Florida Child Injury Lawyer Blog

The National Association for the Education of Young Children (otherwise known as NAEYC) is a non-profit organization based in Washington, D.C. Pre-school programs can be accredited under a voluntary program with NAEYC. Currently, there are 14 pre-school programs accredited under NAEYC which means that the facility met criteria set forth by NAEYC for education, programming, and facilities. It takes a good deal of hard work, planning, and consistent excellence to get a program accredited under NAEYC. One such program in Jacksonville, Florida stands as a model for pre-school programs accredited under NAEYC - Michele Block Gan Yeladim (at the JCA - Jewish Community Alliance) located at 8505 San Jose Boulevard, Jacksonville, FL 32217 - (904) 730-2100. Under the direction of Theresa Levy, the Michele Block Gan Yeladim Pre-School program provides pre-school and Kindergarten education as well as after school care for these children and older children in a clean, safe, and nurturing environment. You can learn more about this wonderful early education program at www.jcajax.org. You can also search for other NAEYC accredited programs in Jacksonville, Florida as well as other cities by visiting the NAEYC Web Site. It is important for parents to research and visit a pre-school facility before enrollment.

Today's technology brings with it many innovations and decisions for parents. With GPS (Global Positioning System), parents can monitor the movement of their children. For small children, it can help a parent track the movements of their child for their safety and protection. For teens, the same purposes apply except the teen may feel that the parent is unfairly intruding on their personal lives. With GPS tracking devices, lying to a parent about being at the library will not quite work anymore unless the child cleverly leaves the GPS device at the library with a friend. I did a Google Search and found a product that appeared to be well built atwww.trackmykids.com The unit which looks like a small mobile phone or walkie talkie costs $324.00 and has a $23.99 monthly charge. The Track My Kids device can give you peace mind and valuable knowledge as to the activities of your child.

GPS devices and mobile phones with GPS technology are great tools but are not a substitute for parental supervision, teacher supervision, or day care supervision. In addition, we should always teach and remind our children of basic safety measures in talking to strangers, going with strangers, and wandering away.

Simple household and sporting equipment / objects can be deadly in certain circumstances. In Holly, Michigan, a 7 year old boy after he was accidentally hit by a friend with a child sized golf club. The children were playing in or near the garage the other boy's father was doing yard work. The injured child was taken to Genesys Regional Medical Center in Grand Banc where the child died. See Blow to Head With Child-Sized Golf Club Kills Boy, 7, in Michigan.

I have a set of child golf clubs and bats in my garage. I do my best to supervise my children when they are playing baseball, whiffle ball and other sports. Teaching children to stay a safe distance away from a bat (even in a whiffle ball game) is important. Incidents like the one that happened in Holly, Michigan are tragedies but also teaching tools that the all parents and those who supervise children should pay close attention to in supervising and instructing children on safe play.

While a death of this nature is not an everyday event, injuries from common household objects and sporting equipment combined with the negligence of others (yes, that can include the negligence of another child and / or parent) do happen everyday. These type of injuries may warrant a claim against a homeowner's insurance policy depending on the facts and circumstances. As a Florida child injury lawyer and parent, I am sensitive and quite aware of these type of incidents and all of the legal, moral, and practical issues that go along with these cases.

A 69 year old driver and his 68 year old wife were the victims of an act of road rage recently. The driver sustained a bullet injury to his arm and was taken to Baptist Medical Center South in Jacksonville, Florida for treatment. The couple noticed the pick up truck was tailgating them prior to the shooting. Apparently, the driver of the pick up truck was angry with the couple and took his "road rage" out on them by shooting at them. We do not live in a world of Grand Theft Auto which is a popular video game where the driver runs over people and shoot them. Unfortunately, there is little information available for the suspect as the couple did not obtain the suspect's tag number or even the State where the truck was from.

Road rage incidents like these are hard to prevent and predict. Since we cannot predict the intentional or negligent actions of other drivers and many at fault driver will flee the scene, it is advisable to have Uninsured Motorist insurance in place to have that added insurance coverage for injuries, medical bills, and pain and suffering caused by an uninsured, underinsured, or phantom / fleeing driver / vehicle. Stay safe on the roads. Hopefully, the rest of you will have the good fortune of keeping away from unstable drivers who have a habit of waving and shooting their guns.

Florida School Districts / School Boards have home pages on the internet. When you have a problem with a School District / School Board, it is helpful to read through the School District / School Board site and the School Board Rules. The Florida Department of Education has a Public Schools / District Home Page that has a listing for each county / district / school board in the State of Florida.

Administrators and School Board should be familiar with the rules / regulations and these rules / regulations should be followed the the school, administrators, teachers, and the district. Many disputes can be handled with a simple telephone call or conference with the teacher, administrator, or principal. Some disputes, problems, and issues require more formal action and consideration. These include issues dealing with Special Education, IDEA (Individuals with Disabilities Education Act), and IEP (Individualized Education Plans). As parents, we should educate ourselves as to the the local, State, and Federal rules / regulations to the best of our ability. Parents should serve as the child's advocate in a positive way as should the local school, teachers, administrators, principals, and the district. Before contacting teacher, administrator, principal, or school board, think through the problem. Educate yourself on the local school and school board rules and regulations. If necessary, contact a Special Education lawyer to consider your child's legal rights within the school system and the school's legal responsibilities.

Every year 36,000 injuries and some deaths result from bunk bed incidents and accidents. A recent study was conducted by the Research Institute at Nationwide Children's Hospital in Columbus, Ohio. Experts do not recommend bunk beds for any children under 6 years old. In addition, experts discourage parents from purchasing used bunk beds unless you know that the used bunk bed meets safety standards. Any parent who has a bunk bed in the house should set down the rules for the children and their friends. Even bunk beds that meet safety standards can be the site of an injury for children who are playing and not being careful. A child is not Superman, Spiderman, or Wonder Woman when playing in a bunk bed. As such, the child needs to be careful since the bunk bed is elevated at a level that can cause seriously personal injuries if there is a fall. You can read more about this topic at Bunk Bed Safety for Kids.

I previously posted two articles on a tragic semi tractor trailer and school bus accident in Marion County (Ocala, Florida).

Tragic School Bus and Semi Tractor Trailer Accident in Marion County (Ocala) Florida - Legal Rights and Issues of Injury Victims

Legal Liability for Wrongful Death and Injuries - Victims of Tragic Bus Accident / Crash in Marion County (Ocala) Florida

One child died and several others were injured. The investigation, to date, indicates that the truck driver was on his mobile cell phone just before crashing into the rear end of the school bus. Witnesses reported that the semi tractor trailer truck driver never applied his brakes before the crash. As such, it appears that the mobile cell phone may have distracted the truck driver from his responsibilities of driving safely on the street and to be on the look out for other vehicles especially those vehicles (like school buses) carrying children. Investigators will obtain the mobile phone records to further determine if the mobile phone played a role in the crash. Driver distraction is a daily problem in Florida as well as the rest of the nation. While technology brings with it many benefits, it also an added distraction to drivers on the road. It is also a distraction for pedestrians and bicycle riders. I previously posted an article about a teen who recently died when he was text messaging as he was walking down the street.
Text Messaging Can Kill Your Child - Dangers of Text Messaging While Crossing Street.

Hopefully, lessons are learned from these tragedies. For the safety of children and the community, pay attention.

Having a deaf child in the Florida school system can be a wonderful mainstream experience for your child. Then again, it can be most frustrating if the school does not take measures to properly educate the deaf child and provide necessary resources to insure the success of your deaf child in the school system. I reviewed an extensive study and article on the subject of Deaf Children and IDEA (Individuals with Disability Education Act) that was linked at the American Society for Deaf Children Web Site. Parents of deaf children often times arm themselves with education and studies in order to promote and advocate for their child's educational needs and best interests. Often times, parents need help from a Special Education Attorney ready, willing, and able to enforce of the rights of the deaf child under IDEA and related laws. Addressing the educational needs of a deaf child and other special needs children in a timely, professional and effective manner is paramount to the child's educational as well as social growth and maturity. It is also the law.

In Florida public schools, school administrations both at the school level and the school board level should be sensitive to the diversity of the students as to race, religion, gender, and economic levels. Schools should not prostelyze or promote one religion over another. In fact, public schools are subject to the legal doctrine of separation of church and state.

"Separation of church and state is a political and legal doctrine that government and religious institutions are to be kept separate and independent from each other. The term most often refers to the combination of two principles: secularity of government and freedom of religious exercise." Wikipedia provided this general description of the concept of separation of church and state.

School Boards in the State of Florida have enacted policies and procedures for dealing with religious literature and issues within the school system. In St. Johns County, Florida, School Board Rule 9.06 provides that:

"Religious literature may be distributed in schools provided organizations have been granted permission by the Superintendent. Such literature shall only be distributed through "passive" means which means the material shall be delivered to the school by the donor organization. The literature shall be placed in an accessible area designated for such purposes, where students may take the material if they so desire."

If there is problem or issue within the school, I usually recommend that parents first discuss the matter with the principal to make sure that the parents know all of the available facts regarding the situation. If the principal is not responding or taking the appropriate action, then the matter can be addressed before the school boards.

Public schools in Florida have the responsibility to teach our children. Public schools (unlike private schools) cannot and should not support or discriminate against religions.

In Davenport, Florida, Christopher Cededa, a 14 year old died, after being hit by a vehicle while text messaging on his cell phone. His friends saw the 1994 Buick and stopped. Christopher was busy sending a text to somebody and did not notice the vehicle. The Polk County Sheriff's Office stated that the woman driver probably would not be charged with any violation or traffic citation.

Technology is great but it can cause distractions for pedestrians, bicycle riders and drivers. Just like drinking and driving does not mix. Texting and walking close to roads or across roads does not mix. Christopher's death is tragic for his family and the community. His story may very well prevent other deaths and tragedies from happening in the future. Boy Dies After Collision While Text Messaging.

Frances Margay Schee, 13, a North Marion Middle School student, died shortly after 4 p.m. as a result of a rear end crash caused by a Tractor Trailer that may have some connection with CSX Railroad, a large corporation based in Jacksonville, Florida. It is interesting to note the CSX web site states that its vision is "to be the safest, most progressive North American Railroad, relentless pursuit of customer and employee excellence." If CSX had some role or responsibility regarding this accident, CSX certainly fell well short of the vision.

Nine people were taken to the hospital and two students were reported to have critical injuries. Witnesses to the incident noted that the semi tractor trailer never stopped prior to the crash. Apparently, the school bus was stopped on a clear day. The impact shoved the large yellow school bus 275 feet. A few minutes later, a series of explosions started. The tractor trailer was carrying fluorescent tubes for Home Depot. There are serious questions that arise from an accident of this nature.

*Was it just mere inattention by the driver of the tractor trailer that caused the accident or something more?

*How many hours had the driver driven in the past 24 hours?

*What was his experience in driving a semi tractor trailer?

*Who owned the semi tractor trailer?

*Who was the employer for the driver of the semi tractor trailer?

*What general laws apply to these matters?

In Florida, the driver, the owner of the vehicle, and the employer can be held liable for the negligence of the driver. Florida has a doctrine called the dangerous instrumentality rule which holds the owner of a vehicle liable if there is an accident caused by the driver of the vehicle. The owner of the vehicle does not need to be negligent. It is the ownership and control of the vehicle that imposes liability under the dangerous instrumentality rule. The employer can be held liable under the doctrine of vicarious liability. In other words, the employee is serving the interests of the employer and driving at the employer's direction and control. Under vicarious liability, the employer doers not need to be negligent. It is the employment itself that imposes liability under the vicarious liability rule.

It is important to have a Florida Child Injury Lawyer / Attorney review the facts, legal issues, insurance issues, scene investigation, corporate issues, employment issues, and other factors in cases of this nature. It appears from the initial reports that the driver of the semi tractor trailer could have prevented this accident by paying attention to the road, driving at a safe speed, and maintaining a safe distance from the yellow school bus.

Can a grandparent or other relative be sued for negligence when a Florida child is injured? The simple answer to this question is "Yes". Florida does not provide immunity to grandparents and other relatives when a child is injured or dies as a result of the negligence of a grandparent or other relative. I have been involved in cases where a grandparent or other relative was negligence and this, in turn, caused personal injury or death to the child. As a Florida child injury lawyer / attorney, these cases are especially difficult to handle from an emotional, social and legal standpoint. Grandparents and other relatives not only suffer the guilt of causing such an injury but are also exposed to civil liability for the resulting pain, suffering, mental anguish, and economic expenses (medical and funeral bills) associated with the injury or death. I do not believe that immunity should be granted to relatives as all persons involved with the care and supervision of a child should be held to the same standard. The fact that a person is related to the child should not excuse negligent conduct leading to serious personal injury or death of a Florida child.

A tragic happened took place in Ocala (Marion County) Florida on U.S. Highway 301 near 155th Street. The trailer appeared to be a CSX vehicle while early reports did not indicate where the yellow school bus was from. There were 23 people on the school bus. Florida Highway Patrol reported that both vehicles caught on file. There are several legal issues involved in an accident of this nature including the following:

Was the driver of the school bus negligent?

Was the driver of the semi tractor trailer negligent?

Was there negligence on the part of both the school bus driver and the truck driver?

Was the accident caused by faulty maintenance of a vehicle? Faulty equipment?

Why did each vehicle catch on fire?

Was the bus equipped with seat belts? Were the seat belts operational?

Was the school bus operated by a government entity or a private entity?

What was the driving record of each driver?

What insurance is available for the victims of the crash?

All of these questions and more will be addressed by a trained attorney handling a case of this nature. A Florida Child Injury Lawyer faces issues like the ones above as well as issues related to injuries, medical treatment, medical bills, and compensation for pain, suffering, and related injuries every day. Further investigation by the Florida Highway Patrol, private attorneys, investigators, and accident reconstruction experts should provide additional information on this accident and the related legal issues.

I am often asked the question, "I need a Lawyer to represent my child's educational needs before a School or School Board. What kind of Lawyer / Attorney do I need?" This is an excellent question. Frankly, Florida Personal Injury Lawyers are easy to find. Watch television or look in the yellow pages. Special Education lawyers / attorneys are not so easy to find. It is helpful to find a Special Education Lawyer in your geographical area. In North Florida, you would look for an attorney in Jacksonville, Orange Park, Jacksonville Beach, St. Augustine, Green Cove Springs, and the surrounding areas. Getting a school and / or school board to educate your child and provide the services required by law can be quite challenging. If necessary, the Special Education Lawyer can request an administrative hearing and get an order to require the school to comply with the applicable federal and state laws regarding your child's educational needs.

Every school district has the legal duty to comply with IDEA (Individuals with Disabilities Education Act). Children that may qualify for special education under this federal law include children with mental retardation, hearing impairment (which includes deafness), visual impairment (which includes blindness), serious emotional disturbance, autism, traumatic brain injury (TBI), special learning disability, or other health impairment.

If you need a Special Education lawyer, contact Wood, Atter & Wolf, P.A., a laws firm "On Your Side - At Your Side."

Computers and technology have made our world a better place in most instances. Unfortunately, many children and adults have misused computers and technology which in turn have harmed other children. As parents and caregivers, we need to be diligent to teach our children the proper use of computers, internet, e mail, and online services and programs. Proper education can help protect your children from Cyber bullying, child predators and sex offenders, pornography, unapproved purchases, and many other issues that have come into our homes via the portal of the internet. Children love My Space, Facebook and other online social networks. Unfortunately, these online communities have their own share of problems as well. I found a very good web site that contains many valuable articles and posts called www.safetyclicks.com. With more and more children accessing the Internet at home, school, and friend's houses, it makes sense to read up and educate yourself on how to educate your children. While chatting to someone online may appear to be harmless, this kind of attitude has led in some instances to horrible consequences. Be smart. Be safe.

As a Florida Child Injury Attorney / Lawyer, it is my responsibility to represent injured children who have been harmed as a result of the negligent or intentional actions of others. I feel that it is also my responsibility to share my knowledge and experience with others so as to prevent injuries to children. Education, knowledge, and adult supervision can go a long way to protecting our children online, in our homes, and in the community.

Children with disabilities and special needs in both public and private institutions in Florida and the rest of the United States should be educated in an environment that is least restrictive. Federal Law - United States Code - Title 20, Chapter 33, Subchapter II, Section 1412 provides the following:

"To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are not disabled, and special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily."

Special Education Lawyers in Florida represent and advocate for the educational and best interests of children. Even though it can be challenging to accommodate the needs of a child with disabilities and education, the school, administration, and school board still have a legal duty to comply with Federal and State law. Often times, the school system falls short, ignores the needs of the child and family, and needs to be educated as to the law and educational resources and techniques that should be put in place for the child with Special Needs and disabilities.

A Georgia teen (14 year old) was recently arrested for having sex with a 3 year old. It would be more accurate to state that the 14 year old molested the 3 year old. The teen was arrested for sexual battery according to Jacksonville Beach Police Department. Two other children in the family also told officials that they were molested as well.

It is uncertain what kind of supervision was in place when the 14 year old was in the family's home. The teen was arrested and then released under his parents' custody.

Parents should diligently watch their children. The parents of the molested 3 year old probably had no idea about the tendencies or horrid acts of the 14 year old. Further investigation by the Jacksonville Beach Police Department will review additional information.

An Appeal Courts recently upheld the criminal conviction of a dog owner whose dog mauled the neighbor to death in California. The personal injuries and wrongful death of Diane Whipple from a dog attack were truly tragic. The dog owners adopted the dog from a state prison inmate who was a member of the Aryan Brotherhood. The plan was to open a guard dog business called Dog O War. The dog owners later adopted the prison inmate as their son. As the vicim, Diane Whipple, was returning home one day with her dogs, the "guard dogs" (weighing 150 and 130 pounds respectively) attacked Ms. Whipple and bit her 77 times. Ms. Whipple lost 1/3 of her blood and died. The owners, Marjorie Knoller and Robert Noel, were convicted of second degree murder. This conviction was upheld. With dog ownership comes responsibility, civil liability, and in some cases - criminal convictions. You can read more about this case at Murder-By-Dog Conviction Upheld.

Children bike year round in Jacksonville, Florida and other parts of Florida. When purchasing a bicycle for a child, it is important to get the right bicycle for the child that is dependent on age, size, balance, and skill of the child. Retailers like Target, Wal-Mart, Sports Authority, and Dick's sell bicycles for children but the sales associates at these locations are not always knowledgeable about the special needs of a child. We recently purchased bicycles for our children at Bikes, Kites & More in Jacksonville (St. Johns) Florida. The customer service as well as the knowledge of the owners were very impressive. Our children were placed in bicycles that suited their respective age, size, and ability. Bikes, Kites & More also had a nice selection of helmets in stock. I would highly recommend Bikes, Kites & More to any parent looking for the right bicycle for a child. Safety, quality, and great customer service are all in place at Bikes, Kites & More.

While buying the right bicycle and safety equipment can help prevent or reduce accidents, these actions will not rid the streets of negligent drivers who at times cause serious personal injuries to child pedestrians and bicycle riders. If there is a bicycle accident or injury to a child, it is important to get advice, counsel and representation from a Florida Child Personal Injury Lawyer. Be careful out on the streets and bicycle paths.

In dealing with your child's special education needs in Florida, it is helpful to know the definitions of key terms utilized by special education law advocates, therapists, educators, administrators and school boards. Some key definitions include the following:

Individualized Education Program (IEP)
a yearly education plan written by teachers, therapists, psychologists, etc. and the child's parents for school age children with disabilities

Individualized Family Service Plan (IFSP)
an education plan written by teachers, therapists, psychologists, etc. and the child's parents for a child birth through 2 years old with disabilities

interdisciplinary team
various individuals from different disciplines that assess children's needs (speech therapist, occupational therapist, nurse, psychologist, etc.)

You can find definitions for other key terms at the Special Education Law Dictionary. While it is helpful to know key terms and their definitions, this knowledge, in and of itself, will not necessarily promote the best interests of your special needs child in the school system. A special education lawyer / attorney / advocate can help guide you through the process. Contact Wood, Atter & Wolf, P.A. for more information. At Wood, Atter & Wolf, P.A. - we are On Your Side - At Your Side.

I recently read about a company / service called Instant Amber. It is a company based in Nashville, Tennessee that gathers together vital information and photographs of a child enrolled in the system. If that child goes missing, law enforcement officials can quickly assess and disseminate the information when conducting a search for a missing child. Updated information can be posted through the Instant Amber site / account. The cost for the service is $29.95 per year.

The Florida Amber Plan is operated by the Florida Department of Law Enforcement (FDLE) in conjunction with the Department of Community Affairs and the Florida Association of Broadcasters, Inc.. The purpose of the Plan is to broadcast critical information of a missing / abducted child who may be in danger in a timely matter to the general public by radio and television.

Most people probably do not plan for the day when a child goes missing. If you are faced with a missing child situation, it would certainly be helpful to have a service like Instant Amber in place. In the alternative, when faced with a missing child situation, get photographs and other vital information to the police as soon as possible. Time is of the essence when trying to locate a missing child.

There are many tragic stories of missing children reported on the news. There are also success stories. You can read about these success stories at the Florida Department of Law Enforcement Web site at FDLE Amber Plan - Success Stories.

Service dogs help better the lives of Autistic Children. One prime example is Charlie who is owned by friends in California. Charlie was bred and trained by a wonderful organization called the North Star Foundation in Stors, Connecticut. You can read all about Charlie and his adventures at my friend's blog - Charlie the North Star Dog. The North Star Foundation places service dogs with autistic children and special needs children to promote the social skills and other life skills for the child. According to the North Star Foundation Web Site, "We believe there is no better way to teach tolerance than through the eyes of a puppy being trained to help a child find their way to a happy and healthy tomorrow."

I believe that everybody could learn a thing or two about life with a service dog. Hopefully, Charlie the North Star Dog will have years of happy adventures in the future as he betters this world one bark at a time. There is an article about Charlie the North Star Dog and other service dogs at American Kennel Club Gazette - Picking the Lot - Service Dogs Enter A New Specialty - Helping Autistic Children.

The Sanz Family of New York suffered two tragedies recently: the wrongful death of a mother and the death of an infant child. Unfortunately, tragedies like this are far too common in busy cities. Donnette Sanz, a traffic police officer, was on her lunch break when she was crossing the street. An older driver did not see her, hit her and threw her into the path of a school bus. Mrs. Sanz was pinned under the school bus and rescue workers were called to the area. Mrs. Sanz survived the delivery of a 7 month old child but died 1 hour after child birth. survived the delivery but died about an hour later in an emergency operating room. She was seven months pregnant. The infant spent some time in the intensive care unit but ultimately died. Investigation revealed that the negligent driver had his license suspended over 20 times. Drivers and people like this should stay off the road. If any case cries out for justice, it is this one. The Sanz Family received a good deal of press and sympathy from the public; however, the loss of a mother and a newborn is a tragedy that will remain with the family forever.

There are criminal and civil ramifications from such a case. Due to the driver's history, I have concerns if he even had insurance or was insurable. Mrs. Sanz was on her lunch break. As such, worker's compensation may not apply. Hopefully, the Sanz Family had uninsured motorist coverage in place which may provide for benefits / insurance coverage. As for the criminal case, it appears that the driver will be prosecuted. This driver needs to be kept off the road and serve time for the tragic deaths caused by his negligent and reckless driving. You can read more about this incident at Baby of Pregnant Woman Hit by Runaway Van Dies.

Autistic and Special Education children in Florida have been subjected to abuse, neglect, humiliation, and personal injury in the public school system. Due to the extent of the problems, over 100 parents of autistic children in Florida have reported their concerns to the Florida Attorney General's office and others. A Florida Treasure Coast and Palm Beaches Website posted an interesting article about this rampant problem - Mistreatment of autistic students is an 'epidemic,' some Treasure Coast parents say. One major problems is finding teachers trained and adept in dealing with the needs of autistic students. Training, education, and patience are so vital for teachers in this field.

Unfortunately, many autistic and special needs students are neglected academically and physically in many instances.

Courses at the Florida Atlantic University Center for Autism and Related Disorders summer institute educated autism teachers and made recommendations that included the following:

• Post visual schedules in the classroom so students can see what’s coming next.

• Establish a set routine — even a fire drill or a break in predictability can set off an autistic child.

• Adjust the environmental stimuli as needed — flickering fluorescent lighting can be a dis´traction.

• Anticipate problems — too much down time can cause an autistic child to find ways to self-stimulate. Give him something to do.

• Provide a “safe space” where a child about to have a meltdown can go to self-soothe and calm down.

When there is a problem, parental involvement is key. In some instances, it may be necessary to retain a Special Education attorney and / or a Florida Child Injury Attorney / Lawyer for representation.

A 38 year old man (Franco Costanzo Checchi) was arrested for exposing himself in front of 4 children at the Adventure Landing Water Park in Jacksonville, Florida. Jacksonville Beach Police Department officials reported that Mr. Checchi exposed himself to the children in the locker room. The matter will be further investigation and prosecuted by the local State Attorney's office. You can read more about this story at Police - Man Exposes Himself at a Water Park.

When visiting any water park or rest room for that matter, parents should be watchful for others who may be child predators. It is difficult as a parent to protect a child in public places. Nevertheless, every effort should be made to supervise the child. It is most unfortunate the Mr. Checchi preyed on these children at Adventure Landing. If you have a question about a child that has been injured injured as a result of negligence or the misconduct of another person, it is helpful to have the advice, consultation, and representation of a Florida Child Injury Lawyer.

Florida Statute Section 316.193 Driving Under the Influence provides criminal penalties in the form of fines, license suspension and imprisonment for persons found guilty of driving under the influence. These criminal penalties for Driving Under the Influence apply to a person who is driving or who is in actual physical control of a vehicle. As such, if you are intoxicated and just sitting in the car with the keys in your hand, you could be arrested for the crime of Driving Under the Influence. As a Florida Child Injury Lawyer / Attorney, I have handled many cases involving drunk drivers who have injured children as well as adults. Drunk driving incidents cause personal injuries, fractures, head injuries, neck and back injuries, and yes deaths in the State of Florida. You can read the entire criminal statute at Section 316.193, Florida Statutes, Driving Under the Influence - Penalties. If you, a family member or friend has been the victim of a drunk driver, contact a Florida injury attorney / lawyer for advice and representation as to rights to compensation.

In St. Augustine, Florida, a 46 year old motorcyclist - Rick W. Roupp - sustained critical injuries when a vehicle driven by 20 year old Tabbatha Roux attempted a left hand turn into the right of way of the motorcyclist. The motorcyclist was not wearing a helmet. As a Jacksonville and St. Augustine, Florida Personal Injury Lawyer / Attorney, I have handled and investigated many motorcycle accidents of this nature. From a legal standpoint, the liability must be evaluated and insurance policies must be reviewed. The rights of the injured party from a personal injury standpoint should be pursued and enforced if necessary. The at fault driver may be facing a traffic citation or possibly criminal charges depending on the nature of the accident and the investigation of the Florida Highway Patrol, St. Johns County Sherriff's Office, and / or the City of St. Augustine Police Department. The article was posted at the Florida Times Union - St. Augustine Motorcyclist Critical After Accident. There were several people who posted their thoughts and opinions of this accident. Some were motorcycle riders and some were not. People definitely have strong opinions as to the safety of riding a motorcycle and whether a helmet should be worn or not. There are financial responsibility laws in Florida that require a person to wear a helmet OR have a $10,000 in medical / health insurance in place if there is an accident. See Section 316.211, Florida Statutes. As such, the motorcycle rider who was recently critically injured was not legally required to wear a helmet if he had the correct insurance in place. Whatever the facts or opinions in this case, it is a tragic accident. See also St. Augustine Motorcycle Accident Kills Rick W. Roupp.

Three former employees and possibly others are under investigation for alleged sexual relations with girls who were clients / patients at the Stewart-Marchman Center in Daytona Beach, Florida. This investigation was reported in the Florida Times Union at Center Employees Suspected of Sexual Misconduct. The former employees worked in a facility that supervised these troubled teens. These are serious allegations that need to be investigated and prosecuted if the State Attorney believes that credible evidence supports the allegations.
According to its Web Site, the Stewart-Marchman Center "exists to improve the quality of life of individuals and families affected by substance abuse, addictions, and delinquency by supplying superior prevention, intervention, and treatment services. Stewart-Marchman Center offers these services to all persons, regardless of age, race, financial status, or other criteria at its facilities in various locations in Northeast Florida." Obviously, the conduct alleged against the three former employees are not in this mission statement in any manner.

Day care centers, schools, after school programs, sport programs, hospitals, and treatment and counseling facilities have a duty to supervise children. Providing a safe and secure environment is paramount to the well being of the child. Sexual conduct and relations with adult employees should not be part of the regimen for any child care program and facility. If a child is injured or harmed at a day care center, after school program, sport program, hospital, or treatment and counseling facility - seek the advice of a Florida child injury lawyer / attorney for advice, guidance, and representation regarding the rights of the injured child.

There are over 100,000 incidents of eye injury in the United States every year. According to the University of Michigan - Kellogg Eye Center - over 90 % of all eye injuries are preventable with better safety measures and supervision. Over half of victims of eye injuries are under the age of 25. Parents and caregivers can set a good example for children by wearing protective eye wear when using power tools, lawn mowers, and other tools that may cause an eye injury. In addition, the following safety tips should be followed for children:

Select games or toys that are age appropriate;
Do not allow children to ignite or stand near fireworks;
Keep children a safe distance from lawn mowers (stones and other debris are subject to being thrown out by moving blades and parts);
Keep chemicals and other harmful sprays and liquids away from children; and
Safeguard the home from protruding objects that could poke or injure an eye.

You can read the full article from the University of Michigan - Kellogg Eye Center at Eye Injuries - Preventing Eye Injuries - Eye Safety at Home - Eye Safety at School - Eye Safety During Sports.

In Brooksville, Florida and other cities in Florida, children walk to bus stops every morning and then wait for the bus to take them to school. Some bus stops are right in front of the child's home while others require a walk to the bus stop area. When walking to a bus stop, children need to walk on side walks, shoulders of roads, roads themselves, neighbor's yards, and other areas. Kaitlyn Harper was hit by a Dodge Pick Up truck in the early morning (6:45 a.m.) Kaitlyn was just 30 feet from the bus stop area. There were witnesses to the incident. The driver (Mark Buel) of Brooksville may have tried to avoid the accident by braking. Kaitlyn was taken to Brooksville Regional Hospital, where she later died. The Florida Highway Patrol will further investigate the incident.

As a Florida Child Injury Lawyer / Attorney, I handled a case very similar to this one for a family whose middle school child died as a result of an incident at a Florida school bus stop. A death of this nature is especially difficult for the family, friends, school, and the community.

Drivers should be cautious during these early morning hours at all times and especially during the school year. There is a Florida Statute (Florida Statute Section 316.172) in place that requires a driver to stop or slow when a school bus uses its warning and stop lights; however, there is no such law in place for school bus stops when no bus is present. Driving near school bus stop areas is subject to general Florida law that requires a driver to obey the speed limits, utilize headlights when necessary, and exercise reasonable caution when there are children or people near the roadway.

Two Nassau County, Florida teens died on Sunday going home from Sunday Services at the First Baptist Church. Kaleb Whitemore was driving home with Diane Lee Mumford as a passenger. For unknown reasons according to the Florida Highway Patrol, the Ford pick up truck skidded off the road, overturned three times, and then ejected both teens from the vehicle. Unfortunately, neither Kaleb or Diane were wearing seat belts. Kaleb and Diane were transported to Shands Jacksonville Hospital where they died.

Diane Mumford was a junior at West Nassau High while Kaleb Whitemore was homeschooled and previously attended West Nassau High.

Further investigation will be completed by Florida Highway Patrol to determine the cause and manner the accident. The family may also wish to retain a private accident reconstruction expert and / or a Florida personal injury attorney / lawyer to try to get some answers as to this tragedy.

Earlier in the year, Brooke Dover, a 17 year old cheerleader, died in an accident in Baxley, Georgia. Another former student, Kim Enlow, died in injuries from a four car accident on Lem Turner Road in August 2007.

The Nassau County and West Nassau High community have seen their share of grief from these accidents and deaths.

To those who are grieving this loss or others who are dealing with the untimely death or serious injury of a child in Florida, it is important to have family around and lean on family and friends in dealing with the grieving process.

"The angels are always near to those who are grieving, to whisper to them that their loved ones are safe in the hand of God." Quoted in The Angels' Little Instruction Book by Eileen Elias Freeman, 1994

Hopefully, those who have untimely suffered the loss of a child from an automobile accident or other tragedy - the angels (in the form of spiritual ones, family members, friends, and the community in general) will be there for support and comfort.

Serious injuries and deaths to children from driveway accidents are tragedies in every respect. Nylah Sakira Dickerson, age 1, was accidentally run over by a family member when Nylah was in the driveway at a home in Yulee (Nassau County) Florida. The incident was witnessed by Nylah's grandfather who attemoted to get the attention of the driver. Nylah was taken to Shands Jacksonville Hospital where she was pronounced dead. Driveway deaths are a nationwide problem. There are hidden dangers in driveways. Some think that sidewalks are the best place for children, pedestrians, and bicycle riders. In actuality, drivers frequently ignore or do not carefully look for children and others on sidewalks and driveways. As for Nylah's tragedy, it will certainly be difficult for the family, extended family, and community to deal with her death.

Mark Owen List from Hawthorne, Florida, a truck driver, recently died in a trucking accident with a parked / disabled tractor trailer in Flagler County, Florida. Florida Highway Patrol reported that List was attempting to pass a disabled logging trailer. The accident took place at 4:00 a.m. Due to the time and nature of the accident, I expect that the Florida Highway Patrol will complete an analysis of the crash scene and review Florida Statutes including Section 316.301, Florida Statutes to determine if any statutes were violated as a result of the accident. Section 316.301, Florida Statutes requires operators of trucks more than 30 feet in length to post warning flares and other safety measures to warn or alert other drivers about the truck / trailer that is disabled or parked along the side of the road. I have handled cases against truck operators and companies in the past where flares and other requirements of Section 316.301, Florida were not followed. If you have a question about a trucking accident, wrongful death case, or any other type of personal injury matter, it is important to consult a Florida Personal Injury Lawyer for advice, consultation, and representation. You can read more about the tragic death of Mark Owen List of Hawthorne Florida at Truck Driver Killed in Flagler County Florida Crash.

The school year brings with it many challenges. One such challenge and problem frequently occurs in the form of school bus overcrowding. The National Highway Traffic Safety Administration through the Department of Transportation has standards for safe seating (both as to number of children per bench / seat and the design of the bench / seat) under the Code of Federal Regulations Section 571.222 - School Bus Passenger Seat and Crash Protection. There is a formula for calculating the number of students per bench. It depends on the size of the bench. In most school buses, three elementary school children can safety sit together on one bench while two high school students can safety sit together on one bench. School bus overcrowding is a common problem in counties through Florida. The key to addressing the problem is to make the school bus driver and administration aware of the situation. Each school district should have rules and procedures in place for school bus seating and transportation. In St. Johns County (St. Augustine Florida), School Bus Riding Rules provide in part that "the driver has the right to assign seats. Students must sit three (3) to a seat from window to aisle." Students have an obligation to follow School Bus Rules and can be reprimanded and suspended for improper behavior / conduct on a School Bus. As parents, it is important to speak to your children about the number of students on the bus, conduct on the bus, and the actions / inactions of the school bus driver. Children should be provided with a safe and clean environment on school buses.

Unfortunately, Jacksonville, Florida and other cities in Florida are the site of serious injuries and deaths as a result of drive by shootings and other shootings. A prime example of the tragic violence is the shooting of a Jacksonville Jaguar Football player, Richard Collier, a third year offensive tackle. Collier was shot while in his Cadilac Escalade after spending the night out with friends. See Jag's Collier Shot - Has Life Threatening Injuries.

Collier was reported to be in critical condition at Shands Jacksonville Medical Center. No further updates were later provided as deference to a privacy request by Jack Del Rio and the Collier Family.

I did some legal research on this matter and it does not appear that the injuries sustained by Mr. Collier would be covered under the typical uninsured motorist policy in the State of Florida. Of course, the automobile insurance policy and any other insurance and disability policies should be reviewed by the family and a Florida personal injury attorney to make sure that claims are filed for benefits that cover the incident and / or the related injuries.

The official web site for the United States Patent and Trademark Office has a kids page that gives good basic definitions of matters and issues brought before the USPTO including the following: patents, trademarks, copyrights, trade secrets, utility patents, design patents, and plant patents. There are many considerations that go into designing, manufacturing, and distributing products for consumers and / or businesses. A trained intellectual property attorney can assist in reviewing a product design as to the specifications and plans to determine if the product can be patented and protected through registration at the United States Patent and Trademark Office. Of course, even if the USPTO approves a patent, this does not mean that the product or company are immune from a claim or lawsuit claiming that the product is defective. In developing a product, it is important for the company / business to consider liability and injury issues that may arise with the distribution and use of the product. In addition, consideration should be given to the distribution of instruction guides, disclaimers, warranties, and limitation of warranties. A trained intellectual property attorney can help guide a person / business through the patent process.

I read a very good article posted at the South Florida Sun Sentinel web site by Reporter Nick Sortel titled Field of Screams - How to Youth Sports Injuries. When dealing with an injured child, it is important for a coach, parent, and / or volunteer to find out the extent of the injury. Is the child just tired? Is the child scared? Is the child truly hurt? Parents and coaches alike tend to take child sport leagues very seriously. As pointed out in this article, is Urban Meyer or Billy Donovan really scouting out a 12 year old at the local park? The leagues and games really need to be put in perspective. Child safety and supervision are paramount to running a successful program. Winning is far from everything if a child is seriously injured and does not get the medical attention he or she needs.

Section 61.30, Florida Statutes is sets for criteria for establishing and setting child support in Florida. Florida Family Law lawyers utilize this statute to advise clients as to the respective rights and obligations as to child support
. When calculating or determining child support, the Court will review the monthly income of each parent which includes the following:

1. Salary or wages.

2. Bonuses, commissions, allowances, overtime, tips, and other similar payments.

3. Business income from sources such as self-employment, partnership, close corporations, and independent contracts. "Business income" means gross receipts minus ordinary and necessary expenses required to produce income.

4. Disability benefits.

5. All workers' compensation benefits and settlements.

6. Unemployment compensation.

7. Pension, retirement, or annuity payments.

8. Social security benefits.

9. Spousal support received from a previous marriage or court ordered in the marriage before the court.

10. Interest and dividends.

11. Rental income, which is gross receipts minus ordinary and necessary expenses required to produce the income.

12. Income from royalties, trusts, or estates.

13. Reimbursed expenses or in kind payments to the extent that they reduce living expenses.

14. Gains derived from dealings in property, unless the gain is nonrecurring.

At times, it can be challenging to determine a parent's income when the parent is self employed or has a job that commission based or income that otherwise fluctuates. A Florida Family Law lawyer can assist the client with this issues with an analysis of bank records, credit card statements, investment documents, employee files, tax returns, and other financial documents. In certain cases, a Forensic Accountant is helpful in analyzing the financial information to determine income in order to calculate child support guidelines pursuant to Section 61.30, Florida Statutes.

The bond of a convicted sex offender was recently revoked by a Broward County (Fort Lauderdale, Florida) Circuit Court Judge. Aaron Mohanlal, a former Florida teacher, had been out of jail / prison for one year while avoiding a 43-year prison sentence. Mohanlal was free pending an appeal of the conviction. Monhanlal was previously convicted of 13 counts including child abuse, molestation, and lewd battery. Monhanlal forced a student to have sex with him in a closet at school and at Mohanlal's home. Mohanlal had secured the bond with some property owned by his family. As it turned out, the property was heavily mortgaged and not workth very much money.

Teachers, counselors, day care workers, medical provides, pastors, church workers, and volunteers are charged with the responsibility of watching, supervising, and protecting our children NOT raping, molesting, and abusing them. Mohanlal should not be free at this time but should begin a long prison sentence. Due to Mohanlal's actions, he is at risk for harm by other prisoners in the prison system. Mohanlal should get no pity - he should only get punishment at this time.

Two teachers lost their job by thinking outside of the box and out of their heads for that matter. The teachers decided to set up fight time during circle time. Pint sized American Gladiators or Celebrity Boxing . . . if you ask me, it was one bad idea. You can read more about the "circle time" from hell in this month's newsletter. Please click through and read at Pint Sized Fight Club During Circle Time - One Bad Idea.

Also, take the time to read my other blog posts and tell your friends and colleagues about any posts / articles of interest.

Many child injuries like these are preventable. If you know a child who has suffered an injury as a result of the negligence, inattention, or, in some instances, the pure stupidity of another person, please contact a Florida Child Injury Lawyer for advice, consultation, and the representation that the child deserved.

According to the National Highway Traffic Safety Administration's website, traffic accidents are the leading cause of teen death in the country. Among the causes of these traffic accidents, driver error was the highest culprit, accounting for 87 percent of accidents. These accidents result in serious personal injuries and deaths in Jacksonville Florid and other cities throughout the United States.

Allstate Insurance Company sponsored an event titled Action Against Distraction Driver Challenge. The purpose of the event is to educate teens and adults alike about the dangers of distracted driving. You can read more about this program at Teens warned: Distracted driving deadly in Florida.

You and your teenage children can be the safest drivers in the world. Unfortunately, there are teen and adult drivers who are not very safe. Some are distracted by the mobile phone, texting, conversation, radio, and yes drugs and alcohol. If you or your child has been injured by the negligence of another driver in Florida, it is helpful to get the advice and representation from a Jacksonville Florida Personal Injury Lawyer / Attorney.