Florida Child Injury Lawyer Blog

Lawmakers and child safety advocates are seeking to enforce legislation enacted to protect children from the harmful effects of chemicals in toys and other products. Hormone-like chemicals known as phthalates can cause harm especially to children under the age of 12.

Products known to have phthalates have included shower curtains, raincoats, bathtub ducks, and other items. Baby boys born to mothers which a high exposure to phthalate have had genital problems including small penises and undescended testicles. Florida babies and children are at risk for health problems and serious personal injuries from phthalates and other dangerous chemicals / hormones found in toys and other common household products.

With new laws passed, the average consumer would think that the toys and products with phthalates would be immediately removed from the market place. However, there are concerns by various law makers that the manufacturer and distribution date may allow many products to be grandfathered in. You can read more about the laws and concerns of lawmakers regarding products with phthalates at Lawmakers Target Dangerous Toys and Products with Phthalates and Other Harmful Chemicals / Hormones.

A 2 year old boy (Sergio Martinez) was run over while riding his tricycle in a driveway in Palm Beach, Florida. The Ford Explorer driver, Rangel Rauda, stated that she did not see Sergio as she was backing up her vehicle because there was a parked vehicle blocking her vision. You can read more about this story at Toddler Dies as a Result of Back Up Drive Way Incident at the Florida Times Union Web Site.

Back up drive way personal injuries and deaths to children in Florida and other States are a major problem and have been for years. Senator Bill Nelson (Democrat - Florida) even sponsored legislation to require new automobiles to have backing up safety systems in place to protect children who may be walking, crawling, or biking behind motor vehicles. The purpose of the legislation is to attempt to limit tragedies like the Sergio Martinez incident from taking place. You can read more about this legislation and the national problem of back up driveway deaths and injuries to children at the Official Web Site for Senator Bill Nelson.

A Maplewood Elementary School teacher (Marion County) drowned after the teacher and her family were driven off the road by an unidentified driver. The second grade teacher - Carrie Hammer - of Ocklawaha, Florida was trying to get equipment from the vehicle that was in the pond for her son who has cerebral palsy. Her son was having some breathing problems due to being in the water. The equipment was needed to help suction her son. It is apparent from this tragic story that Carrie was a dedicated mother who put family first above all else in her life.

Another vehicle drove into the right of way of her husband, Sean Hammer, who was driving a truck. Mr. Hammer steered the truck off the road and into a pond to avoid a collision.

Carrie Hammer was later pronounced dead at the Munroe Regional Medical Center in Marion County, Florida. The Florida Highway Patrol is seeking assistance to help find the other driver who was in a white pick up truck or SUV. The other driver appears to be the cause of the accident. In addition, the other driver did not stop to render any help to this family who certainly was in need of assistance. Anyone with knowledge of this incident can contact the Florida Highway Patrol at 352-732-1260, ext. 236.

Marion County lost a very caring Special Education teacher. More importantly, the Hammer family lost a mother and wife to a tragedy that was caused by the negligence of another driver. Nothing can be done at this time to bring Carrie Hammer back but it would be nice to see justice done by locating the driver responsible for this tragedy. You can read more about this incident at Marion County Teacher in Crash / Drowning Remembered.

A nine year old Orange County Florida boy was recently bit by a pit bull and bull dog mix dog in the Southchase neighborhood. The boy had been playing with some darts when one fell into the neighbor's yard. The boy opened the gate where the dog was kept and then got scared and started to run. The dog then took chase and bit the boy in the face. The boy was later treated at Arnold Palmer Children's Hospital in Orlando, Florida. Arnold Palmer Children's Hospital and other children's hospitals in Florida treat thousands of child dog bite injuries every year. Due to complications that may result from dog bites in the form of excessive bleeding, infection, and scarring, it is important for parents and caregivers to get immediate medical attention for dog bite injuries to Florida children. You can read more about this dog bite story at Orange County, Florida Nine Year Old Bitten in Face By Dog.

The above dog bite incident illustrates a couple key points when evaluating a dog bite incident. It is important for children to remain calm when faced with a situation with a dog. Personally, I was bitten in a leg by a neighbor's German Shepherd when I got scared and started to run. Running was a big mistake on my part but I was just a kid and did not know any better. Was the boy welcomed at the neighbor's house or was he trespassing? Did the neighbor have Beware of Dog signs posted?

In Florida, a dog owner is responsible for injuries caused by a dog bite even if the dog had not bitten a person in the past. There are some exceptions for trespassers. The nine year boy above may have been considered a trespasser if he had not been given permission to open the gate or to step on the property of the neighbor. If the neighbor had given express or implied permission for the child to be on the property then the child may not be considered to be a trespasser.

Teenagers often lack good judgment. What seems like a joke or innocent fun for the teenager can actually result in serious criminal charges and trouble for the teenager. In Ohio, a 15 year old high school student from Licking Valley High School is facing felony charges for taking nude photographs of herself and sending them to her classmates. Many law enforcement agencies have a zero tolerance for child pornography even if the pornography is sent out by the child. If convicted, the teen could be faced with a lifetime of having to register as a sex offender wherever the teen lives. The teen appeared in court with a criminal defense lawyer / attorney and denied the charges. Apparently, this kind of conduct of posting nude photographs online is a growing problem for junior high and high school students. You can read more about this story and the problem of internet teen nudity posted by students and others at Licking Valley (Ohio) High School Student Facing Felony Charges for Posting Nude Photographs of Herself Online.

The foster care system in Florida is in place to provide children (who have been abused or who are at risk for abuse) a safe haven. The State of Florida relocates children to a foster parent, who may or may not be related, for temporary short term as well as long term placement. Unfortunately, many foster children are abused, neglected, and seriously injured while under the care of a foster parent. Norma Jean Dillard, of Lakeland, Florida, recently pleaded no contest to charges of child abuse. Apparently, in 2006, a 3 month old child (Jayden Moreno) suffered two skull fractured while under her care. The child was removed from the mother's care when she was arrested on marijuana and cocaine charges in Sebring, Florida. News reports were not clear on how the fractures occurred. Infants, who receive good and attentive care, usually are not taken to the hospital with skull fractures. The evidence was strong enough to convince Ms. Dillard to take a plea deal on the case. You can read the news report about this criminal case at Child Abuse Suspect in Florida Gets 15 Years Probation for Skull Fractures.

It is vital that parents, foster parents, day care providers, teachers, medical providers, and other care givers of children properly supervise and protect children (especially small children, toddlers, and infants) from abuse, neglect, and serious personal injuries.

When there is a report or incident of abuse, the State of Florida Department of Children and Families has a duty to investigate. In addition, law enforcement, the State Attorney's office, and private attorneys are also involved in the matter. Personal injury attorneys frequently represent the interest of the child when the abuse or neglect results from negligence and / or the failure to properly supervise the child in a school, day care / child care program, neighbor's house, friend's house, and, even, a relative's house. If there is a serious personal injury involving a child, it is important to consult with a Florida personal injury lawyer / attorney to make sure that the rights of the injured child are enforced.

When a parent leaves his or her child at a day care center, it would be reasonable for the parent to expect that the child would be properly cared for and not placed in danger. The above You Tube video shows how tragedy can result from inattention and simple and careless mistakes made by day care and child care personnel in Florida and other states. It is vital for day care, child care, and school drivers of buses, vans, and vehicles to make sure that all children have properly exited the vehicle and that no child is left in an unattended vehicle. Leaving a child in an unattended vehicle can lead the hyperthermia, hypothermia, dehydration, suffocation, injury from automatic doors and windows, strangulation from seat belts, and other injuries and yes, in some cases, death.

It is well known that Florida children, especially those under the age of 5, lack the knowledge and judgment about the dangers of poisons which are part of many common household products. The ingestion of poison can result in serious child personal injuries and, in some instances, death in Florida. For day care / child care centers, homes, and other locations where children are located, it is important to keep poisons out of reach and locked up when necessary. Prevention and supervision are key factors to reducing the incidents of poisoning. When an incident takes place, it is important for child care personnel, teachers, caregivers, and supervisors of children to take immediate action. Training in the area of poison control and response are also very important to the safety, health, and well being of Florida children. The American Association of Poison Control Centers has a great web site at http://www.aapcc.org/DNN/ . You can read about local poison control centers, poison prevention, first aid, and many other important topics. A day care center, child care center, school, neighbor, camp, health care provider, business, government entity, and others may be held liable for injuries or death caused by the accidental or negligent poisoning leading to injuries and / or death to a Florida child.

The March of Dimes released a State by State Report Card for all 50 states including the State of Florida. A summary of the report was reported at the USA Today Web Site - Pre-Mature Births Continue to be a Persistent Problem in the United States. Among all States, Vermont ranked number 1 in having the lowest percentage of pre-mature births. Mississippi was at the bottom of the list. A pre-mature birth is considered to be a birth before 37 weeks of gestation. Every year there are over 500,000 pre-term births. These births account for the leading cause of death and major permanent injuries and disabilities to children according to the March of Dimes.

In Baker County (Glen St. Mary and Macclenny) Florida there is an Animal Control Ordinance in place under County Ordinance 2002 - 06 Section 7 - Animals at Large - Owner's Responsibilities, any owner of an animal (including dogs) other than a cat has a duty to maintain control of the animal while the animal is on public property or on the private property of another person or entity. There are some exceptions including those for hunting activities.

If there is a problem with an "At Large" dog or a dangerous dog, you can contact the Baker County Animal Control Department for more information about local ordinances and the enforcement powers of the Baker County Animal Control.

Florida's Dog Bite Statute applies state wide and is not contingent on any of the various leash laws in place for counties and cities. Dog bite matters especially when dealing with a child have legal consequences and obligations unique to these cases. A Florida Child Injury Lawyer / Dog Bite Lawyer can assist you with these matters. Animal Control will enforce local regulations but cannot give legal advice or provide compensation for a violation of the ordinances or the State of Florida Statutes.

If you would like a copy of Baker County Leash Law or other Animal Control Ordinances for other Florida cities / counties, please contact me.

As a Florida parent, there are many daily challenges. These include the basics - food, shelter and clothing. Of course, there is also soccer practice, birthday parties, video games, and thousands of other things. Back to the basics - good nutrition is often times a difficult task when parents are challenged by the bright lights and allure of McDonalds, Burger King, Wendy's, Zaxby's, Krystal Burgers, Kentucky Fried Chicken, and all the other fast food chains and unhealthy food out there. How do you compete with the ease, taste, and cheap costs of bad food? The fast food industry even throws toys into some meals. Wow, what a marketing machine! Any way, Florida parents should keep in mind who is the captain of the ship, who controls the transportation, and who controls the funds when making decisions for breakfast, lunch, and dinner. Many children do not get the appropriate recommended amounts of fruits and vegetables on a daily basis. There are supplements out there and as a parent - you should make the decision as to what is proven, what makes sense, and what is best for your child. You may want to check out Juice Plus which is a gummy type of supplement for fruits and vegetables. I tried them and they taste fine. Also, it is my understanding that Juice Plus does not pose the risks of overdose and toxicity as compared with other children's vitamins like Flintstones. If your son or daughter thought that Flintstones were Sweat Tarts and consumed a whole jar - you probably need to call 911, poison control, your pediatrician, or go to the local Florida emergency room. For more information about Juice Plus, you can visit the web site of a friend (Angie Conlan) who has been a consultant for Juice Plus for the past several years. Go to Juice Plus - Angie Conlan to find out more about Juice Plus and good nutrition for your children.

The Ohio State College of Medicine conducted a comprehensive study of incidents involving escalators and injuries to children. There were approximately 26000 escalator related injuries to children between 0 and 19 during the time period between 1990 and 2002. The study showed that about 40 % of the children were under the age of 5. The average age of the children was 6.5 years of age.

Proper design and maintenance are important to help avoid escalator related injuries. It is also vital that parents and caregivers closely supervise children while riding escalators. You can read more about the study at Escalator Related Injuries to Children in the United States.

In the last 50 years, education has taken great strides in progress. Despite these advances, corporal punishment, paddling, and spanking are still used to enforce rules and attempt to modify behavior in school districts throughout the United States. I remember as an elementary school student when friends and classmates were called to the principal's office for discipline and paddling. The classmate would come back red in the face, upset, and crying. Back then and now, I think that it is a barbaric way to discipline a child at school and at home. Administrators and teachers need to use their resources to teach children rather than figure out effective ways to beat and abuse them. That being said, it is important for parents to study and know the county, school district, and state laws that apply to corporal punishment, spanking and paddling. I located a comprehensive list of laws for each state at United States - Legislation Dealing with Corporal Punishment.

Corporal Punishment sometimes causes physical scars and child injuries and in most cases caused emotional scars that can last a lifetime.

A landowner, business or homeowner, may be held liable in Florida for injuries to children on the property if the injury is caused by a hazardous or dangerous condition that is likely to attract or interest children who are unable to appreciate the risk posed by the object or condition. In Florida, children under the age of 6 cannot as a matter of law be considered negligence. Children over the age of 6 can be considered negligent in part for their own injuries. Cases of attractive nuisance may involve piles of lumbar or sand, abandoned cars, trampolines, swimming pools, electrical transformers, wells, and irrigation equipment. Florida cities from Miami to Jacksonville to Pensacola all have weather that permit a child to play outside year round. Child are curious and will play in just about any area. A dirty and dangerous area to an adult is viewed as something quite different to a child. Typically, businesses, government, and homeowners have liability insurance that cover injuries to children caused by an attractive nuisance.

Cities like Jacksonville, Florida have parades to celebrate holidays and special occasions. Parades are filled with crowds of adults and children there to have fun. Unfortunately, parades have been the location of several serious injuries and deaths to children. Whether riding on a float, walking in the parade, or just among the crowd, children have fallen victim to these unfortunate incidents.

In December 2007, a 9 year old boy died when his leg his leg somehow got tangled up in the vehicles wheel well. He was pulled under the float, run over and later pronounced dead at the hospital. “It is a tragedy that is beyond words,” said Plant City Police Chief Bill McDaniel. “This is a night of fun and celebration for the holidays and this night ended as tragically as it possibly could.

A 7-year-old boy was in stable condition Saturday after he was injured in a Chirstmas parade, according to a hospital official.
Jacob Johns was riding on the St. Johns County Parks & Recreation Department float when his dangling feet got caught in the tires, pulling him down. The float drove over the boy's abdomen. He was taken to Shands Jacksonville hospital for treatment.

A nurse and rescue worker who were watching the procession in St. Augustine cared for the boy until crews arrived, The Florida Times-Union reported.

One year prior in December 2006, a 9 year old girl died in a parade in Louisiana.

Safety should be the primary consideration when putting a child on a float or trailer. In addition, safety precautions should be taken for those children walking in parades as well. Enjoy a good parade and make sure that your children and others are kept out of harm's way.

Officials and investigators with the Broward County, Florida School District are investigating the death of Amanda Collette who was murdered by a fellow student, Teah Wimberly. News reports indicate that another student may have told school officials about the presence of the gun on school property prior to the shooting, according to the Orlando Sentinel newspaper. School officials in Florida and other States have a duty to provide a reasonably safe environment for the students and to prevent personal child injuries and harm to students. If a gun or other weapon is reported to be present on school property, school officials should take such information very seriously to check into the truthfulness of the statement and to remove the weapon and the possessing student from the school in an expedited manner. Of course, guns and knives have no place in the public or private school system in Florida or any other State. If the school was informed of the presence of the gun on school property, the Broward County School District may be liable for negligence in failing to take affirmative action to protect Amanda Collette and other students within the school system. While there are certain legal protections for government entities like school boards, the Broward County School District can still be sued if the actions or inactions of its employees led to personal injuries or death of a student. You can read more about the developments in this investigation at Student May Have Informed Dillard High School Officials About Gun.

The Florida Division of Alcoholic Beverages and Tobacco recently arrested for store clerks from various stores in Green Cove Springs (Clay County) Florida for the selling of alcohol to people under the age of 21. The stores involved were the Green Cove Springs Package Store, Island Food Store, the Kangaroo Convenience Store, and the Hess Gas Station. The Florida Division of Alcoholic Beverages and Tobacco conducted the sting operation with the assistance of the Green Cove Springs Police Department. See Florida Times Union - The Florida Division of Alcoholic Beverages and Tobacco Take Action Against Clerks Who Sold to Underage Customers.

Underage drinking is certain a problem in many respects. One, young people typically do not have the judgment to know their limits. Second, young people often times think that they are invincible and can do many things under the influence that they should not including driving, biking, swimming, skateboarding, and many other activities that can lead to serious personal injury and death. Third, young people may act carelessly that causes serious bodily injury to other children and adults who happen to be at the wrong place at the wrong time.

Cracking down on store clerks is only one way of many that State and Local officials can use to try to limit and deter underage possession and consumption of alcohol.

Dillard High School, in Fort Lauderdale (Broward County) Florida was the site of a wrongful death (murder) as one student (Teah Wimberly) shot another student (Amanda Collette - Age 15) in the crowded hallway of the school. The Fort Lauderdale Police Department responded to the scene and arrested Teah Wimberly and charged her with first degree murder. Teah Wimberly called police from Capatain Crab's Take Away. Several students witnessed the incident and could have been shot as well since the shooting took place in a crowded hall way. While police have the suspect in custody who clearly shot the other student, there are several questions and issues to investigate by the school system, police, and the state attorney's office. Were there prior threats by Teah Wimberly? What kind of student was Teah Wimberly? What were the issues between Teah Wimberly and Amanda Collette? How did Teah Wimberly bring the gun into the school? Were there prior shootings in the school? What precautions were taken to help prevent violence in the school? You can read more about this tragedy at Florida High School Student Shot in Crowded Hallway at Dillard High School.

It would be very important to know who owned the gun and how this 15 year old (Teah Wimberly) got her hands on the gun to commit the heinous and terrible act of murdering another child.

The Center for Disease Control and Prevention reports that over 5000 young people ages between 10 and 24 were murdered. Over 80 % of the victims were murdered by a firearm. You can read more about the Center for Disease Control and Prevention studies and analysis of violent crimes and firearms at the Center for Disease Control and Prevention Web Site.

The parent of a Florida child can pursue a claim for pain, suffering, and loss of enjoyment of life on behalf of the child when a child is seriously injured. What about the parents injuries, losses, and damages? Can a parent collect for the loss of companionship of the child when the child is seriously injured but does not die as a result of the injuries. The answer in Florida is "Yes". The loss of companionship in Florida to a parent of an injured child is called "Filial Consortium". The logical follow up question is as follows: What period of time can a jury award the loss of Filial Consortium to a parent? The answer is "until the child reaches the age of majority" which is 18 in the State of Florida. This very issue was addressed in a Supreme Court of Florida case. In a case against the Broward County School Board, the Supreme Court determined that the damages to a parent for the loss of Filial Consortium (companionship to the parent from the child) can be awarded for a time period from the injury to the child's 18th birthday. As such, if a 15 year old was seriously injured but did not die, parents can pursue a claim for themselves for the loss of Filial Consortium from the age of 15 to 18 or roughly 3 years. Florida Wrongful Death cases are subject to different standards and statutes.

Florida children are at high risks for drowning and other pool related injuries when at home or visiting a friend's home. To protect children of all ages in Jacksonville and other Florida cities, the legislature enacted the Residential Swimming Pool Safety Act. Chapter 515, Florida Statutes requires that a homeowner have a barrier at least 4 feet high on the outside without any gaps that could allow a child to crawl or squeeze through. The barrier needs to be placed around the barrier of the pool. These barriers are not only for the protection of children in the house but also for the protection of visitors to the home. Even if a homeowner does not have any children or visitors who are children, the barrier is required. You can read more about the act by going to the official site forFlorida Statutes - Chapter 515.

Children suffer serious personal injuries and, at times, death as a result of dog bites every year in the State of Florida. I located a very informative website called www.dogsbites.org which is a education web site about dog bites and the dangers of certain breeds of dogs in the United States. The site has a good deal of information of the dangers of Pit Bulls, Chow Chows, Rottweilers, and Wolf Hybrid breeds. There is a public debate on the issue of dangerous dogs created by breed, environment, or a combination of the two. dogsBites.Org and many other safety advocates recommend a ban on certain breeds including Pit Bulls.

dogsbites.org reports that dog bites can be very traumatic for children. Due to the short height of most children, facial wounds and injuries are very common. For serious dog bite incident, multiple surgeries may be necessary which may include several skin grafts and reconstructive surgery.

According to the Center for Disease Control, injuries from dog bites include puncture wounds, lacerations, contusion wounds, fractures, amputations, and complications due to infection.

Visit dogsbite.org and educate yourself about various dog breeds, tragedies that have taken place nationwide, and safety measures to take to protect your family and children.

Duval, Nassau, and St. Johns County School Districts are updating anti-bullying and anti-cyber bullying rules and procedures. Bullying, both in the physical and psychological form, is a big problem in the Florida school system. With thousands of children with mobile phones, computers, and lap tops and the growing use of text messaging, e mails, My Space, Face Book, and other Social Networking web sites, cyber bullying is an increasing and serious problem to our children in our Florida school system. School administrators can enforce school board rules and policies for acts that take place on school grounds and / or with school equipment. This can be tricky when dealing with cyber bullying. Where was the message sent from? What equipment was used? What time did the cyber bullying take place? Regardless of the time, place or manner of bullying or cyber bullying, school administrators, parents, and, yes, other students, should take all reasonable efforts to report and address bullying. Instead of supporting the bully, other students should do what they can to discourage peers and other students from bullying other children. You can read more about the developments in Duval, Nassau, and St. Johns County School Districts at New Florida Laws Help Bolster Anti Bullying Rules and Procedures.

More than 53 million children nationwide spend over 25 % of their waking hours in school or on school grounds. Over the years, I have handled several playground and school related injuries. Teachers and other school employees have a duty to supervise children at school. This especially applies to elementary aged students. Supervising would include watching out for the children on the playground and other parts of the school. It also involves watching out for bullies and other school related violence. Sometimes, a child gets hurt from a innocent prank gone wrong. The prank took place because children were not properly supervised. Whether it is on the bus, sports fields, or classroom, parents like myself relay on teachers and other school employees to watch over our children. Attentiveness and safety measures can and do avoid problems and injuries. You can learn more about school and playground related injuries at Safe Kids USA - a website that whose "mission is to prevent accidental childhood injury, a leading killer of children 14 and under."

Florida homeowners are not required to maintain liability insurance coverage for trampolines. It is up to each homeowner to decide whether or not to have coverage in place. Typically, a bank or mortgage company will require that a homeowner have general homeowner's insurance coverage in place to secure the mortgage. This does not necessarily mean that there will be coverage for the trampoline. Each case and policy for that matter should be evaluated by Florida Personal Injury Attorney in order to be advised of your legal rights and options.

Insurance coverage for trampoline is not even mandated when you run a business or charge a fee for use. The applicable statutory provisions are part of Chapter 546, Florida Statutes.

The University of Florida is a very good college that is increasingly getting more difficult to admitted for college. The University of Florida is home to the Gators, thousands of college students, and many fraternities and sororities. Those lucky enough to gain admission and get an education there often times squander the opportunity given to them. Some drink too much. Some waste their time away rather than attend to their studies. Some haze or abuse other students in the fraternity system.

Students can be seriously harmed emotionally and physically from acts of hazing. Some college students suffer serious personal injuries and even death as a result of hazing. Some Florida fraternities are mere gangs with more formally educated members. The spirit of brotherhood does not thrive in an environment of hazing. The spirit of brotherhood is better served with hard work, honesty, integrity, and friendship.

I am a college graduate of the University of Florida and also a proud alumni of Lambda Chi Alpha Fraternity. I am quite familiar with the fraternity system. When I was in college, I heard stories about hazing that took place at other fraternities (including TEP) and it looks like the not so fine tradition of hazing has continued into the year 2008. The UF Tau Epsilon Phi (TEP) Fraternity is currently being investigated for hazing which included forcing pledges to consume laxatives, having body part submerged into water, pouring food on them and forcing the pledges to do physical exercises. These shameless acts (if true) do not promote brotherhood or integrity. The acts only serve to embarrass and demean the pledges and to form as a sick and twisted form of entertainment for the older brothers of the fraternity. Many fraternities have been suspended and even have lost their charters for hazing. School officials, the University of Florida Police Department, and / or the Gainesville Police Department should complete an investigate and punish those responsible for these acts of hazing.

See University of Florida Fraternity Investigated for Hazing Incidents.

Florida homeowner's insurance may cover the injuries, medical bills, and associated pain and suffering. Some policies exclude trampoline injuries. It is important to review the policy to determine if trampoline injuries would be covered. If you have a trampoline, you should call your insurance company or agent to determine if there is coverage for trampoline injuries.

If your child has been injured on a trampoline, you may be able to recover compensation for these injuries. Homeowner's insurance policies typically have $100,000 or more in personal injury coverage for injuries occurring in or outside a home. Trampoline injuries often occur when children are not supervised by parents. In addition, some trampoline injuries occur when safety measures are not put in place or the trampoline falls into disrepair. A few years ago, I lived next door to a family who had a trampoline. This trampoline literally started to fall apart to the point that it missing one of the legs to the base. I contacted the neighbor and personally assisted the neighbor in dismantling the trampoline. I did not want her kids or my kids injured by such a danger.

A Palm Bay, Florida day care owner has been accused and arrested for child abuse. Paul Green, owner of Creative Years Learning Day Care on Malabar Road in Palm Bay, Florida was arrested when it a 3 year old reported to an employee that Mr. Green caused a severe bruise on the right year of the boy. The boy stated that "Paul did it." Of course, the statement came from a 3 year old boy and it is difficult to tell from these facts alone what happened. The police appear to have probable cause to investigate and arrest Mr. Green for this act that caused a visible and traumatic injury to a Florida child. The criminal case will be investigated by the police and local state attorney's office. The State of Florida must prove beyond a reasonable doubt that Mr. Green committed a crime of child abuse. The criminal case is different than a civil case. In a civil case, the family must prove by a preponderance of the evidence that the child was abused or neglected. Preponderance of the evidence is the "more likely than not" standard of proof. If Mr. Green's actions were intentional meaning he intended on hitting and injuring the child, these actions may not be covered under the liability insurance policy for the day care center.

The Florida Department of Children and Families should be notified any time that it is suspected that a child has been abused or neglected at a Florida day care or child care center. Photographs should be taken and an incident report should be documented. Parents who place their children in the care of a day care and child care center have the right to demand and expect good care. When a child is injured through negligent acts or intentional acts of a child care worker or owner of the center, action should be taken to address the transgressions. The arrest of Paul Green, owner of Creative Years Learning Day Care Center, was reported at Central Florida 13 News Web Site at Central Florida Day Care Owner Arrested for Child Abuse.

Parents and those transporting children should be aware of Florida Restraint Law. All children 5 years of age or young must be properly restrained no matter where the child is seated in the vehicle. Children through the age of 3 must be secured in a separate carrier or manufacturer's integrated safety seat. For children aged 4 through 5 years, a separate carrier, in integrated child safety seat, or a safety belt may be used.

For more information on Florida Restraint Law, you can visit the Florida Department of Transportation Web Site.

The federal Centers for Disease Control and Prevention conducted various studies to determine what surfaces were contaminated with germs. The study found that common household items like door knobs and remote controls can be place for germs to linger for two days or longer. The transmittal of germs to objects like these often times spread viruses and germs throughout a household. The study also examined the surfaces of toys in five pediatricians offices in Fairfax, Virginia. The study revealed that seventeen to thirty percent of the toys study were contaminated with germs. These findings show the prevalence of germs and the problems in preventing the spread of viruses and the flu in settings like the home, dorm rooms, pediatrician offices, and college dorm. You can read more about the studies at Household Items and Germs.

Barack Obama was elected at the first African American President of the United States of America. A milestone for American politics, society, and equality. While it would appear that this nation is progressing forward, there are still a great many incidents of hate and racial prejudice in Jacksonville, Florida and beyond. In particular, after the election of Barack Obama, students at First Coast High School in Jacksonville, Florida received hateful text messages using racial slurs and threats. You can read more about this story in an article written by Topher Sanders, education writer for the Florida Times Union Newspaper at Racial Text Messages at First Coast High School in Jacksonville, Florida. Certainly, the election of Barack Obama was an important event in American history even if you did not vote for him or support his proposed policies. However, the election of Barack Obama has not and will not erase past acts of hate or, for that matter, future acts of hate. Hopefully, the police will be able to determine the source and author of the text messages and prosecute the creators of the text messages.

Each year thousands of children in Florida including Jacksonville are injured as a result of bicycle accidents. Drivers should always yield to a child on a bicycle. Slow down your vehicle. Yield to the child. Protect the child. Nationwide, more than 500,000 people are treated in emergency rooms each year as a result of bicycle accidents. Over 700 people die as a result of bicycle accidents. Thousands of child suffer broken / fractured bones, extended hospital admissions, scarring and other injuries as a result of these accidents. Many of these accidents and deaths would be avoided with more safe and more attentive driving. Children are at high risk for injuries from bicycle accidents. In 2001, children 15 years and younger accounted for more than 50 % of all bicycle related injuries. Children who are injured in bicycle accidents should be seen immediately by a specialist. In Jacksonville, the pediatric emergency room is located at Wolfson Children's Hospital and Baptist Hospial. Nemours Children's Clinic employs many specialists who can provide ongoing medical care subsequent to an accident including pediatric orthopedists. If you or someone you know has a child who was the victim in a bicycle related accident, it is helpful to have an attorney and, in many instances, an investigator in place to review the facts, take photographs / video tape, and interview witnesses. For more information on bicycle accidents, statistics, and safety, you can go to the National Center for Injury Prevention and Control a site hosted by the Center for Disease Control and Prevention.

Are pharmacists in Florida subject to the same civil liability laws as doctors in the State of Florida? The answer is No. Doctors which are identified as "health care providers" under Chapter 766, Florida Statutes are subject to the formalities, restrictions, and award caps applicable to medical malpractice cases. A patient must put the doctor on formal notice called pre-suit notice before filing a lawsuit. During the 90 day pre-suit period, the doctor and his / her attorney has the ability to review the allegations and make a decision as to liability which will in turn limit the damages. Even if the case is not settled in pre-suit, there are caps in place for non-monetary damages (i.e. pain and suffering) that apply to medical malpractice cases as well.

Furthermore, wrongful death medical malpractice cases have limitations. Children over the age of 25 cannot bring an action for the pain and suffering associated with the death of a parent in the typical Florida medical malpractice case. Pharmacists are not mentioned as part of the statutory framework, procedures, or restrictions of Chapter 766, Florida Statutes and related laws.

If you or a family member has been significantly harmed or injured as a result of the negligence of a pharmacist, it is helpful to have the advice of a Florida Personal Injury Attorney to guide you through the rules, regulations, and proof in proving up such a case. The pharmacist's malpractice can range from mis-labeling to failure to warn to filling the wrong prescription. Any or all of these negligent acts and more can lead the the injury or death of an innocent victim. This is especially the case when dealing with injured Florida children who were harmed as a result of the negligence of a pharmacist. Whether the pharmacist works for Walgreens, CVS, Wal-Mart, Publix, Target, and any other employer / business, care needs to be taken to make sure that the prescription is filled according to doctor's orders, that there are no contraindications to the medication, that the bottle or prescription is properly labeled, and that instructions are clearly provided as to administration, dosage, contraindications, and adverse effects of the medication.

Children are exposed to the risks of parking lots everyday in cities from Jacksonville, Florida to Seattle Washington. The risks of parking lots to children involve inattentive drivers and children with poor safety judgment. The safety tips in this blog post and others in my blog can help avoid automobile accidents, bicycle accidents, and trucking accidents that often involve injuries to Florida children.

Children often times see parking lots as just another playgrounds while drivers see parking lots as just another speedway. I recently read about a great safety product called Parking Pal which is a simple but very smart safety product for parents and caregivers of young children. Parking Pal is a bright magnetic decal. You place Parking Pal on the side of your car in a place where the children can stand and touch the Parking Pal. Parking Pal is a device to remind young children about safety and where to stand. It is also a bright sign to others that children may be near and to slow down. Parking Pal was developed by a concerned and inventive parent from Virginia who thought of a way to teach her child about safety and make the lessons stick both figuratively and literally. Use Parking Pal and other safety tips and reminders to keep your children safe in parking lots. In addition, when driving in or through any parking lot, watch out for children and other pedestrians.

Dateline NBC has run a series of shows called "To Catch a Predator". Police officers would chat with unsuspecting men. Police officers would pose as a 13 year old boy or 13 year old boy. Casual chat would turn to serious and perverted discussions of sex. Then, a meeting would be arranged to meet the child for sex. While NBC staged these scenarios, children are harmed everyday by relatives, friends, acquaintances, teaches, religious leaders, coaches, and other preying adults. NBC and the police would be set up at the safe house with hidden cameras and "catch" these predators. It is important to monitor the computer use of children. Predators are not only on the streets but online. You can view some of the predators caught in the investigation on You Tube and other sites on the Internet.

School bus drivers in Florida and other States often times have problems with children who misbehave on the bus. There are right ways to deal with discipline issues and then there are wrong ways. In Volusia County (Daytona Beach), Florida, Genorris Davis-Summers threatened the students that she would stop the school bus on railroad tracks and leave the students there if the students did not correct their behavior. The driver was subsequently for 20 days without pay. The bus driver denied making the threats but it was reported that the incident was captured on video. It is uncertain if the video contained audio as well. You can read more about this story at School Bus Driver Threatens to Stop on Railroad Tracks in Volusia County, Florida.

Kimberly Gae Equatore was arrested in Ocala, Florida and charged with DUI. She was passed out behind the wheel of her truck with her 4 year old son in the front seat. A Marion County Deputy Sheriff found Mrs. Equatore and tried to administer a field sobriety test. She refused to complete the test or undergo a breath test. Three small bottles of vodka were found in the vehicle. Florida criminal law allows for the arrest of a person who is suspected of DUI if the person has control of the vehicle. The law applies even if the vehicle is not moving. This applies even if the engine is not on.

This story shows the dangers of drinking and driving. Many drivers on Florida roads ignore the safety of others including themselves and their children. It is absolutely true that drinking and driving do not go together in any form. Thankfully, the Marion County Deputy Sheriff arrived on the scene to prevent a true disaster from happening - theinjury or death of child and others resulting from a driver under the influence of alcohol and / or drugs. Of course, Mrs. Equatore will have the representation of a criminal defense attorney or public defender. She is innocent until proven guilty but things do not look so good for Mrs. Equatore based on the facts presented in this news story.

The Centers for Disease Control and Prevention that over 4 million people are bitten by dogs every year in Florida and the rest of the United States. Of these dog bite incidents about 800,000 require medical attention. Since over half of dog bites occur on the owner's property, homeowners and homeowner's insurance carriers need to address or deal with the vast number of claims and lawsuits that result from dog bite incidents. In Florida, a dog owner is strictly liable for the injuries resulting from a dog bite. There are some rare exceptions to this rule, but, generally, the dog owner is liable. It is important for all dog owners to check with their homeowner's insurance carriers / companies to make sure that there is coverage under the policy for dog bites. I was recently contacted by the father of a young girl who was bitten by a dog. The "good news" was that the dog owner had homeowner's insurance coverage. The "bad news" was that there was a dog bite exclusion. In other words, the insurance policy had an exclusion or exception for dog bites. As such, there was no liability insurance in place for dog bites. If you or your child has been bitten by a dog, it is important to retain a Florida Child Injury Lawyer to determine the legal options, coverages / exclusions under the homeowner's liability insurance policy, and other legal issues.

The Florida Times Union Newspaper and the Palm Beach Post Newspaper have reported that a 16 year old West Palm Beach teen shot himself accidentally while talking on the phone. The name of the teen was not released but it appears that he was playing with the gun when it went off. He was found dead at his home. It is truly a sad story. First, a 16 year old should not have a gun or access to the gun. Second, anyone who is handling a gun should be fully concentrating on the responsibility and dangers of handling a gun. As such, it is never a good idea to talk on the phone, watch television, or do any other type of activity that distracts you from the dangers of a gun. Many children die or are serious injured every year as a result of accidental shooting incidents. Keep guns locked up at all times. Keep guns away from children. Do your best to teach your children of the dangers of guns for their safety, protection and welfare.

Halloween brings with it a festive day and night of parties and trick or treating. Kids come home with sacks of candy that could last them quite a long time. The American Medical Association issued tips to prevent food / candy choking in small children.

Children under the age of 4 should not be given hard smooth foods like sunflower seeds, nuts, popcorn, hard candy, and some raw vegetables. Soft foods that pose a danger include grapes, hot dogs, sausages, and peanut butter. Choking can occur when the child is not paying attention or is playing inside or outside the house while eating. It is especially important for Florida pre-school teachers, aides, day care and child care workers to closely monitor meals and snacks of young children. Dangerous foods are often sent in with the child or a classmate. It is amazing that one small grape and other foods can change the course and quality of a child's life due to the risks and complications of choking incidents. I know a family in Jacksonville, Florida who had a young daughter in a pre-school program. The daughter had a choking incident as a result of a grape that got stuck in the child's airway. Fortunately, the little girl survived and is doing fine. A few wise and quick thinking day care / child care workers came to the rescue and dislodged the grape out of the child's airway.

You can read more about these tips at Gum and Candy - Cause of Choking in Children - reported that the Colorado State Web Site.