Posted On: January 31, 2009

Jacksonville (Duval County) Florida - Are Dogs Required to be Licenses and Vaccinated Under City Ordinances?

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Jacksonville (Duval County) Florida - Are dogs required to be licensed and vaccinated? The simple answer is Yes. Pursuant to the City Ordinance for Jacksonville, Florida, dogs must be vaccinated for rabies. All dogs must be licensed and the license must renewed every year.

These licensing and vaccination requirements are for the safety and protection of the general public, the dog, and dog owners. Having up to date vaccinations and licensing helps reduce stray dogs without up to date vaccinations in the community. You can read more information about Jacksonville's licensing and vaccination requirements at the City of Jacksonville Florida - Aninal Care and Control Website.

Posted On: January 30, 2009

Florida Law - Who Is Responsible for Compensation for Injuries and Damages for a Rear End Crash / Collision) ?

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In Jacksonville, Florida and other Florida cities, there are rear end crashes / collisions every day. In these automobile accidents, the police officer will typically issue the traffic citation to the driver who rear ended the other driver. Pursuant to Section 316.0895, Florida Statutes - Following Too Closely, Florida law mandates that the driver of a motor vehicle shall not follow too closely to another motor vehicle than is reasonable and prudent. If there is a crash, the police officer and judge for that matter will presume that the driver who rear ended the other driver is at fault unless there is some compelling reasons to make a different conclusion. It is important for a driver to maintain a safe distance so that the driver can bring his or her vehicle to a stop in case traffic ahead stops or slows for traffic or other road conditions.

Inattentive and careless drivers cause rear end accidents that result in serious personal injuries and related medical bills and lost wages for victims of these accidents. Driving slower at a safe distance could have avoided many of these accidents. When a person is faced with serious personal injuries and related bills, it is helpful to have the advice, counsel, and representation of a Florida personal injury lawyer to help you with these legal matters.

Posted On: January 29, 2009

Seven Students Injured in Bus Accident in Broward County Florida

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Seven students from the Pine Ridge Education Center in Broward County, Florida suffered personal injuries when another driver rearended their school bus. According to reports, the school bus was stopped at a red light. How could the other driver have not seen the school bus? Many rear end accidents in Florida result from driver inattention, distraction, and excessive speed for the road and traffic conditions.

Pursuant to Section 316.0895, Florida Statutes - Following Too Closely, a driver shall not follow behind another motor vehicle more closely than what is reasonable and prudent. What is reasonable and prudent under this statute? It all depends on the speed of the vehicles, traffic, road conditions, and other circumstances. Florida law presumes that a driver that rear ends another vehicle is negligent unless there is a viable excuse or explanation for the accident.

You can read more about the school bus accident in Broward County, Florida at Seven South Florida Students Injured in School Bus Accident.

Posted On: January 28, 2009

Putnam County Man (Eric Kisielewski) Dies As a Result of Accidental Hunting Shooting in Hawthorne, Florida

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Eric Kisielewski, age 25, of Orange Springs, Florida was the unfortunate victim of a hunting accident in Hawthorne, Florida which is located near Gainesville, Florida. Apparently, Mr. Kisielewski was walking through some heavy brush with his hunting partner, William R. Goethe, of Ocala when Mr. Goethe's shot gun discharged and shot Mr. Kisielewski. At this, investigators believe that the shooting death was accidental. The incident will be further investigated by the Putnam County Sheriff's Office and the Florida Department of Law Enforcement. You can read more about this incident at Hunter Accidentally Shot and Killed in Hawthorne, Florida.

Posted On: January 27, 2009

Miami Florida Mother Hopes Son's Accidental Gun Death Will Lead to Gun Safety for Others

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On January 17, 2008, Morris Stein was the victim of an apparent accidental shooting in Tallahassee, Florida. Robin Stein has many memories of her son and has made it a mission to educate others about the dangers of guns and the importance of gun safety. Robin Stein even started a foundation in the memory and spirit of her son called the Most Foundation located at www.themostfoundation.org. Gun safety and education are so vital according to Robin Stein. She believes that tragedies that the one involving her son can be avoided.

You can read more about this story and Robin Stein's mission to honor the spirit of her son at Mother Works to Make a Difference Following Gun Death of Son.

Posted On: January 26, 2009

Buckman Bridge Crash - Leaves 1 Dead and 3 Injured - Use of Emergency Lane - Death Investigation

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A crash on the Buckman Bridge in Jacksonville / Orange Park, Florida has left one man dead and three injured according to the Florida Highway Patrol. The FHP reports that Jhony Nunez-Serrano was stopped hearing Northbound in the emergency lane at about 3:45 a.m. Another man, John Dame Robinson, of Green Cove Springs, crashed into the Nunez-Serrano vehicle. As a result of the crash, Mr. Nunez-Serrano died and three others were injured. The Florida Highway Patrol will complete a death investigation into this matter to determine the causes and contributing causes for the crash. Mr. Nunez-Serrano reportedly had mechanical problems with his vehicle and pulled into the emergency lane. It is uncertain and unknown at this time why James Dame Robinson was in the emergency lane. It is also certain if Jhady Nunez-Serrano put his caution / flashing lights on when he pulled over.

Toxicology testing will be completed for each driver to determine if drugs or alcohol played any role in this accident. In Florida, automobile accident cases are subject to comparative fault negligence laws. In other words, a jury can apportion fault between two or more people or Defendants if the jury determines more than one party was at fault. The Florida Highway Patrol report is important but is not binding for a civil case by an injured party. As such, an injured party can retain his or her own attorney and accident reconstruction expert to pursue a civil action regardless of the conclusions of the Florida Highway Patrol investigation, report, and conclusions.

You can read more about this unfortunate crash at One Dead, Three Hurt in Early Morning Buckman Bridge Crash in Jacksonville / Orange Park, Florida.

Posted On: January 25, 2009

Three Children Dead in Rear End Crash in Miami, Florida - Investigation, Rights and Responsibilities

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A tragic automobile accident took place in Miami, Florida. The Florida Highway Patrol reported that a father was driving a mini van that was rear ended by a SUV. The father, Hector S. Serrano, was stopped at a red light when he and his children were rear ended by a SUV driven by Gabriel Delrisco. The children, Hector Serrano (age 10), Esemeralda Serrano (age 7) and Amber Serrano (age 4) were pronounced dead at the scene.

Officials with Florida Highway Patrol and Metro Dade Police will further investigate this case to determine if alcohol or drugs played a part in the accident. It is most unfortunate that innocent children had to die as a result of what appears to be careless driving in this rear end accident. You can read more about this story that was reported in the Miami Herald and the Associated Press at Three Children Dead in Rear End Crash in Miami, Florida.

Posted On: January 25, 2009

Day Care Center Evacuated Due to Bomb Threat - Supervisor Evacuates Facility

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A Jacksonville Beach day care center was recently evacuated due to a bomb threat that was found by one of the supervisors at the facility. Beaches Academy Child Enrichment Center supervises children from pre-school to fifth grade and also some infants. The director of the facility, Donna Jordan, found a bomb threat note in her desk. Immediately after finding the note, she evacuated the facility. Police were called and used a K 9 officer and his dog to sweep or inspect the building for possible bombs. Fortunately, no bombs were found and the children were properly evacuated with no reports of injuries. Donna Jordan did a good job of handling the situation and making sure that the children were in safe place in a quick and orderly manner.

You can read more about this article at Bomb Threat at Jacksonville Beach, Florida Day Care Center - Children Evacuated.

Posted On: January 24, 2009

Hialeah, Florida Man Punches Baby in Carjacking - Faces Criminal Charges

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Some criminals do not care who they harm. In Hialeah, Florida, a carjacker, Francisco Oses, has been charged with carjacking, attempted kidnapping, and aggravated child abuse. The victim, Jessica Baez, was waiting for her husband in a Walgreen's parking lot and had four children in her Mitsubishi Endeavor. Oses failed in his attempt to car jack the SUV. During the scuffle with Mrs. Baez, Oses punched Mrs. Baez and even punched her 18 month old toddler. Mr. Oses fled the scene on foot and was later arrested.

You can read more about this article at Carjacking and Baby Punching - Man to Face Serious Criminal Charges in Hialeah, Florida.

Posted On: January 23, 2009

Former State of Florida Spokesman Pleads Guilty to Production of Child Pornography

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A former State of Florida spokesman for the Florida Department of Children and Families recently pleaded guilty to charges of production of child poronography. Albert Andre Zimmerman worked for the Department of Children and Families, a Florida agency responsible for investigating allegations of child abuse and neglect. It is quite frightening that Mr. Zimmerman was a spokesman for the Department and also engaged in such illegal behavior. In particular, Mr. Zimmerman e mailed six teenage boys and persuaded them to engage in sexually explicit conduct and have the boys e mail the photographs to Mr. Zimmerman. Criminal defendant and felon Zimmerman now faces between 15 years and 30 years in prison.

You can read more about this story at Florida Statesman Pleads Guilty to Charge of Production of Child Pornography.

Posted On: January 23, 2009

Teenager - Joshua Sage Jumps From School Bus and Dies in St. Petersburg, Florida

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Joshua Sage, age 18, jumped off a school bus in St. Petersburg, Florida. He died as a result of a skull fracture. What a terrible thing to happen? Why did this happen? As reported by the St. Petersburg Times and the Associated Press, Joshua was on a school bus. Children were misbehaving and being rowdy on the school bus so the bus driver decided to return back to St. Petersburg High School. Joshua feared getting in trouble for the behavior problems and decided to jump off the bus.

School districts in Florida have rules and procedures for dealing with behavior problems on buses. For some reason, some children / students feel that the school bus is a jungle gym or some other play area. Some children do not feel that "goofing around" is ok on a school bus since the bus driver cannot see you and the school bus is off of school grounds. When children are out of control on school buses, children can get hurt and suffer serious personal injuries.

School bus drivers have a challenge in driving our children in the State of Florida. It is important that the school bus driver maintain control but this is not always easy with children, especially teenagers who have minds of their own.

You can read about the Joshua Sage story at Teen Jumps From School Bus in St. Petersburg, Florida.

Posted On: January 22, 2009

Federal Judge Orders Santa Rosa County Schools to Stop Promoting Religion in the School

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A Federal Judge ordered San Rosa County, Florida Schools to stop promoting religion in the public school system. A lawsuit was filed by the American Civil Liberties Union against the school district in August. The lawsuit claimed that school official were proselytizing and conducting other religious activities in the school system. Public schools in the State of Florida and its employees are prohibited from promoting religion in the public school. The Santa Rosa School District admitted to the allegations and offered to correct the unconstitutional practices that took place within the school system. You can read more about this story at Federal Judge Orders Schools in Santa Rosa County, Florida To Stop Promoting Religion.

Posted On: January 21, 2009

National Advocacy Group and Florida Mom Seek to End Restraints of Special Education Students - Problems with Injuries and Deaths

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Phyllis Musumeci is the founder of Florida Families Against Restraint and Seclusion and the National Families Against Restraint and Seclusion. Phyliss is also a mom on a mission to end restraints on special education / special need students. Unfortunately, many special education law students including those with autism, ADHD, cerebral palsy, and other disabilities, are unduly restrained in public and private schools in Florida and the rest of the United States. Phyliss was asked to speak by the National Disability Rights Network in Washington, D.C. A new report on the issue of restraints and seclusion of special education students show widespread use in public schools throughout the nation. Some child rights and education rights advocates believe that the restraints amount to abuse and neglect of these students. Furthermore, the use of these restraints often times causes serious personal injuries and the wrongful death of special education students.

Under Florida law, school officials can restrain a special education student who is deemed to be a danger to themselves or others in the school environment. Muscumeci and others believe that Florida law is too vague and that children are often restrained when there is no danger at all to themselves or others. In public schools, some students are restrained for convenience of the teacher or staff rather than for the safety and welfare of the student. You can read more about Phyliss Muscumeci's efforts and the problems of restraints of special education students at Child Advocacy Groups and Mom Seek to End Restraints of Special Education Students in Florida and Other States.

Posted On: January 20, 2009

Search Continues for Missing 6 Year Old Boy (Adji Desir) in Immokalee (Collier County) Florida

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Police, family, and volunteers continue to search for a missing 6 year old boy (Adji Desir) in Immokalee (Collier County) Florida. The United States Post Office and the National Center for Missing and Exploited Children sent 50,000 flyers out in hopes of spreading the word about this missing child. The 6 year old is developmentally disabled and has the mental capacity of just a 2 year old. The boy has been missing since January 10, 2009. You can read more about this story at Post Office Sends Out 50,000 Fliers In Continued Search for 6 Year Old Boy in Collier County, Florida. You can see photos and videos of Adji and the search at the Naples Daily News Website.

Posted On: January 19, 2009

Toddler Left in Car in Longwood, Florida While Mother Parties

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The Orlando Sentinel and the Seminole County (Florida) Sheriff's Office report that a mother left her toddler in a car with the engine one while she went out to party. The car was left unattended and unlocked. Then, David Carver, age 36, allegedly stole the car with the child inside. The Seminole County Sheriff's Office issued an amber alert for the chile who is identified as Jamir Abduli Worgs. You can read more about this story at Seminole County Mother Leaves Child Unattended in Car While She Is Out Partying.

This story illustrates the type of parenting that takes place when a parent has an issue or problem with drugs or alcohol. Children need close supervision and attention. Drugs and alcohol, as well as immaturity and a lack of common sense, put children at danger due to poor judgment, poor decisions, and inattention on the part of a parent.

Posted On: January 18, 2009

Jacksonville Florida Kindergarten Teacher Charged with Drug Possession

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A Jacksonville, Florida kindergarten teacher was charged with drug possession. Gina R. Cevasco, age 38, was transferred to a position involving no student contact pending an investigation into her arrest and criminal charges for drug possession. Ms. Cevasco is a kindergarten teacher at Cedar Hills Elementary School. She was arrested after policy went to her home to investigate a drug complaint. The officer found marijuana and a crack pipe in the home. A handgun was also found in the home. A search of Ms. Cevasco's room located more marijuana and some prescription pills.

The police investigation will involve the interview of witnesses and a determination of Ms. Cevasco's involvement with the possession of these drugs. It appears clear that someone in this home was using drugs. The key question in the criminal investigation will be who possessed the drugs - mother, son, and / or others.

You can read more about this story at Cedar Hills Elementary School Teacher Charged with Drug Possession.

Posted On: January 17, 2009

Car Chase From Police in Treasure Island Florida Leads to Child Abuse Charges

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Lamesha Nicole Ware was reported to lead police on a car chase for 5 minutes in Treasure Island Florida. She was arrested for driving 20 miles over the speed limit and for child abuse, fleeing and eluding and driving with a revoked license. She was place in the Pinellas County Jail with a $20,000 bond. It appears that Ms. Ware fled the police because she was had a revoked driver's license. Driving recklessly through the streets of any Florida city puts children in the vehicle at risk as well as children in other vehicles and children pedestrians. There have been many incidents where a police chase has led to serious personal injuries and even death. Drivers should pull over when required to by police. You can read more about the police chase and crimes of Lamesha Nicole Ware at Police Chase in Treasure Island Florida Leads to Arrest.

Posted On: January 16, 2009

Florida Teeanger Dies in Construction Site Trench in Port Charlotte, Florida

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In Florida, construction sites can be dangerous to children for a number of reasons. In Port Charlotte (Charlotte County), Florida, a 14 year old boy died after falling into a muddy trench at the construction site for the Behtanie Seventh Day Adventist Church. Danile Riccardi, Jr. was helping his father at the church construction site. He was trying to get water from a trench to mix concrete. Unfortunately, the process of trying to get the water, he fell into a trench. The trench's muddy area made it quick sand like in nature and the boy could not get out of the trench on his own. In fact, it took the Fire Rescue department over two hours to dig him out of the hole. The Occupational Safety and Health Administration will conduct an investigation into this incident.

The Occupational Safety and Health Administration will investigate the death. Numerous questions or issues will be addressed by this and any other investigations:

*How was the area near the trench set up?
*How long was the trench in place?
*Who knew about the trench?
*What entity had the responsibility for maintaining the property in the area of the trench?
*What safety measures should have been taken by the landowner?
*What safety measures should have been taken by the construction company?
*What safety measures should have been taken by the general contractor?


You can read about his story that was reported by the Associated Press and Sarasota Sun Tribune Newspaper at Port Charlotte, Florida Teens Dies in Construction Trench at Church.

Posted On: January 15, 2009

Disney World Installs Defibrillators at Resort Thrill Rides

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Disney World has been the site of some heart attacks and other medical conditions during thrill rides. As far as I can remember, there are warning signs on many of the high action thrill rides advising of the risks of the rides to guests with heart conditions, guests with pace makers, guests who are pregnant, and other guests. Some take the risks of the ride even though they are aware of the risks. Others do not know that they are at risks and then suffer a medical condition or event during the ride. Whatever the situation, it is important for Disney World located in Orlando, Florida and other theme parks throughout Florida and the rest of the nation to be prepared for a medical emergency that takes place during a ride at a theme park. Disney World sets up its theme parks in a way that encourages people to remain at the park rather than leave and come back. It is quite a chore, walk, and ride to get back to your vehicle at Disney World. Due to this, it makes it even more important for Disney World to be prepared for a medical emergency. Hopefully, the number of medical emergencies in the future at Disney World are limited in number. When there is a medical emergency and a defibrillator is available, then the staff should be trained in its use, the defibrillator should be in good working order, and the defibrillator should be properly used. The timely and proper use of a defibrillator can save a life. You can read more about this story at Disney World To Install Defibrillators at Its Thrill Rides.

Posted On: January 14, 2009

Dump Truck Driver Runs Red Light and Crashes into School Bus with 19 Children in Lee County, Florida

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School buses are heavy and secure vehicles except when they get into a crash with a dump truck. In Lehigh Acres (Lee County), Florida a dump truck driver ran a red light and crashed into a school bus with 19 children on the school bus. Several students and the drivers were taken to the hospital for treatment.

This story shows the importance of all drivers especially those driving big commercial vehicles like dump trucks to follow traffic signals and signs. Running a red light can lead to serious personal injuries and death for that matter. Had the children been in a compact car, the injuries would have been far worse.

You can read more about this story at Dump Truck / School Bus Accident in Lee County, Florida.

Posted On: January 13, 2009

Parenting 101: Do Not Sell Your Children for Money, Beer, or Meat

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A father in Greenfield, California was recently charged with human trafficking for the sale of his 14 year old daughter for $16,000, 10 cases of beer, and several cases of meat. He lost a daughter but bought himself a party. This truly is no way to parent a 14 year old child or any child for that matter. Read this month's newsletter to find out more details of this bizarre and most unfortunate story at Parenting 101 - Do Not Sell Your Children for Beer, Money, and Meat - A True Story in California.

Children are priceless and should not be treated like the sale of a dog or piece of furniture. Clearly, Florida and all 50 States for that matter make the sale of a child for marriage, sex, or otherwise illegal.

Posted On: January 13, 2009

6 Year Old Gainesville, Florida Girl (Jani'yah Irving) Run Over By Semi Truck in No Through Route for Trucks

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In Gainesville, Florida, a 6 year old girl (Jani'yah Irving) was run over by a semi truck on Northwest 12th Terrace and Northwest 32 Avenue. Jani'yah was riding her bicycle with a friend. Jani'yah had problems stopping at an intersection / stop sign and rode her bicycle under the large semi truck driven by Marcus Olden, Jr. Tragically, Jani'yah was run over by the rear wheels of the truck. While Jani'yah may not have been wearing a bicycle helmet, it does not appear that this would have made any difference with respect to the fatal injuries suffered by Jani'yah.

The Gainesville Police Department and / or the Florida Highway Patrol will conduct an investigation into the death of Jani'yah Irving. In conducting the investigation of this accident, investigators may consider the following factors:

What was the speed limit in the area?
What was the estimated speed of the truck driver?
What was the estimated speed of Jani'yah?
Were the street signs in the area (No Through Trucks, Stop Sign) clearly visible?
Why did the truck driver drive into an area with the No Through Trucks sign?
What other routes were available to the truck driver?

In addition to the police, the family can also retain the services of a private accident reconstruction expert to get an independent analysis of the incident and causes for the same.

It is a shame that such tragedy has befallen the Jani'yah Irving and her family. This incident was the first traffic death of the year for Gainesville, Florida. You can read more about the story at Girl Killed on Bicycle by Truck in Gainesville, Florida.

Posted On: January 13, 2009

Bonita Springs Man (Jan Willem Koks) Arrested for Cruelty to a Child (Fractured Leg) in Bonita Springs, Florida

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Jan Willem Koks, age 24, was arrested and jailed in Lee County (Bonita Springs) Florida recently with a charge of cruelty toward a child. According to the Lee County Sheriff's Office arrest report, the 2 month old child was taken to the hospital 17 hours after observation of a visible injury. When the parents were at the hospital, there was no explanation for how the injury occurred. A cold or flu can take place for unexplained reasons. Typically, there is a reason or explanation for a fractured leg on such a young child. The fracture to the right leg, bruising in the area of the fracture, delay in treatment, delay in reporting, and other factors led the hospital to report this matter to the police and led the police to an arrest. Under Florida law, Mr. Koks will have the right to an attorney and a trial if necessary. Hopefully, additional information will be obtained through the investigation that will help explain how this child was hurt. The Florida Department of Children and Families put the child into sheltered care pending the investigation. In many instances, the child will be placed in the care of extended family with orders in place as to no contact or supervised contact from the parents. You can read more about the story at 2 Month Old Shows Up at Lee County Hospital with Leg Fracture.

Unfortunately, children suffer personal injuries and even death in Florida schools, day care centers, neighbor's homes, playgrounds, malls, theme parks, and, yes, even there own homes every day. Injuries inflicted due to abuse, neglect, or negligence should be investigated by the police, Department of Children and Families, and / or a Florida Child Injury Lawyer. Children should be protected (not harmed) and given the best care and supervision by parents, family, caregivers, teachers, friends, and neighbors at all times.

Posted On: January 12, 2009

Four Year Old Christopher Robles Died After Being Struck by Van in Front of Hartsfield Elementary School in Leon County (Tallahassee) Florida

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Four-year-old Christopher Robles died Friday after he was struck by a van in the street in front of Hartsfield Elementary School in Leon County (Tallahassee) Florida. Christopher got out of his mother's Jeep Cherokee and then ran into the street according to news reports. Christopher was hit as he was crossing the street by a teacher (Cynthia Roy) who was driving a Chevorlet Van. Christopher did not use the crosswalk. According to Tallahassee Police Department Officer David McCranie - the child appeared to have darted out in front of traffic. Officer McCranie noted that speed or alcohol did not appear to have any part in this accident. You can read about this tragic incident at 4 Year Old Hit by a Van at Hartsfield Elementary School in Leon County - Tallahassee, Florida.

It is a sad and tragic event for both the Robles Family and the Roy Family. It is interesting to note that teachers face challenges everyday in the classroom. In addition, teachers have to drive into a school zone every day as part of work. School zones are loaded with children like Christopher Robles and it can be a challenge each day for a teacher to pull his or her vehicle safely into a parking lot while making sure to watch out for children, teachers, and parents.

In Florida, a 4 year old child cannot be held negligent for his or her own actions. A parent can be held negligent for negligent supervision. Other drivers can also be held negligent as well. Florida has a concept called comparative negligence. In other words, a jury could ultimately determine that more than one person was at fault or negligent for an incident taking place. It should also be noted that under Florida law an investigating police officer does no get to be judge and jury for the cause of an accident in a civil case. Unless the police officer actually witnessed the incident, the police officer can be precluded with proper motion and argument from giving an opinion as to who the police officer believed was at fault or the cause of an accident.

Further investigation of the death of Christopher Robles will be completed by the Tallahassee Police Department and the Florida Highway Patrol.

Posted On: January 11, 2009

Volusia County Teen Doused with Gasoline and Burned - Legal Rights and Responsibilities

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The Associated Press reported that a Volusia County 17 year old was doused with gasoline and severely burned at a bonfire. The brief news story reported that it was an accident. Bonfires take place at various functions in Florida and other places. Once the bonfire is set, it is important for the bonfire to be properly monitored and supervised so that nobody is injured or burned from the bonfire or any of the materials that go in or come out of a bonfire. You can read about this story at Volusia County, Florida Teenager Burned After Being Doused with Gasoline.

The burn injuries of this Volusia County teen raises many questions that would play a part in the legal responsibility for the burn related injuries and related medical expenses in bills. In particular, as a Florida child injury lawyer, the following legal questions / issues come to mind:


Who was the owner of the property where the bonfire took place?

Who set up the bonfire?

Who was responsible for the monitoring of the bonfire once it was set?

Who was monitoring the bonfire at the time of the incident?

How did the incident take place?

What was the response to the injury?

What first aid was available?

Hopefully, the teenager will receive top level medical care to attend to the burns that she sustained as a result of being doused with gasoline. Cases involving scarring are particularly troublesome for child as the injuries can last a lifetime and can sometimes affect dating, social interaction, high school, college, and employment.

Posted On: January 10, 2009

Deltona Boy Attacked and Bitten by Family Dog

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Florida children are the unfortunate victims of dog bites. Florida children get bit by stray dogs, neighbor's dogs, guard dogs, and, yes, their own dogs as well. I typically tell my children and others that dogs can be unpredictable animals. No matter how much you love the dog - the dog still may have a propensity to bite for good reason for no reason at all. That is why the State of Florida makes dog bites a strict liability injury. In other words, a person does not have to show that the dog was dangerous or previously bit a person. There is no one free bite rule in the State of Florida. Barring limited exceptions, a dog owner is liable for a dog bite.

A 6 year old Deltona, Florida boy was the unfortunate victim of getting bit by his family's dog. In this case the dog was a Rottweiler which is a breed that has a reputation for frequent dog bites. Nevertheless, the dog was the family dog and is an incident that can happen in any household with any dog. This story was reported by the Daytona Beach News Journal and the Associated Press at Boy Attacked by Family Dog in Deltona Florida.

Posted On: January 9, 2009

Florida - Number One State for Infant Drowning Rate in the United States

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Florida enjoys the reputation of being a tourist destination with warm weather and fun theme parks like Disney World, Universal Studios and Busch Gardens. Unfortunately, Florida also has the distinction of being the number one State in the United States for drownings. The United States Consumer Product Safety Commission ranks Florida as the number one State for infant drowning deaths. It is interesting and tragic to note that drowning is the second leading cause of death in children under the age of 14. In many drowning death and injury cases, the incidents are avoidable with better safety precautions and supervision. Barriers like pool fences and screen enclosures can help prevent many of child injuries and wrongful deaths due to drownings but parents and homeowners should not completely rely on these safety devices. Supervision is also important anytime children are playing in or near a pool area. You can read more about

You can read more about the problems and dangers of drownings and Florida and other States at Florida Has Number One Ranking in Swimming Pool Drownings.

Posted On: January 8, 2009

Florida Day Care - What Are Religious Exempt Day Care / Child Care Centers?

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In Florida, a day care center / child care center can apply for a license from the Florida Department of Children and Families. In the alternative, a day care center / child care center can apply for religious exempt status. If the day care center / child care center applies for religious exempt status, the facility still must get accreditation from a State of Florida approved agency in order to legally operate as a day care center / child care center. Religious Exempt day care centers / child care centers are still required to follow the Florida Administrative Code and other Florida laws as to the proper operation of the facility and the supervision of the children.

You can read rules, regulations, and information regarding Religious Exempt Day Care / Child Care Center in Florida at the Official Website for the Department of Children and Families - Religious Exempt Day Care Facilities.

Posted On: January 7, 2009

Florida Teen Sexually Assaults / Rapes Girl in Special Needs Classroom at Kanapaha Middle School in Gainesville Florida - Is the Alachua County School Board Liable for Negligent Supervision?

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Special needs students in public schools have every right to be educated and supervised based on these special needs. Close and consistent supervision are key ingredients to the safety and welfare of these students. A tragic sexual assault took place at the Kanapaha Middle School in Gainesville, Florida. While a teacher stepped out of the classroom leaving no other teachers or school staff in place for supervision, a 14 year old special needs child was raped. In fact, one boy raped the girl while another held her down. These criminal acts took place while in the Alachua County School System during the school day during day light hours. Certainly, this reprehensible act of violence and abuse of the 14 year old girl would never have happened with a teacher or other adult the classroom. The Alachua County School District is liable for the actions and inactions of its teachers. While the teacher did not want this event to happen, the teacher negligently created an unsupervised environment that the incident did happen. Under Florida Statutes, the Alachua County School Board can be placed on formal notice for negligence and related damages and personal injuries. Then after the expiration of the formal notice period, the Alachua County School Board can be sued.

It is unfortunate that the school, school board, and teacher learned a lesson out of this tragedy. That lesson is that 10 minutes of missing or neglectful supervision can leave to a traumatic event that a 14 year old girl will need to live with for the rest of her life.

You can read more about this story at Alachua County (Gainesville) Florida Special Needs Child Raped in Classroom by Another Student.

Posted On: January 7, 2009

6 Month Old Jayla Lee Killed in Central Florida Car Crash

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Running a red light is a traffic violation. It can also lead to the death of innocent victims like Jayla Lee who was killed in a traffic accident that took place in Lake Wales, Florida. Mitchell Andrew Hilkemeyer ran a red light and crashed into the 1999 Chevrolet driven by Nicole Pounds and her passengers which included Jayla Lee. Jayla was seated in a child safety seat at the time of the crash. The Florida Highway Patrol reported that Jayla died at the scene.

It is a tragedy that a child dies and others sustained serious personal injuries when a driver runs a red light. This story shows the importance of following the rules of the roads and traffic devices. Take a few extra minutes each day to follow the rules of the road and traffic signals. It may take you a few minutes longer to get to your destination but these simple acts of following the law and traffic regulations can truly save lives. You can read about this story at Baby Killed in Central Florida Car Crash.

Posted On: January 6, 2009

Former Atlantic Beach Florida Police Officer Christopher Crews Sentenced for Child Pornography on his Computer

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In Jacksonville, Florida and other cities throughout the United States, child pornography is an ongoing problem. It is most unfortunate that some people who promote or possess such pornography of children are those in positions of trust like the clergy, teachers, coaches, day care workers, and, yes, even the police. A former Atlantic Beach (Jacksonville) Florida police officer (Christopher Crews) was sentenced to 13 months in prison after pleading guilty to criminal charges of having child pornography on his computer. After his arrest in 2007, Officer Crews was fired by the Atlantic Beach Police Department. A psychologist assessment during the proceedings concluded that Officer Crews was a pedofile.

You can read more about this story at Former Police Officer Pleads Guilty of Child Pornography on his Computer.

Posted On: January 5, 2009

What To Do If You Have a Complaint or Grievance Against a Florida Day Care / Child Care Center?

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What should a parent or caregiver do if he or she has a complaint or grievance against a Florida day care / child care center? Well, this simple question may have a variety of answers depending on the facts or circumstances of the complaint or grievance. I typically ask the parent / caregiver the following questions?

How old is the child?
How long has the child been in the day care / child care facility?
Is the child currently enrolled in the day care / child care facility?
What actions or inactions of the staff caused your child harm or personal injuries?
What medical care or treatment was provided for the day care related injuries?
What documents (if any) did the parent receive from the day care center?
What was the explanation (if any) of the injuries sustained by the child?

A parent or caregiver can and should act as an advocate for the child's health, safety, and welfare in a day care / child care facility in Florida. In addition, depending on the circumstances, it may be advisable to report the incident and demand an investigation through the Florida Department of Children and Families. You can read more about filing a complaint or grievance through the Florida Department of Children and Families at Official Website for the Florida Department of Health - What To Do If You Have a Complaint with a Florida Child Care / Day Care Center.

The concerned parent or caregiver can consult with a
Florida Child Injury Lawyer / Attorney
to determine the respective rights of the child and family and the legal obligations and responsibilities of the day care / child care center. It makes sense to get the advice from an attorney / lawyer as to both the legal and practical aspects of pursing legal action for a day care / child care related personal injury.

Posted On: January 4, 2009

Lauderhill (Broward County) Florida Day Care Center Under Investigation After Baby (Robert Porter) Was Scalded / Burned

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The South Florida Sun-Sentinel reported that an 8 month old baby, Robert Porter, was injured at Uncle Charles Learning Center located at 3421 West Broward Boulevard, Lauderhill, Florida. Apparently, the child was injured from a hot water bottle heater that spilled over the child's face and head while he was under the care and supervision of Uncle Charles Learning Center. Robert suffered second degree burns as a result of the incident. Criminal charges are being investigated and considered by local authorities. Day Care Centers like Uncle Charles Learning Center have a duty under Florida law to provide for a safe physical environment for the children. Water scalding burns should not happen in a day care center if the facility is properly equipped and the child are properly supervised. In addition to scalding water, day care facilities should keep other hazards away from children including but not limited to sharp objects / knives, tools - screwdrivers, hammers, etc. . ., chemical and cleaning products, medications, and other things that could potentially hard the child. You can read more about the Robert Porter story at 8 Month Old Burned at Day Care Center in Lauderhill, Florida.

Posted On: January 3, 2009

Flagler County Sheriff's Office Arrest Woman on Child Pornography and Sex Charges

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The Flagler County Sheriff's Office recently arrested Tina Marie Smith, age 43, of Palm Coast for child pornography and having sex with a minor. Her husband, Alton Everett Smith, Jr., is being sought for the same charges. Investigators found computer disks showing minor boys and girls (some believed to be as young as 8 years old) engaged in various sexual acts. Some of the photographs located may even have Tina Marie Smith and / or Alton Everett Smith, Jr. in the photographs. The couple face 37 charges of child pornography. Anyone with information on the location of Alton Everett Smith, Jr. or this case should contact the Flagler County Sheriff's Office or other authorities. It is reported that Mr. Smith may be travelling on the Intracoastal Waterway in a blue and white sailboat. Be on the look out for hull numbers FL1581MJ.

You can read more about this story at Flagler Couple Part of Child Pornography and Sex Acts in Flagler County (Palm Coast), Florida.


Posted On: January 2, 2009

Arrest Made in Jacksonville, Florida in Infant Beating Death

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Jacksonville, Florida was the unfortunate location of headlines lately for the arrest of Jonpaul Anthony Harms (age 20) for the beating death of an infant. According to the Associated Press and Florida Times Union newspaper, Mr. Harms hit his girlfriend's infant twice with his fist because the child would not stop crying. An autopsy of the child indicated that blunt force trauma was the cause of death of the child.

Child, especially infants, will cry periodically. Why does a child cry? It could be because the child is hungry, thirsty, hot, cold, not feeling well, scared, sleepy, and a number of other reasons. Beating, punching, hitting, pushing or harming the child in any manner is no solution for a crying child. It is a crime. You can read more about the arrest of Jonpaul Anthony Harms at 20 Year Old Arrested in Jacksonville Infant Beating Death.

Posted On: January 1, 2009

Florida Highway Patrol Reports Boy Fatally Injured While Riding a Bicycle Crossing U.S. 301

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The Florida Highway Patrol recently reported the tragic death of a 7 year old boy. In Thonotosass, Florida, a 7 year old boy was crossing U.S. 301 on his bicycle when he was hit by a vehicle. He was riding his bicycle with his mother and sister nearby. The family was riding on a bike trail prior to crossing U.S. 301. The crash is under investigation by the Florida Highway Patrol.

This story was reported by the Jacksonville Times Union Newspaper and the Associated Press at Florida Highway Patrol Reports Death of 7 Year Old While Crossing 301 on His Bicycle.