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.

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

Posted In: Child Safety , Crimes Against Children , Day Care Centers and Child Care

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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.

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

Posted In: All Terrain Vehicles (ATVs) , Homeowner's Insurance / Injuries at a Home , Wrongful Death

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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.

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

Posted In: Child Safety , Playground & Recreation Injuries , Sport Related Injuries

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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.

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

Posted In: Child Safety , Swimming Pool & Aquatic Injuries , Wrongful Death

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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.

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

Posted In: Automobile Accidents , Automobile Insurance , Bicycle Injuries , Motorcycle Accidents , Pedestrian Injuries , Statutory References (Florida) , Traffic Citations , Trucking Accidents

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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.

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

Posted In: Automobile Accidents , Automobile Insurance , Bicycle Injuries , Motorcycle Accidents , Pedestrian Injuries , Traffic Citations , Trucking Accidents

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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.

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

Posted In: Automobile Accidents , Automobile Insurance , Traffic Citations

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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.

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

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

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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.

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

Posted In: Attractive Nuisances , Homeowner's Insurance / Injuries at a Home

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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.

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

Posted In: Automobile Accidents , Automobile Insurance , Bicycle Injuries , Child Safety , Day Care Centers and Child Care , Medical Care & Health Issues , Medical Malpractice , Motorcycle Accidents , Pedestrian Injuries , Trucking Accidents

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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.

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

Posted In: Abuse & Neglect , Crimes Against Children , Day Care Centers and Child Care , Education , Sexual Offenders / Predators , Violent Crimes

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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.

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

Posted In: Attractions & Theme Parks , Attractive Nuisances , Playground & Recreation Injuries , Sport Related Injuries

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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.

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

Posted In: Child Safety , Homeowner's Insurance / Injuries at a Home , Negligent Security , Playground & Recreation Injuries , Statutory References (Florida)

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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.

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

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

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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.

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

Posted In: Attractive Nuisances , Automobile Accidents , Automobile Insurance , Bicycle Injuries , Boating Accidents , Child Safety , Motorcycle Accidents , Playground & Recreation Injuries , Slip & Fall Injuries , Trucking Accidents , Wrongful Death

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