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.

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

Posted In: Child Safety , Education , Education Law , School Safety

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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.

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

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

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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.

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

Posted In: Child Safety , Homeowner's Insurance / Injuries at a Home , Playground & Recreation Injuries , Sport Related Injuries , Wrongful Death

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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.

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

Posted In: Automobile Accidents , Automobile Insurance , Gun & Firearm Safety and Injuries , Traffic Citations

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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.

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

Posted In: Education , Education Law , Special Needs Children

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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.

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

Posted In: Child Safety , Homeowner's Insurance / Injuries at a Home , Wrongful Death

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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.

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

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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.

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

Posted In: Autism , Child Safety , Education , Education Law , Special Needs Children

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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.

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

Posted In: Day Care Centers and Child Care , Education , Statutory References (Florida)

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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.

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

Posted In: Automobile Accidents , Automobile Insurance , Child Safety , Pedestrian Injuries

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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.

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

Posted In: Automobile Accidents , Automobile Insurance , Child Safety , Education , School Safety , Trucking Accidents , Wrongful Death

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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.

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

Posted In: Automobile Accidents , Automobile Insurance , Bicycle Injuries , Boating Accidents , Homeowner's Insurance / Injuries at a Home , Motorcycle Accidents , Pedestrian Injuries , Swimming Pool & Aquatic Injuries , Trucking Accidents , Wrongful Death

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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.

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

Posted In: Automobile Accidents , Automobile Insurance , Child Safety , Education , School Safety , Traffic Citations , Traffic Citations , Trucking Accidents , Wrongful Death

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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."

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

Posted In: Autism , Education , Education Law , Special Needs Children

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