugs out of the house and did nothing about it. There are all kinds of dangers associated with selling drugs out of a house which would include the danger of a child ingesting the drugs, drug violence, and fires that are common with meth labs. You can read more about this Day Care Center that Police Raid Day Care, Arrest 2 On Drug Charges in Jacksonville, Florida.

Day Care Centers are frequent sites of preventable injuries to children in Florida including fractures, bruises / lacerations, head injuries, and injuries inflicted from other children and day care workers. If your child has suffered an injury at a Day Care Center, it is helpful to have the advice, consultation, and representation from an experienced Florida Child Injury Lawyer / Attorney.

ATV (All Terrain Vehicle) accidents and injuries to children are preventable in Florida and elsewhere. Injuries from ATV accidents include fractures, abrasions, lacerations, head trauma, and in some instances death. The Daily Mail, a New York based website, reported that " a recently released government report indicates that 555 Americans — including more than 100 youth — died from injuries sustained in all-terrain vehicle accidents nationwide last year. The Consumer Product Safety Commission further revealed that an additional 146,600 people received emergency room treatment for ATV-related injuries in 2006 (the most recent year numbers are available for).

The report also noted the top 10 states for ATV fatalities between 1982 and 2006. In order, they are Pennsylvania, 420; California, 418; West Virginia, 398; Texas, 386; Kentucky, 367; <strong>Florida, 349; Tennessee, 322; New York, 303; North Carolina, 297; and Michigan, 296."

The Daily Mall posted a good article on the use and dangers of ATV at ATV Accidents Are Preventable.

Injuries caused by ATVs are often times covered by homeowner's insurance of the owner of the ATV. If your child is injured on the ATV of another person, contact a Florida child injury lawyer / attorney for advice, consultation, and representation.

A 10th grade high school football player, Milton Johnson - age 15, was recently injured during practice at Baker High School in Glen St. Mary, Florida. A news story (Baker County High School Wildcat Football Player is Critical) by Jim McGauley of the Baker County Press reported that that the injury may have resulted from Milton being struck in the neck region by another player's shoulder. Milton was transported to Shands Jacksonville Trauma Center in Jacksonville, Florida where he was placed on a ventilator.

Serious injuries result from Florida pop warner and high school football as well as other contact sports every day. These injuries are part of the risks of the sport. In some instances, sport related injuries can be avoided with proper training, instruction, and supervision. In other instances, the injury is an unfortunate result of timing and body positioning.

Tropical Storm Fay claimed the lives of many including Issac Kiser, a 2 year old boy from Charlton County. The family was without power and the Grandfather went to refuel the generator. The Grandfather did not know that Issac was following him. When the Grandfather returned to the house, the family noticed that Issac was missing. Issac was found in a pond near the house that was dried up prior to Tropical Storm Fay. Issac was transported to Wolfson Children's Hospital in Jacksonville, Florida. The family has set up a memorial fund at the Southeastern Bank in Folkson, Georgia called the Issac Kiser Memorial Fund. Swimming pools, lakes, ponds, canals, and even oversized puddles pose a danger of injury and death to a toddler. To the extent possible, family members and caregivers should do their best to supervise children under their care to avoid injury, tragedy and death.

School is back in session for most public and private schools in the State of Florida. Motorist should pay close attention to the speed zones near schools. Otherwise, a driver could get a speeding citation for violation of Florida Statutes. More importantly, the speed zones are posted and established for the protection of Florida school children. School officials and crossing guards help control and direct traffic; however, children do not have the best of judgment especially as pedestrians and bicycle riders in heavy traffic areas. Be on the look out for children. Every year - children are injured while walking or riding their bicycles near schools and their neighborhoods. A Florida child injury lawyer can assist the family with the various legal issues that arise when an injury results from the negligence of others. Issues include medical bills, selection of medical doctors, insurance claims, investigation, disability, pain, suffering, and when necessary litigation and trial.

Tropical Storm Fay brought winds, rain, and many automobile accidents in Jacksonville, Florida and other areas of the State including Orange Park, St. Augustine, Julington Creek, Fernandina Beach, Amelia Island, Middleburg, and MacClenny. During bad weather, drivers have a duty to be careful and safe in the operation of the vehicle. Tropical Storm Fay certainly is not the sole reason for the automobile accidents. Wet and windy roads require the drivers operate their vehicles more carefully. Traffic and all drivers should operate their vehicles in recognition of these conditions. Drivers should give themselves more braking room and slow down any time that there is a problem with visibility. Yes, some accidents are by their nature resulted solely by an Act of God. Many others result from carelessness and driver inattention / negligence. A Florida personal injury attorney should be contacted to answer questions arising from an automobile accident. Tropical Storm or not - accident victims have a right to representation and recovery of compensation for all injuries caused by the negligence or inattention of others.

Two teenagers were airlifted to Shands Jacksonville following an accident that took place on August 19. Driver Bradley Meister (Age 17) and passenger Ashley Curry (Age 17) were injured when Bradley Meister overcorrected his driving after running of the right shoulder of the roadway on Woodlawn Road. Both teens were airlifted to Shands. The other vehicle involved in the crash was driven by Kathy McDonals (Age 40). Ms. McDonals suffered minor injuries. Trooper D.L. Myers of the Florida Highway Patrol reported the facts regarding the crash. The story was reported in the Baker County Press - Two Airlifted to Shands. In accidents like this one, there are a host of legal issues involving insurance, medical bills, and medical treatment. The airlift was very costly and will expend a good bit of the available medical benefits under the automobile policy. If you or a family member needs advice and consultation on an injury related automobile accident, it is important to hire a trainedFlorida personal injury lawyer to guide you through the process.

In Jacksonville, Florida and other areas of Florida, it can be quite dangerous to be in or near a car that is pulled off on the side of the road. On August 19, 2008, Terrance Fowler, age 36, was standing beside his car with the driver's door open when he was hit by a car driven by Maria Fonsica, age 41, of St. Augustine, Florida. This incident was reported by Matt Coleman, a writer with the Florida Times Union newspaper / web site. This death shows the importance of driving slow and moving to another lane when a vehicle is parked or disabled on the side of the road. The accident took place near Lem Turner Road and Interstate 295. The incident is under investigation by the Florida Highway Patrol. If you or someone you know has been the victim of an automobile accident, it is important to get the advise, counsel and representation of an experienced Florida personal injury lawyer to advise you of your respective rights. The death of Terrance Fowler is certainly a tragedy that the family will have to deal with especially since Mr. Fowler died at such a young age.

Thousands of children are injured every year in Florida homes. Many children are injured while visiting a friend or neighbor. Who is liable when a child is injured at the Florida home of a neighbor or friend? Homeowners have a duty to provide a reasonably safe environment for children invited to the property or who are known to visit the property. If a homeowner has a child over, the homeowner has a duty to remove hazards and dangerous conditions. In addition, depending on the age and maturity of the child, the homeowner has a duty to supervise the child. There is no Florida law granting immunity to a homeowner, friend, or even a relative who has a child inside or outside of the home.

Mortgage companies typically require that a homeowner have homeowner's insurance in place. Most homeowner's have a mortgage. As such, most homeowner's have insurance in place that will typically cover accident or negligent related injuries. Even though there is coverage in place, a homeowner's insurance claims adjuster will still investigate the claim to determine if a challenge is in order as to the liability or damage issues of the claim. Insurance adjusters are trained professionals and because of this - it is important to have an experienced Florida child injury lawyer in place to protect and enforce the rights of the injured child.

Emergency Rooms generally do a good job treating and evaluating trauma victims. The job of the Emergency Room staff is to the assess the patient and determine the level of treatment: 1. Surgery; 2. Hospital Admission; or 3. Discharge. If a patient needs immediate surgery, the patient is in the right place. This goes the same for the patient who needs to be admitted to the hospital. What about those patients who are discharged? Well, general recommendations are made with discharge instructions and possibly a referral. It is these patients who have the most problems with follow up care. Questions arise as follows:

1. Where should I go for follow up care for my accident related injuries?
2. What specialists should I see for my accident related injuries?
3. Who is going to pay for my treatment for my accident related injuries?
4. What kind of testing will I need for my accident related injuries?

The above issues are handled on a case by case basis. Most importantly, the patient should be diligent in seeking follow up treatment. It is important from a medical and legal stand point. Liability insurance companies often question patients / clients who delay follow up care or who have big time gaps in treatment and evaluation.

A Florida child personal injury lawyer can assist you with issues related to insurance, medical bills, lost wages, pain and suffering and follow up treatment. Liability insurance companies are not concerned about your health and well being. Liability insurance companies are mainly concerned with saving money. As such, the typical accident victim should not see legal advice from the insurance company or any one other than a trained Florida personal injury attorney / lawyer. I provide my clients with a free consultation regarding personal injury mattes including but not limited to cases involving Florida automobile accidents, slip and fall injuries, medical malpractice, nursing home abuse and neglect, day care injuries, child care injuries, dog bites, and playground injuries.

A 30-year-old man, James Clinton Gilmore, was recently arrested and is being held on a bond of $500,000 for a charge of sexual battery. Mr. Gilmore was at a friend's house who discovered Gilmore in the bedroom of a 13 year old with his pants at his ankles. A St. Johns County Sheriff stopped Gilmore in his car soon after the incident and arrested him. You can read more about this incident at Local St. Augustine Florida Man Charged with Sexual Battery on a Minor. This case involved a criminal matter at this time. A civil case can be filed against Gilmore depending on the facts and circumstances of the case. It typically is difficult to collect a judgment against an individual like Gilmore. Sexual assault and battery cases against churches, schools, businesses, and day cares are another story. Typically, there is insurance in place or assets available to collect upon a judgment. If you have a question about an abuse, battered, or molested Florida child, it is helpful to discuss the matter with a Florida child injury lawyer who understands civil cases of this nature.

Florida is a tourist destination for many people. Florida residents also travel throughout the State of Florida and vacation / visit many area. Florida hotels and their owners and operators have a duty to provide a safe and secure environment for their guests and visitors including children. The common areas and rooms need to be inspected and cleaned on a regular basis. If the hotel chooses to put an amenity in place like a pool, playground, or play area - the hotel must reasonably maintain the area for the protection and safety of the guests and visitors to the hotel. "What are my rights if my child is injured?" I am often asked this question and the answer depends on the facts and actions / inactions of the hotel owner, management, staff, and employees. While a hotel owner is not liable for every incident and injury on the premises, the hotel owner is liable for the injuries that were caused by negligence. To protect and understand the rights of the injured child, it is often times helpful to consult with an experienced Florida child injury lawyer.

Florida has a specific statute in place that deals with liability for injuries to trespassers. The liability of the land owner or the property owner would depend on the injured person's status as well as the conduct of the land owner or property owner. The statute does not absolutely bar liability for injuries to a trespasser but definitely puts protections in p;lace for the land owner and the property owner. You can read the statute at Section 768.075 Florida Statutes - Immunity from liability for injury to trespassers on real property

Due to the confusing nature of the statute and other applicable laws, it helpful to have the advice, counsel, and representation of a Florida child injury lawyer in premises liability matters. As basic advice for property owners, it makes sense for property owners to have signs posted, fences in place, and dangerous conditions removed from the property. As basic advice for parents and guardians, it makes sense to keep children away from unknown areas, to advise children to stay away from areas that are unsafe, to advise children to stay away from areas that they do not belong or are not invited, and to otherwise keep children safe.

Alexis Abney, age 15, was recently killed in a car crash in Jacksonville, Florida. She had family in Jacksonville, Florida and Grand Blanc, Michigan. Alcohol is believed to play a part in the accident.

In Florida, the negligent driver and the owner of the vehicle are responsible for the damages related to the wrongful death of a passenger. In addition, Florida has certain Dram Shop or alcohol related laws that protect minors and victims who suffer injuries or death due to an alcohol related incident.

News reports from both Jacksonville, Florida and Grand Blanc, Michigan showed that Alexis Abney was loved by her family and well liked by her friends. It is a tragic loss for both communities especially if the death could have been avoided. An experienced Florida Child Injury Lawyer / Attorney is able to review the legal issues related to the wrongful death of a child. You can read more about Alexis Abney at Grand Blanc, Michigan Teen Alexis Abney Killed in Florida Car Crash.

Photographs are extremely important pieces of evidence when documenting an injury to a Florida child caused by the negligence of another person or business. Most mobile telephones have cameras built in. Some camera phones are better than others. I typically advise clients to take photographs with a regular or digital camera to make sure that the photographs clearly document the injuries or the site of an accident. In my law practice, photographs have been pivotal in documenting the following:

Vehicle damage;
Intersections;
Skid marks;
Dangerous floors, parking lots, stairs, and other conditions;
Damage to barriers, trees, and roadways;
Lacerations, burns, and cuts;
Stitches, staples, and surgical incisions;
Bruises and welts;
Facial injuries;
Eye injuries;
Scarring; and
Dog bites.

If you do not have a camera, ask to borrow one or buy a disposable camera. Sometimes, the photograph is the most important evidence on a case. Of course, it is helpful to have the advise, consultation, and representation on a Florida child injury matter in order to make sure the photographs and other evidence are properly preserved and presented to support a claim or lawsuit.

According to the Florida Department of Transportation, 450 to 600 children (ages 3 to 5 years old) are killed nationwide in pedestrian traffic accidents. The impact of the child's death is felt by the parents, siblings, grandparents, other relatives, friends, and the community. Young children do not have a full appreciation of the dangers of roadways or parking lots for that matter. They also lack good and accurate judgment of time, distance, speed, and danger. You can read some helpful safety tips at the Florida Department of Transportation Website - Safety Kids.

Review the web site and materials with your child. While schools do a good job of teaching safety to our children, parents and guardians should also sit down with their children to review these basic and vital safety rules and projects.

Florida has specific laws in place as to dog bites. Whether a dog is small, medium, or large, the dog owner is liable for dog bite and related injuries. It does not matter if the dog had been the most gentle dog in the world prior to the bite or attack. The dog owner is generally liable. In most instances, the Florida dog bite injuries are insured under homeowner's insurance. Some companies have a dog bite exclusion in the policy. As such, all dog owners should review their homeowner's insurance policy with their insurance agent to make sure that there is coverage. If your homeowner's insurance company does not want to provide dog bite coverage, you may want to consider going with another insurance company. Children should be taught to ask an adult before approaching or petting any dog.

An experienced Florida Child Injury Lawyer / Attorney can guide you through insurance policies, medical bills, medical treatment, and other legal matters involving a dog bite injury.

A teenager from Canada fell to his death recently at the Grand Canyon National Park. While I did not personally see the fall, I was at the Grand Canyon when the fall took place and saw the rescue vehicles responding to the incident. The Grand Canyon is a wonderful place to visit but visitors should be cautious about walking or sitting near the edge or rim of the Grand Canyon. Approximately 2 to 3 people die each years from falls at the Grand Canyon. When visiting the Grand Canyon, other National Parks, theme parks, and attractions, visitors and especially parents should pay close attention to any natural or man made dangers. You can read more about the tragedy at the Grand Canyon at Canadian Falls to his Death at the Grand Canyon.

The death or personal injury of a Florida child is a tragedy for the family and community. This is especially true when the death was caused by the wrongful or negligent acts of another person Safe Kids was founded in 1987 by the Children's National Medical Center. This organization gathers and releases data regarding the deaths of children in the United States. While it appears that accidental child deaths have declined since 1987 in many categories, it is still troubling to see the thousands of child deaths in Florida and Nationwide caused by wrongful or negligent acts of others.

The decline in deaths may be related to education, enactment of criminal acts, improved safety awareness, improved safety equipment, and other advances in the last 20 years. Deaths in the following areas have declined since 1987:

Motor vehicle (automobile accident) occupant deaths;
Bicycle injury deaths;
Fire and burn related deaths;
Airway obstruction (choking) deaths;
Unintentional or accidental firearm (shooting) deaths;
Fall injury deaths; and
Poisoning deaths.

Statistics are meaningless when it is your child who is injured or dies as a result of the negligence or fault of another person or business. It is helpful to have a Florida child personal injury attorney review the facts and circumstances of your child's personal injury or wrongful death.

Bicycle injuries involving children as well as adults occur everyday on Jacksonville, Florida roads and other cities. These injuries take place in neighborhoods, drive ways, and parks. Children are also injured by pedal cycle incidents as well. Pedal cycles include tricycles and other toys used by children. A Wisconsin study showed over 2000 emergency room visits in one year from pedal cycle injuries. You can read more about this study at Pedal Cycle Injuries Among Children Under 6 Years Old - A Wisconsin Study. While pedal cycles seem less dangerous than bicycles, parents, teachers, counselors, and adults supervising the children should make sure that the children are riding the pedal cycle away from traffic on an even surface. In addition, helmets should be worn at all times.

Is a Liability Waiver or Release as to a Child's Injury Valid in Florida? Under recent Florida case law, these type of waivers or releases have been deemed invalid and against the public policy of the State of Florida. If possible, parents and guardians should not sign these waivers or releases. However, commercial enterprises often times will not allow a child to participate if the waiver or release is not signed. The signed waiver or release does not grant the commercial enterprise or business immunity in any manner in the State of Florida. In Applegate v. Cable Water Ski, a 5 year old was injured while being pulled on a wakeboard. The parents signed a waiver prior to the injury. A lawsuit was filed and the water ski company tried to run away from liability by presenting the signed waiver or release. The Fifth District Court of Appeal rules that such waivers and releases were invalid. The Court notes that non-profit organizations like charities and schools may be subject to different rulings than commercial enterprises. If you signed a waiver or release at Pump It Up or some other commercial enterprise or business, your child's rights are still intact. Do not be fooled or misled by the self serving forms that are written for the so called protection of these businesses. If you have any questions about a child injury, it is helpful to contact an experienced Florida child injury lawyer to review waivers, releases, the facts of the case, and your child's rights.

Who pays the medical bills when my Florida child is injured as a result of the fault or negligence of another person?

As a Florida child personal injury lawyer / attorney, I am frequently asked this question. Like many questions posed to me, I have one answer - "it depends". There are a variety of legal and insurance issues involved with such a question. One answer or solution does not cover the issue. Payment sources could include any one or more of the following:

Automobile Insurance. If your child is injured in an automobile accident, your child should be covered under your PIP (Personal Injury Protection) under your insurance policy. Bills will typically be covered at 80 %. Any bills that are not covered under PIP can be recovered from the at fault driver's insurance policy. In addition, the at fault driver is responsible for your child's pain, suffering, mental anguish, and related damages.

Homeowner's Insurance. Dog bites, trampoline injuries, slip and falls, burns, playground, swimming related, and other injuries may be covered under a homeowner's insurance policy.

Health Insurance. Even though another person caused the injuries, your health insurance should cover the accident or negligent related expenses. If you pursue a claim or lawsuit against the other person, your health insurance company may seek to be reimbursed from the settlement proceeds.

Medicaid. Medicaid would work similar to health insurance as described above.

Liability or Business Insurance. Liability and business insurance policies also pay for medical bills related to an accident or negligence taking place on the business premises or caused by an employee during the scope and course of the employment. The problem with most of the insurance companies is that they do not pay bills piece meal or as they come due. Typically, the insurance company will pay the medical bills at the completion of treatment if the insurance company concludes that the business was negligent and the bills were reasonably related to accident related injuries and treatment. As you may guess, injuries and medical treatment are often times questioned or denied by the insurance companies.

While it seems to be a simple question as to who pays the bills, unfortunately, the answers and solutions can be quite complex and uncertain. As such, it is helpful to have the guidance, advice, and representation of a Florida child injury lawyer / attorney when dealing with the bills, pain, and suffering related to a child's injury caused the fault or negligence of another person or business.

An 11 year old boy recently collapsed while at football practice at the Normandy Boulevard Sports Complex in Jacksonville, Florida. The boy was taken by ambulance to Wolfson's Children's Hospital. An autopsy was performed by the Duval County Medical Examiner but no reports or information has been released from the medical examiner's office. Heat exhaustion is one of the possible causes of death being considered. The warning signs for heat exhaustion include heavy sweating, weakness, rapid pulse, nausea, and headaches. The death of a child is tragic. There are not enough facts present at this time to determine if the death was due to anyone's negligence or if the death was just an unfortunate / unavoidable incident. Of course, the family and community are searching for answers in this time of mourning and grief. You can read more about this story at No Cause Given for Death of Jacksonville, Florida Pop Warner 11 Year Old Football Player.

While it sounds like a tabloid story, it is true - A Jackson, Alabama Preacher Killed His Wife and Put Her in a Freezer. You can read more about this story at this month's Legal Briefs Newsletter. Please click through to my newsletter link and also take a look at my other Blog posts and articles.

Hopefully, your associates, friends, and relatives do not include ones like Murder and Child Rapist Defendant Hopkins. If you are suspicious of an associate, co-worker, friend, or even relative, you can run a background check through a private investigator or an attorney. You may also want to check the suspicious person’s freezer. If you mistrust the person enough to check his or her freezer, I recommend you stay away from that person.

Of course, if you have any legal questions or issues to address, please contact me.