Florida Child Injury Lawyer Blog

Social networking and dating web sites have brought meeting people, dating, and, yes, adultery into the current modern era. While the technology along with the computers, i phones, Black Berry devices, and Google Phones are new, the problems that go along with meeting people, dating, and adultery are the same old problems. Read this month's Legal Briefs Newsletter - Adultery in Florida - Lessons Learned from Glenn Close in Fatal Attraction. You will see how a My Space post resulted in domestic violence and an arrest right here in Atlantic Beach (Jacksonville), Florida. You can also read all about my commentary regarding Glenn Close (Alex Forrest) in Fatal Attraction. For anyone about the embark upon the dark and lonely trail of adultery, Fatal Attraction is a must watch film. What does a boiling bunny and an extramarital affair have to do with each other? Read my Legal Briefs Newsletter to find out.

Halloween is a day and night filled with joyful children tricker or treating through neighborhoods. It also brings with it some real dangers. On such danger is the possible contact of sex offenders with children. The State of Florida Probation Officers know the dangers and propensities of sex offenders very well. As such, probation officers have issued restrictions to sex offenders when dealing with children on Halloween. The restrictions also apply to the sex offender's roommates and family members. These restrictions include the following:

*Do not give out candy or anything else to children;

*Close blinds and turn off porch lights;

*Refrain from decorated the outside of the house to attract children during Halloween;

*Do not answer the door to any trick or treaters;

*Do not dress up in a costume, masks, or any other type of disguise; and

*Do not go to any Halloween parties where children will be around.

Probation officers will be monitoring sex offenders and will be conducting surpise visits and drive bys to make sure that the sex offenders are complying with the mandates of the above restrictions.

You read more about the details of the restrictions on Sex Offenders at Department of Corrections Stress the Importance of Sex Offender Restrictions During Halloween.

Children are at risk for choking on food items and foreign objects due to physical and developmental factors. Choking can result in a transient or temporary event that causes no significant injuries. In other cases, choking can result in serious airway obstruction or blockage that can lead to permanent brain damage or death.

Children, especially those 5 and younger, need to be closely supervised and monitored. Food items can cause a child to choke. In addition, small foreign objects like coins, buttons, small toy parts, and other common items can cause choking incidents as well. Prevention is key to reduce the incidents of choking. When a choking incident does happen, timely response to vital to protect the health, safety and welfare of the child. A personal injury claim on behalf of a Florida child can be pursued if there was negligence in allowing the child to ingest the dangerous food item or foreign object OR if there was a serious delay in responding to the emergency situation involving a choking incident.

The Center for Disease Control (CDC) has conducted and published studies relating to choking incidents involving children. In 2001, over 17,000 children under the age of 14 were treated in emergency rooms for choking problems and complications. More than half of the incidents involved food items.

Almost 20 % of choking incidents requiring emergency room treatment involved candy items. Some involve hard candy and some involve soft candy like Gummy Bears.

Kids are still ingesting coins which accounted for approximately 18 % of emergency room visits in children between the ages of 1 and 4. You can read more about the CDC Study and Findings at Choking Incidents - Emergency Room Visits and Injuries.

Florida Day Care / Child Care facilities must be clean, free from health and safety hazards and from vermin infestation. Under Rule 65C-22.002 Physical Environment of the Florida Administrative Code, a Day Care / Child Care facility provides that no part of the Day Care / Child Care building shall be used for any activity that endangers the health or safety of the children. This means that the Day Care / Child Care facility must keep the facility clean, keep dangerous machines / equipment away or out of the access of children, keep chemicals including but not limited to cleaning supplies, flammable products, poisonous products, and toxic products away from children, keep fire arms, knives, sharp objects, and other dangerous products away from children, and keep alcohol and drugs out of the reach of children. Smoking is prohibited in inside and outside the Day Care / Child Care facility as well as the vehicles used to transport children.

The failure of a Day Care / Child Care facility to follow the Florida Administrative Code and other laws and regulations often times leads to injury or harm to the child. Typically common sense, hard work, and attention to detail can avoid injuries to children in the Day Care / Child Care setting.

Florida has great weather year round which allows for the use of bounce houses year round at backyard birthday parties, neighborhood parties, schools, churches, and parks. The Consumer Product Safety Commission (CPSC) reported that approximately 4900 injuries resulted in emergency room visits in 2004. There have even been deaths that have occurred in bounce houses. Many serious injuries and deaths have resulted from the lack of supervision and the presence of older children or adults with younger children. Unsupervised, many children attempt stunts that are very dangerous which in turn result in head injuries and other injuries. Good behavior by the children and constant supervision by parents and caregivers can help prevent injuries to children while playing in a bounce house.

Children accompany their parents to grocery stores every day in Jacksonville, Florida and other cities. Typically, things go well at the grocery store assuming there are no behavioral problems, wandering children, or unexpected injuries to Florida children in the form of fractures, lacerations, head injuries, and eye injuries. Many of these child injuries result from negligent maintenance or supervision of the retail store and surrounding area. Often, a Florida personal injury claim can be pursued if the retail store and its employees failed to properly provide for a safe environment for customers and their children. For the most part, retail stores like Publix, Winn Dixie, Target, and Wal-Mart keep their shopping carts clean and in good working order. I represented a client a few years ago who was knocked over by a shopping cart by an employee who was playing games in the parking lot. Children are especially prone to injuries as a result of falls and other incidents involving a shopping cart. The United States Consumer Product Safety Commission (USCPSC) conducted a study that showed over 20,000 annual injuries to children involving shopping carts which required treatment at an emergency room. You can read more about this study at Shopping Cart Injuries Involving Young Children.

The Florida Highway Patrol has a special Halloween Page that gives safety tips to parents and children for Halloween. While Halloween is a special day and night, it also comes with it dangers of children on the road, children roaming house to house, and traffic. Go to the Florida Highway Patrol Web Site to check out the special Halloween Page. It is a cool page to show your children and a nice way to review great safety tips for Halloween.

Every year, children are injured while trick or treating. Halloween Night bring with it the dangers of crowded neighborhoods, parked cars blocking portions of the roadway, improper lighting, dark costumes, and children who do not have the best of judgment with the excitement of Halloween.

The Orange County Health Department - Office of Environmental Services is offering a toy inspection program to evaluate toys for lead content. Child exposure to even small amounts of metal / lead can affect a child's brain development and health. There will be some costs associated with the inspection. It will be interesting to see the turn out for the program and inspections. I think this is a valuable program that can help reduce health problems and child injuries related to unsafe toys. You can read more about this program and the dangers of lead in toys at Orange County Florida (Orlando) Program to Inspect Toys for Hidden Dangers.

The American Academy of Pediatrics released a report that advises parents of young children of the hazards of owning exotic animals like baby chicks, lizards, hamsters, and other animals. Young children are at risk for infection and disease because of their developing immune systems and the frequency in which children put their fingers in their mouths. The report advises parents of children younger than 5 from owning these kind of pets. You can read more about this report at Doctors: No hamsters or exotic pets for young kids.

While the report does not recommend that families get rid of the family dog or cat, injuries do occur with domestic animals. Even the most tame of dogs is still an animal and will, at times, bite when provoked or even when unprovoked. A dog bite injury can have a devastating impact on a child who, because of the dog bite injury, may need the services of an emergency medicine doctor, neurologist, infectious disease expert, and / or a plastic surgey.

The Florida Department of Highway Safety and Motor Vehicles launched a web site at www.TakeTheWheel.net The web site contains information, video, stories, and advice from other teens on teen driving. Distracted driving, speeding, and other safety topics are covered by teens. The purpose of the site is to help educate teens and create awareness of both the responsibilities and dangers of teen driving. I believe that the Peer to Peer approach may help "drive home" the safety tips and issues on the web site. Have your teen go to the web site and take in the advice.

Automobile accidents and trucking accidents often times involve an inexperienced teen driver. Hopefully, web sites like www.TakeTheWheel.net will get the message through to teens about the importance of safe driving. Negligent teen driving leads to thousands of accidents and injuries a year. In 2007, over 400 people died in an accident where a teen was driving.

We should all encourage teens and others to think about the safety of the themselves and others on Florida roadways.

Florida Statute Section 402.305 sets forth the Licensing Standards for day care / child care facilities in the State of Florida including standards for Staff to Children Ratios. Under Section 402.305 (4), Florida Statutes, a day care / child care facility must have staffing as follows:

1. One child care worker for every four children (ages birth through 1 year of age);

2. One child care worker for every six children (ages 1 year and under 2 years of age); and

3. One child care worker for every 11 children (2 years of age and under 3 years of age).

The staffing requirements continue forward for different age groups through ages 5 years of age and older - the Staff to Children Ratio is one child care worker for every 25 students. There are exemptions to this general rule.

Staffing standards are important because they help promote minimum staffing for the health, safety, and welfare of the children. In the day care / child care setting, the children need supervision and guidance. Having a facility properly staffed with trained and conscientious child care personnel is vital to helping prevent serious child injuries.

Dana Treen, a reporter with the Jacksonville Times Union Newspaper Web Site, reported on a number of automobile accidents andtrucking accidents on the Web Site. One involved Jason Tripp, age 28, who fell from the back of a pick up truck on West Beaver Street in Jacksonville, Florida. A homicide investigation and report will be completed by the Jacksonville Sheriff's Office. The driver of the truck did not realize that Mr. Tripp had fallen out of the truck until he reached his destination 1 mile later.

While riding in a pick up may be an American or Southern Tradition, it is also a bad and dangerous activity that can and does lead to tragedy. This is especially true for children. The beds of pick up trucks are meant for equipment, trash, and other objects that are properly secured. The beds of pick up trucks are not good for the transportation of adults or children. See Accident Reports and Injuries Reported by Dana Treen at the Jacksonville Times Union Web Site.

The State of Rhode Island is taking the lead in educating public school students (middle and high school) about the dangers of domestic violence and dating violence. A new law called the Lindsay Ann Burke Act requires that all public middle and high schools teach the students about dating violence in health related classes. Lindsay Ann Burke was the most unfortunate and tragic victim of an ex boyfriend who decided to slash Lindsay's throat and kill her rather than face a life without Lindsay as his girlfriend. The ex boyfriend will have a lifetime to think about his actions as he was convicted of murder and sentenced to life in prison without the possibility of parole.

I believe that other States including Florida should follow the lead of Rhode Island in educating students about the dangerous and real life problems of dating violence and domestic violence. You can read more about the program being instituted in Rhode Island as well as the Lindsay Burke story at Rhode Island Schools Required to Teach about Dating Violence.

In Orlando, Florida, two men died when a car driven by Alester Martinez ran a stop sign and crashed into a Lynx (Orlando, Florida) Bus. Mr. Martinez was injured in the accident but survived. His two passengers, who were not wearing seat belts, died as a result of the crash. Two of the bus passengers were also injured.

Stop Signs serve a basic but very important function of directing traffic and giving one street the right of way. It is the duty of every driver to stop at a stop sign, look carefully for traffic, and only proceed when traffic is clear and safe to do so. Careful driving and obeying traffic signs and signals can help avoid many automobile accidents and trucking accidents which result in thousands of injuries and deaths every year on Florida roads. Mr. Martinez ignored these basic rules of the road by running the stop sign. The Orange County Sheriff's Office, Florida Highway Patrol, and / or other police agencies will conduct a homicide investigation to determine the cause of the crash. See Crash with Orlando, Florida Bus Results in Two Deaths.

What does domestic violence and My Space have to do with each other in Atlantic Beach, Jacksonville, Florida? Well, everything in the case of a couple who fought over a message left on the 23 year old man's My Space Page. The man threw a mobile telephone at the woman, poked her in the eye and grabbed her neck after she questioned him about a message from another woman. The man was arrested. While this is not a good example of good behavior or conduct for our children, it is a good story to talk about with our children. Show them the article and tell them what problems can occur with postings on My Space and other internet web sites. A simple joke may turn into much more. Tell your children to use good judgment when dealing with other people in person or over the Internet. See My Space Page in Atlantic Beach, Florida Leads to Domestic Violence and Arrest.

A Palm Coast, Florida teen, Samantha Schleh, age 19, died while standing on State Road A1A. Samantha and her friend, Michael Griffin, were trying to direct traffic and vehicles away from a dog that had been hit by a car. From news reports, it is difficult to determine if the incident was avoided or not. What was the lighting in the area? What was the speed limit in the area? What were road conditions? What were traffic conditions? How did the dog get hit to begin with? Was the dog a stray or owned by somebody? It is most unfortunate that a young woman (Samantha Schleh) lost her life especially while she was trying to do a good deed. The Florida Highway Patrol will evaluate the incident and prepare a homicide report as to the contributing factors and causes of the death of Samantha Schleh. See Palm Coast Florida Teen Dies While Trying to Help Injured Dog.

The Florida Department of Children and Families (DCF) licenses and inspects Day Care / Child Care facilities. The State of Florida has a very resourceful web site that contains rules, regulations, and provider information for Day Care / Child Care facilities throughout the State. You can look up your child's Day Care / Child Care facility or research others by going to theProvider Search section of the web site.

Even facilities with good inspection reports and histories make mistakes and fail to provide for the safety, health, and well being of the children. In Florida, each Day Care / Child Care facility undertakes a duty to watch over our most precious resource (our children). If a Florida child is injured or harmed as a result of the inattention or negligence of a Child Care / Day Care employee or an unsafe condition on the premises, a parent can bring an action for compensation of medical bills (past and future), pain and suffering of the child, and damages for the parent. A Florida Child Injury Lawyer can assist with an evaluation of the liability, review of medical records, negotiations with the insurance claims adjuster, and (if necessary) litigation / trial of the case.

Rashad Wallace died during football practice on August 2, 2008. An autopsy revealed that Rashad died as a result of cardiac arrhythmia. It does not appear that Rashad died because of heat, dehydration, or the rigors of the football practice. See Twelve Year Old Who Died at Football Practice Autopsy Completed. Typically, children undergo a physical before playing in an organized football program. I am uncertain if a basic physical would have detected the abnormal heart beat. In many cases, cardiomyopathy is treated with medication and periodic examinations and testing. Rashad suffered from cardiomyopathy which contributed to the deterioration of the heart muscle. The American Heart Association has a good web site that describes different forms of cardiomyopathy and treatments for each type.

The autopsy of Rashad Wallace proved to be very helpful to explaining the cause of death and whether the football practice and conditioning were related to his death.

A Pit Bull in Orange County, Florida near Apopka critically injured a 6 year old boy. The boy was playing with the neighbor's dog when the incident took place. The injuries were so severe that the boy was rushed to Orlando Regional Medical Center via medical helicopter. The Orange County Animal Services department will quarantine the dog for 10 days and complete an investigation.

Pit Bulls are frequently mentioned in news reports as "fighting dogs" and as "dangerous dogs". The United States Center for Disease Control and Prevention conducted a study and determined the Pit Bulls are the breeds of dog most often involved with fatal dog attacks. Based on these statistics and general concern for the safety and well being of children as well as adults, many local government entities have banned Pit Bulls as a breed. You can read more about Pit Bulls and their breeds, attacks, and banning atPit Bull - A Comprehensive Analysis.

Florida law makes a dog owner liable for any injuries caused by the dog even if the dog had no prior dog bites, propensities, or indications for aggression or violence.

Florida Day Care / Child Care facilities must maintain personnel records for all child care personnel. Under Rule 65C-22.006 Record Keeping , a Day Care / Child Care facility must maintain the following records:

*Employment application;
*Positions held and dates of employment;
*Signed statement by employee acknowledging understanding of the Florida Statutes requiring the report of child abuse and neglect;
*Background screening documentation; and
*Copies of training information and credentials as required by the Florida law.

The purpose of the above documentation rules is to promote the hiring, retention, and training of qualified individuals who are employed to supervise children in a day care / child care setting. Trained and conscientious child care workers can help prevent injuries to children in the Day Care / Child Care setting.

Jacksonville, Florida is the biggest city (land mass) in the country. Like other large metropolitan areas, Jacksonville has some busy streets. Blanding Boulevard is a major street that runs through two counties (Duval and Clay). A bicyclist was critically injured when he was hit by a car at approximately 10:00 p.m. in the evening. Police reported that it did not appear that driver's negligence played a role in the accident. Sergeant Knox of the Jacksonville Sheriff's Office completed the investigation of the accident. Sergeant Knox's assessment of the accident may be completely accurate and complex. However, many people do not know that the investigating officer can make a decision as to citations but has no power to make a decision as to civil liability or insurance coverage. In most cases, the police accurately assess an accident. As such, insurance companies are apt to follow the analysis and assessment of the police officer. In civil cases, neither the traffic citation nor the officer's assessment of fault is admissible in most cases. If there is any question or confusion about a traffic citation, negligence, automobile accident related injuries, bicycle accident, or liability insurance coverage and payment, it is helpful to have a Florida Personal Injury Lawyer / Attorney review the facts of the case and provide advice as to these issues. See Bicyclist in Jacksonville Florida Critically Injured After Accident on the Westside.

Every year, children die in Florida and other States from hyperthermia which is a condition where the body absorbs more heat than it can handle. Hyperthermia frequently occurs when a child is left in a hot car. This type of child injury in Florida can be avoided with common sense. In Florida and other Southern States, it can be hot enough to cause the death of a child for most of the year. Recently, in Kentucky, a 2 1/2 year old died in his grandmother's car while his grandmother went to work. Coroner, Boy, Age 2, Dies in Car While Grandmother at Work.

In addition to hyperthermia, there are other dangers of leaving a small child alone in a vehicle which include abduction, suffocation, wandering away, choking, and many other dangers. Keep your children safe, cool, hydrated, and close to you at all times. Leaving a small child in a car alone is just not safe.

A study reported by the United Press International (UPI) states that the number of neighborhood liquor stores may be an indicator of the frequency of child injuries in the neighborhood. Bridget Freishler, an UCLA Assistant Professor of Social Welfare, conducted the research. The theory is that neighborhood liquor stores may contribute to more frequent drinking in the area of the liquor store, which in turn, may lead to negligent supervision of children at home.

Alcohol and good parenting are things that do not mix well together. Young children are dependent on their parents for supervision and guidance. If the parent is under the influence of drugs or alcohol, the level and quality of supervision and judgment for that matter diminish greatly.

The study by Professor Freishler was a good vehicle to show parents, caregivers, and health care providers of the dangers and relationship between the availability of alcohol and its relationship to child injuries.

Two central Florida teachers were recently arrested for having sex with students. Cynthia Horvath, age 45, was a teacher at the Warner Christian Academy. She taught English and was a Cheer Coach. According to the investigation, Ms. Horvath had sex on a number of occasions with a 17 year old student. It appears that the sexual activities took place in Port Orange, Florida and South Daytona, Florida. Ms. Horvath was charged with illegal sexual activity with a minor. Really, what was this woman thinking? She has a college degree and was in her 40s. You would think that a woman of this age, education, and life experience would know better than to have sex with a 17 year old student from her school. Teachers Arrested in Separate Sex Scandals in Central Florida.

The Warner Christian Academy has been around for 38 years. It shows that even a well established school is not immune from such scandals. It appears that background checks were done prior to Ms. Horvath's employment.

A Lake County, Florida (Eustis High School) English teacher was arrested recently as well. Laura Pace, age 38, was charged with 5 counts of unlawful sexual activity with a minor. Two teens have come forward and reported that sexual encounters with Ms. Pace.

Yes, criminal defendants are presumed innocent until proven guilty. I suspect that there is a substantial amount of evidence against each teacher. While the testimony of the victim is vital evidence, other important evidence may be text messages, e mails, letters, hotel receipts, dinner receipts, photographs, and videotapes from public or even private places showing contact and a relationship with the minor.

Law enforcement officers are treating good looking female teachers who have sex with students that same way as middle age balding male teacher who has sex with a young female student. That is called equal rights and treatment under the law. If these female teachers had sex with the students, it showed poor judgment and exhibited definite child abuse that is and should be punishable under the law. A teacher, with a college education, training, and knowledge of the laws and policies for the schools, should know better.

Students from Duval Elementary School in Gainesville, Florida were educated about the importance of pedestrian safety at an annual event called Walk This Way. The purpose of the event was to teach the children about pedestrian safety and dangers on the roadways. Safe Kids of North Central Florida, part of a nationwide non-profit organization, reported that pedestrian injuries account for the second leading cause of intentionalinjury to children ages five to fourteen. Almost 600 children died as a result of pedestrian injuries in 2003. Injuries and deaths can be avoided by properly educating our children about pedestrian safety. Of course, adult and teenage drivers also need to be educated about pedestrian areas and crosswalks. Anytime there are children around - slow down. Children are unpredictable and do not always have the best judgment or experience with speed, distance, or the dangers of traffic. Duval Elementary Students - Important Lessons in Pedestrian Safety.

The Department of Children and Families (DCF) regulates and inspects Day Care and Child Care Facilities in the State of Florida. You can look up a Day Care and Child Care Facility by going to the www.myflorida.com web site and performing a provider search. Type in the provider name and you can view basic information including hours of operation as well as the result of DCF Inspections. The DCF inspections, Florida Administrative Code, and related regulations provide or basic or minimal requirements. Just because a facility passes an inspection does not mean that the facility is properly providing for the health, safety, and well being of the children in the Day Care / Child Care Facility. Florida children suffer personal injuries in the form of fractures, lacerations, bruises, and head injuries in Day Care and Child Care Facilities. Many of the injuries could have been prevented with a safer learning and custodial environment as well as more diligent supervision.

A German tourist, Karla Koehler, was struck by a delivery truck in St. Augustine, Florida. The accident took place at the intersection of San Marco Drive and Bernard Street. Tragically, she died as a result of the accident. Her husband was riding his bicycle behind her at the time of the accident. The St. Augustine Police Department will investigate this accident as to cause, contributing factor, and right of way.

St. Augustine is filled with pedestrians and bicyclist on a daily basis. I have visited St. Augustine many times both during the week and on weekends. Some streets and sidewalks are narrow and vehicles must drive slow to account for the foot and bicycle traffic. Caution and awareness on the part of both drives and bicyclists can help avoid accidents involving injury and death.

Mrs. Koehler was killed on impact. It is certainly a tragedy whether a tourist or a local resident is killed in an trucking accident / bicycle accident.

The St. Augustine Police Department or another police agency will ultimately issue a homicide report. Assistance may come from the St. Johns County Sheriff's Office and / or the Florida Highway Patrol in conducting this investigation. Whatever the results of the investigation of this nature, the victim's family has the ability to hire a private attorney and accident reconstruction expert to conduct its own investigation as to the cause of such an accident.

The accident was reported in the Jacksonville Florida Times Union Newspaper. As one ready commented online to the article, "so sad". Simple but certainly appropriate words as commentary of this tragedy.

In St. Augustine, Florida, Bobbie Jean Dengler, age 41, died as a result of a crash with a semi tractor trailer driven by Garfield Brown. The Florida Highway Patrol reported that fog may have played a role in the truck driver not seeing Ms. Dengler when the truck driver pulled in front of her.

The dangers of semi tractor trailers on the road are exaserbated when weather conditions like fog are factored in. It is important for all drivers including semi tractor trailer drivers to pay attention to traffic, road conditions, and weather conditions when driving on Florida roadways. This story was reported along with other daily incidents at the Jacksonville Times Union Newspaper Web Site.

Ford is promoting an option on 2010 models that will allow parents to control vehicles using a computer chip in the key. Parents will be allowed to better control speed (down to 80 miles per hour), seat belt usage, and music volume when teens or other drivers are using the vehicle. Hopefully, technology like this will help prevent or reduce automobile accidents and trucking accidents in Jacksonville, Florida and other cities throughout the United States. Taking from experience as a parent and a Florida personal injury lawyer / attorney, I would expect that many parents will take advantage of this technology. Teens will not like the control and will ask the parents to "trust me" and "don't worry". GPS technology is already in place at this time. I predict that future models will be available to the general public that will allow parents to monitor teen driving like employees do. There will be a tradeoff between the teen's privacy concerns and the parents need to know and their concern for the safety of the teen. Like most parents, when my child starts driving, I want to know if the child is driving 100 miles per hour or going to places where the child does not belong is or is not permitted to go to. Unfortunately, it is a scary world out there and parents should be concerned for the safety of their teen children who get behind of the wheel of a vehicle. You can read more about the technology and options being placed into Ford vehicles and probably other automobile manufacturers in the future at Parents may soon hold the key to slowing teen drivers

Parents, caregivers, and Child Care / Day Care Centers should check their cribs to make sure that the cribs were not manufactured by Delta Enterprises since this company recently recalled nearly 1.6 million cribs. Apparently, cribs manufactured by Delta Enterprises posed a danger to infants. The wrongful death of two infants prompted the recall. You can read more about the recall at 2 Infant Deaths Prompted Recall of 1.6 Million Cribs - Hardware, Moving Parts Should Be Checked.

All cribs should be checked to make sure that they are secure, safe, and free from any dangers or defects that could harm a child.

Florida Day Care / Child Care facilities must inspect and maintain outdoor and playground equipment in a safe manner. The facility has a duty pursuant to Rule 65C-22.002 Physical Environment (4) Outdoor Play Area to place personnel in position so that all children playing in the Outdoor Play Area can be observed and so that direct supervision can be provided. This rule also provides for the amount of space, fencing, and other specifications for the outdoor play area. Many children are injured outside of the Florida Day Care / Child Care facilities when child care personnel fail to properly supervise children during recess, free play, and sports like kickball. It is important that the outdoor area is clean and free from hazards like dangerous shrubberies, abandoned furniture and kitchen appliances, tools, sharp objects, garbage, construction debris, and other dangers. Many Florida child injuries can be easily avoided with better supervision, maintenance, common sense, consistency, and hard work on the part of the Florida Day Care / Child Care facility and its employees.

Fair and carnival rides are fun, family outings - - usually. In Central Florida, a mother and her 2 year old child had a problem in the "Crazy Bus" ride. The small Ferris Wheel like ride began to move as passengers where exiting which, in turn, forced the mother (Sherri Pinkerton) to hang onto the ride by one hand and try to hold onto her 2 year old with her other hand. Fortunately, the 2 year old fell into the secure hands of another fair goer. No injuries were reported. Central Florida Fairgoers Catch Toddler.

There must have been a great deal of fear and anxiety over the incident which did have a happy ending. Safety should be the primary goal of all fairgrounds and carnival rides. This goes the same for any event where children go including amusement parks, water parks, theme parks, public parks, and even birthday parties. All tents, bounce houses, and other structures should be securely put in place with appropriate adult supervision thereafter to make sure that the children (big and small) follow the rules for the safety of themselves and others. Preventing child injuries should be part of the planning and management at all events and venues.

Florida law prohibits a licensed Day Care / Child Care facility from inflicting physical punishment on children. Under Rule 65C-22.001 (8) General Information - Discipline, The Florida Administrative Code specifically prohibits "spanking or any other form of physical punishment". In addition, Florida child care personnel cannot subject a child to discipline which is severe, humiliating, frightening, or any kind of discipline associated with good, rest, and / or toileting.

If a child is injured or harmed in a Florida day care / child care facility, a Florida Child Injury Lawyer can review the facts of the case to determine if the facility failed to follow Florida law or was otherwise negligent in dealing with the child.

Unfortunately, many Florida child care personnel violate these regulations and take discipline into their own hands. The aforementioned regulations are in place for the safety of children. Spanking and other types of child abuse are just not options to be put in place by child care personnel.

Children can be seriously injured when subjected to improper disciplinary measures. These injuries include fractures, lacerations, head injuries, eye injuries, facial injuries, abdominal injuries, hyperthermia, sun burns, and dehydration.

Acide Pierre Louis, a Brevard County (Melbourne) Florida school bus driver was recently arrested for aggravated assault. Mr. Pierre Louis drove off from a bus stop without picking up the 11 year old child assigned to his bus. The mother of child followed the bus to the next bus stop and asked the bus driver while he left her child behind. An argument ensued to the point that the bus driver threatened the mother with a pipe used to check the tires. After an investigation, the bus driver was arrested for aggravated assault.

Bus drivers should pay close attention to the road so as to avoid automobile accidents, trucking accidents, and injuries to the children on the school bus.

Bus drivers should do their job and treat every child and parent with respect. While bus drivers are confronted with stressful situations and need to police the bus to some extent, bus driver should not arm themselves with weapons or make threats against parents.

If you have a problem with a school bus driver, speak to the driver if you are able to. If not, take up the problem with the principal, school administration, transportation department or supervisor, and if necessary to the school board / district. See Bus driver arrested after threatening parent with pipe.

Florida Day Care / Child Care facilities are required to comply with the Florida Administrative Code and other laws and regulations as they pertain to the transportation of children to and from the facility for any purpose including but not limited to field trips. The purpose of these regulations is to insure the safety of children while being transported by Florida Day Care / Child Care facilities. Failure to follow the regulations often times leads to
child injuries and automobile accidents.

The following regulations apply:

Drivers. Drivers must have a valid Florida Driver's License, an annual physical examination clearing the person to drive, and certification in in First Aid and CPR.

Insurance. Florida Day Care / Child Care vehicles shall comply with Florida law as it pertains to insurance requirements.

Vehicle Inspection. All vehicles regularly used to transport children must be inspected annually by a mechanic. Documentation for these inspections must be maintained as well.

Seating, Seat Belts, and Child Seats. Florida Day Care / Child Care facilities may the maximum number of children as set forth by the manufacturer of the vehicle. Furthermore, each child must be in a safety belt or federally approved safety restraint unless the vehicle is excluded from this requirement pursuant to Florida Statutes.

Driver's Log. A log must be maintained by the Florida Day Care / Child Care facility showing the child's name, age, time of department, time of arrival, and signature of the driver. This log must be maintained for 4 months.

The above safety measures and documentation were put in place to protect children in Florida Day Care / Child Care facilities. Unfortunately, many Florida Day Care / Child facilities take short cuts to the above requirements, overload buses and vans, fail to install or maintain proper safety restraints, and fail to provide the proper maintenance and inspection of their vehicles. As a result of these violations, children are injured on Florida Day Care / Child Care buses, vans, and other vehicles. Of course, the Florida Day Care / Child Care driver should follow the rules of the road, maintain control of the bus, van, or other vehicle, and keep the children's safety in mind at all times.

As parents, we can inspect the Day Care and Child Care facility to make sure that it is a clean and safe learning and child care environment for our children. Typically, a parent does not perform a background check of the employees in contact or supervision of our children. This is the responsibility of the Day Care or Child Care Facility. Pursuant to Florida Statutes Chapter 402 and Chapter 435, the Day Care and Child Care personnel need to pass a background check. The facility has a duty to submit a form designated by the Department of Children and Families in order to complete the employment background screening. If you have concerns about an employee at a Day Care and Child Care Facility, you can contact the Day Care Facility to insure that the background check has been completed and is in the file, contact the Department of Children and Families, and / or contact a Florida lawyer / attorney and / or private investigator in order to obtain independent information regarding the employee.

Florida Child Care / Day Care facilities are governed by the Florida Administrative Code - Chapter 65C-22 and other regulations and laws. Under the Florida Administrative Code Rule 65C-22.001 (5) Direct Supervision is defined as "watching and directing children's activities within the same room or designated outdoor play area and responding to the needs of each child." Unfortunately, many Day Care / Child Care facilities fail to provide proper supervision of children under their care. As a result of the inattention, lack of adequate staffing, inexperience, and / or lack of training, children are injured every day in Florida Child Care / Day Care facilities. Injuries range from scratches, cuts, bites (yes, biting by children is common in Day Care / Child Care facilities), bruises, lacerations, fractures, eye injuries, head injuries, and burns. It is important for Child Care / Day Care facilities to comply with the Florida Administrative Code and other laws and regulations. In addition, although not stated per se in the laws, Child Care / Day Care facilities should exercise good judgment and common sense when watching and supervising children.

In Jacksonville, Florida and the rest of the Sunshine State, children are injured every day playing sports in school and at the local park. I recently read a great article that gave simple but informative tips on assessing or evaluating the child to determine the severity of the injury. Ideally, it would be best if there was a doctor on the spot for every injury. However, this is not realistic. As such, every day coaches, parents, and volunteers must assess the injury to determine if it is just a minor bruise or bruise to the body and / or ego OR if medical attention / evaluation is necessary. You can read the article at What To Do for Child Sports Related Injuries? I thought that the tips for coaches were especially on point which included the following:

*Work on stretching and conditioning exercises especially early in the sports season;
*Pay attention to the heat and make sure that the players get enough water;
*Do not deprive children of water as a way of punishment;
*Be aware of the medical history and condition of the child; and
*Always have a First Aid Kit available at practices and games.

Safety should be the number one priority for all child sports related activities. A big win at the expense of a child's health is no win at all.

Approximately 2.5 million children are injured or killed by hazards in the home every year. Many of these injuries can be prevented with safety measures and devices. The Consumer Protection Safety Commission provides helpful tips on safeguarding the home including:

1. Use safety latches and locks;
2. Use safety gates;
3. Use door knob covers and door locks;
4. Use anti-scald devices for faucets and shower heads;
5. Use smoke detectors;
6. Use window guards and safety netting;
7. User corner and edge bumpers to prevent injuries;
8. Use outlet covers and outlet plates;
9. Use carbon monoxide detector outside bedrooms;
10. Cut window blind cords - use safety tassels and inner cord stops.

You read the details of these safety recommendations at Childproofing Your Home - 12 Safety Devices to Protect Your Children.

AAA (American Automobile Association) recently posted some valuable tips for safeguarding / child proofing vehicles. In 2006, three to four children were killed each day and more than 500 injured each day in automobile accidents. The safety tips suggested by AAA included the following:

*Secure loose items;
*Use child locks;
*Use correct safety restraint and seat belts;
*Install the child seat securely and correctly;
*Position small children away from airbags;
*Use or store only soft toys in the vehicle;
*Avoid non-regulated products for the vehicle;
*Lock the vehicle and keep keys out of the reach of children; and
*Exercise proper adult supervision.

You can read these tips in more detail at AAA Offers Tips on Child-Proofing a Vehicle.

A tragic automobile accident and death took place in Alma (Bacon County), Georgia. Five month old Kellan McCarty was the passenger in a SUV driven by Jade Nicole Lee, a 16 year old relative. The initial investigation reported that Lee lost control of the Chevy SUV. In response, Lee "over corrected" and ran off the roadway, into a ditch, and then into a tree. Kellan died as a result of the accident related injuries.

Georgia Highway Patrol also reported that the car seat was improperly installed in the vehicle. It is uncertain at this time if the car seat's proper installation would have reduced or prevented injury to Kellan.

Kellan was airlifted to Memorial Health University Medical Center in Savannah, Georgia.

Some tragedies like this can be prevented. Others are the unfortunate circumstances of weather, timing, and the sheer dangers of driving on the roads.

The story does show the importance of safety at all times. If you are not sure about the position, placement, or tethering of a car seat, you can contact various safety organizations and police departments for a safety check. See Alma child in improperly installed safety seat dies after crash.

An independent study ranked among the 10 worst highways in the United States. The Florida Department of Transportation dismissed the study. University of North Carolina at Charlotte professor David Hartgen ranked highway systems in 12 categories, including traffic fatalities, congestion and the amount of money spent on roads in 2006 compared to the number of road miles in a state. The study has been questioned by the Florida Department of Transportation and other officials. You can read more about the study at Florida Roads Bad on Congestion and Fatalities Again.

Every year, thousands of children suffer serious injuries from burns in Florida and the rest of the United States. Children under the age of 4 are at the greatest risk for injury and have a higher incidence of death as compared to other age groups. Burns are among the most painful injuries that a child can sustain. Treatments are available for burn type injuries but the serious burns often result in permanent, painful injuries. You can read more about burn injuries at at helpful site called www.preventinjury.org -Burn Injuries.

In Florida and the rest of the United States, 1000 children per week head to a local emergency room for skateboard and scooter related injuries. In Jacksonville, Florida, children frequently are seen at Wolfson's Children's Hospital, Nemours Clinic, Baptist Hospital, St. Vincent's Medical Center, Memorial Hospital Jacksonville, and Orange Park Medical Center. Some parents take their children to urgent care clinics like Solantic Urgent Care Center and other facilities. Most injuries from skateboard and scooters are injuries to the extremities (i.e. arms and / or legs). Fractures to the wrists and ankles are the most common injuries.

Most injuries result from falls from the skateboard. I have read articles and recommendations that children 5 and under should stay off of skateboards and scooters due to balance and coordination development. If a child rides on a skateboard or scooter, the following safety tips are recommended:

1. Helmets. Proper head gear is vital for children. It is suggested that your child use a helmet that complies with the Consumer Product Safety Commission standards.

2. Padding. Padding is available for wrists, knees, and elbows.

3. Basic Clothing / Shoes. Long sleeve shirts and long pants could help reduce or avoid road rash and lacerations.

4. Parental Supervision. Parental supervision is vital to keep your child safe and other children safe as well. Keep your child on a flat smooth surface. Make sure that your child plays it safe and avoids tricks and stunts that can land your child or a friend in a local emergency room. You can read more about Skateboard and Scooter Injuries and Safety Tips at the Riley Hospital for Children Web Site.

Blanch Whiddon and James Whiddon were the unfortunate victims of a trucking accident that took place on New Kings Road near Moncrief Road in Jacksonville, Florida. Witnesses reported that the semi tractor trailer failed to obey the traffic signal and violated the Whiddon's right of way. Wife dies after wreck that killed husband in Jacksonville, Florida.

Trucking accidents can be avoided with slower speeds, better attention, and compliance with the rules of the road and traffic signals.

One major problems with roadways in Jacksonville, Florida and the rest of the United States is the disparity in size between vehicles on the road way. Just today, I saw a gentleman driving the new Smart car that is put out by Mercedes Benz. While I have heard that the Smart car received good safety ratings, the Smart car is no match for a Hummer, SUV, dump truck, commercial vehicle, or semi tractor trailer.

According to an article in the Journal of the American Academy of Orthopaedic Surgeons, pelvic fractures can result from high impact trauma from automobile and other accident trauma. Apparently, children are more likely to injure internal organs in the abdomen as a result of trauma. When dealing with an injured child from an automobile accident, it is important to stay calm and get medical attention as soon as possible. It is vital for medical providers to be on the look out for damages organs and internal bleeding. You can read more at >What To Do for Pelvic Fractures in Children.

A Florida child injury lawyer / attorney typically handles injuries to all parts of the body. At Wood, Atter & Wolf, P.A., we have handled numerous child injury cases involving automobile accidents, slips and falls, medical malpractice, playground accident, school accidents, and home / neighborhood accidents.

Finger injuries and hand injuries happen frequently to children who unknowingly put their fingers and hands in dangerous areas. One common place of injury is the hinge area of a door. Serious injuries and even amputations occur when a child puts his or her hand / finger in the hinge area and then the door is closed. These child injuries can be prevented with proper supervision and safety measures. I located a great product online called THE SHIELD which provides a polypropylene (plastic molding) covering or guard to the dangerous area / space between the door and the door frame. At $9.99, it is a very inexpensive way to better safeguard a day care center, child care center, and school.

There are over 115,000 hand, finger, and wrist injuries involving doors and then treatment in emergency rooms annually according to the United States Consumer Product Safety Commission.

For the child enrolled in the day care center, child care center, or school, THE SHIELD can help prevent a lifelong injury to the child. For those in the business of providing child care services, THE SHIELD can reduce claims, injuries, and possibly even reduce your insurance premiums.

I am not a spokesman or representative of the company that puts out THE SHIELD. I just believe that it is a simple, inexpensive, and important product that can provide additional safety to young children enrolled in day care programs, child care programs, and schools throughout Florida and the rest of the nation.

From time to time, there are reports and incidents of head lice in Florida's school system, day care centers, and private schools as well. There are common myths and unfounded fears when it comes to lice. Remember that children react to situations based on how parents react and how parents comment on the issues. All parents, educators, and caregivers should take a few minutes to read a helpful and informative University of Florida article on Head and Body Lice. The article covers the history, causes, treatments, and solutions to head and body lice problems that, from time to time, take place in schools, homes, and day care centers.

Do Florida children with ADHD (Attention Deficit Hyperactivity Disorder) qualify for Special Education under IDEA (Individuals with Disabilities Education Act)? Like many legal questions that I face as a child rights attorney every day, the answer is "it depends". ADHD is not particularly listed as one of the conditions that could qualify a child / student for Special Education under IDEA. These conditions include the following:

Autism
Hearing impairment (which includes deaf children)
Visual Impairment (which includes blind children)
Mental Retardation
Serious emotional disturbances
Traumatic Brain Injury (TBI)
Orthopedic and related physical impairment
Special learning disability
Other health impairment

The United States Department of Education did add ADHD as a condition under "Other health impairment" as noted in the Children with ADD/ADHD -- Topic Brief in March 1999. However, a parent must show that the ADHD alone or the ADHD combined with other noted conditions produces a need on the part of the child for Special Education.

Pedestrian and crossing safety are very important concepts to teach small children. We, as parents, do our best to tell our children to stay out of the street, look both ways when crossing, and to hold our hands when crossing the street. The web site, www.safety4kids.com, is a helpful site that has safety tips and programs for small children. Drivers frequently hit child pedestrians causing personal injuries in the form of head injuries and fractures because of excessive speed and the failure to drive carefully around neighborhoods, school zones and playgrounds.

As noted in the site, children between the ages of five and ten years old do not have good judgment at times and overestimate their abilities to cross the street and deal with traffic. Driver often do not see children because of their size and the visibility of a child crossing from a bush, parked cars and other obstructions.

I recommend that all parents, teachers, and child caretakers teach children basic safety measures. Read through Pedestrian and Crossing Safety at the www.safety4kids.com web site for additional tips.

Walter Lane, a bus driver of Duval County Jacksonville, Florida school children, was fired recently for belting a fifth grader. Apparently, Mr. Lane admitted to the police (the Jacksonville Sheriff's Office) that he pulled off his belt and hit a 10 year old child on the leg. The 10 year old had thrown paper on the bus.

The child's mother, Anita Cummings, was quite upset over the incident and felt that her trust in the transportation system was violated. This story was reported by Topher Sanders, Education Reporter, for the Florida Times Union at Jacksonville Florida Bus Driver Fired for Striking Fifth Grader. Several readers posted comments on the site. Some of which even thought it was acceptable to belt the child. Yes, the child should have behaved but there is no defense to the poor judgment, anger, and violence of the bus driver. What was the bus driver thinking? Really, there are ways to deal with unruly children but not with a belt.

Mr. Lane was dismissed or fired from his job. In addition, Mr. Lane may face Criminal Charges for his actions which incurred personal injuries and harm to the child. There is no legal defense for the bus driver to state that the child deserved the beating. After all, the child threw a piece of paper. The child was not waving around a knife or other weapon.

The Duval County School Board Rules require the the school and bus drivers provide for the "safety and welfare of students while being transferred to and from school and school sponsored or school related activities." The student shall be provided with transportation services as long as he or she follows rules of safety and behavior necessary to allow for the proper operation of transportation services. Yes, the student should have been behaving better; however, belting the child is not part of the Duval County School Board Rules in any respect.

What do you get when you mix a violent angry ex girlfriend and a wedding? Trouble, danger, and injuries. You can read all about these less than serene wedding day by clicking through to read the Legal Briefs by David Wolf Newsletter.

In this month's newsletter, you can also read about my list of items NOT to bring to a wedding. If you have any other suggestions for what NOT to bring to a wedding, I would be interested in hearing from you.

Send me an e mail with your thoughts and comments. Of course, I am available should you have any legal questions in general or about a specific matter. At Wood, Atter & Wolf, P.A., we are On Your Side - At Your Side. We are not at weddings with any kinds of weapons or sharp objects.

High school athletes in Florida are often times pushed to the limit and even pushed beyond their limits. As a result thereof, injuries (sometimes permanent injuries) occur that could have otherwise been avoidable. While high school coaches and student athletes should be dedicated to the chosen sport, the overall safety and health of the student athlete should be priority over the focus of conditioning and competition. The Miami Herald posted a good article on the issue ofOveruse injuries: When high school athletes play too much in Florida Schools.

Parents should pay close attention to children who participate in sports programs in high school, middle school, pop warner, baseball, soccer, football, and other leagues. While coaches are trained and most undergo a background check, the coach does not always know best or do the best thing for the children. The majority of coaches out there are volunteers and truly have the best interests and safety of the children at heart. Others coaches, unfortunately, put all the focus on competition and winning at the expense of the child's health, safety and well being.

Depending on the facts of the case, a Florida Child Injury Lawyer will represent an injured student athlete when the injury results from the negligence of a coach, volunteer or even another student athlete. The most important time to take action is before the injury occurs. Be proactive for the safety, well being, and health of the student athlete.