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.

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

Posted In: Child Safety , Government Studies , Medical Care & Health Issues

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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.

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

Posted In: Automobile Accidents , Bicycle Injuries , Child Safety , Pedestrian Injuries , Wrongful Death

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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.

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

Posted In: Automobile Accidents , Automobile Insurance , Traffic Citations , Traffic Citations , Trucking Accidents , Wrongful Death

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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.

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

Posted In: Child Safety , Dogs / Dog Bites / Animals / Pets , Homeowner's Insurance / Injuries at a Home

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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.

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

Posted In: Child Safety , Education , Internet, E-Mail, Text Messaging , School Safety , Sexual Offenders / Predators

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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.

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

Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Day Care Centers and Child Care , Education , Homeowner's Insurance / Injuries at a Home , Medical Care & Health Issues , School Safety , Violent Crimes

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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.

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

Posted In: Abuse & Neglect , Automobile Accidents , Child Safety , Crimes Against Children , Day Care Centers and Child Care , Education , School Safety , Wrongful Death

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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.

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

Posted In: Alcohol & Drug Issues , Child Safety , Day Care Centers and Child Care , Education , Homeowner's Insurance / Injuries at a Home , Medical Care & Health Issues , School Safety , Wrongful Death

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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.

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

Posted In: Medical Care & Health Issues , Medical Malpractice

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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.

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

Posted In: Child Safety , Dogs / Dog Bites / Animals / Pets , Statutory References (Florida)

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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.

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

Posted In: Child Safety , Medical Care & Health Issues

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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.

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

Posted In: Attractions & Theme Parks , Attractive Nuisances , Child Safety

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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.

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

Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Education , Medical Care & Health Issues , School Safety

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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.

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

Posted In: Attractive Nuisances , Child Safety , Day Care Centers and Child Care , Homeowner's Insurance / Injuries at a Home , Playground & Recreation Injuries , Special Needs Children , Sport Related Injuries , Wrongful Death

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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.