Florida Child Injury Lawyer Blog

In Alachua County (Gainesville, Archer, Alachua, and Waldo) Florida, residents and visitors are subject to the Alachua County Animal Services Ordinance pursuant to Chapter 72 - Animals. A dog owner has a duty under Section 72.12 to maintain "physical control" of the dog when the dog is off the owner's property. "Off the owner's property" includes streets, parks, public property, and private property of others. What is "physical control"? This means immediate and continuous control through the use of a leash or continuous control through the use of an enclosure. The Alachua County leash law serves to protect adults, children, the dog, and other dogs. While many people view their dogs as harmless and docile animals, all people should keep in mind that dogs are animals and, at times, are provoked by instinct or other reasons to attack people and / or other animals. The safety of children in Alachua County, Florida including Gainesville is best served by dog owners who obey and follow the Alachua County Animal Services Ordinance. You can read about the Alachua County, Florida leash law and other provisions of the Ordinance at Alachua County, Florida Animal Services Ordinance.

If a child is bitten by a dog (on or off a leash), the dog owner, under Florida Law, is responsible for the damages caused by the dog bite including but not limited to medical bills (past and future), pain and suffering, and loss of enjoyment of life. If you have a question about a Florida dog bite and the related personal injuries to a child, it is important to have the advice, counsel, and legal representation of a Florida Child Injury Lawyer.

Facebook is a popular social networking website for teens and adults alike. People should be aware that your employers look at Facebook as well. As such, you should be careful as to what you post. Otherwise, you could get into trouble at work and even lose your job. Kimberly Swann, a 16 year old British girl, found this out the hard way. She had a job at Ivell Marketing and Logistics in Clacton, England. She posted that her job was boring on her Facebook page. While she did not name her employer directly, it appears that she only had one job and was bored with her job. Her supervisor / administrator read the post and decided to terminate Kimberly Swann from her "boring job". In this economy, I would recommend that you refrain from commenting on your job on Facebook and other websites. Otherwise, you could end up losing your job and faced with the challenge of finding a new one on in this very troubled economy. You can read more about the Kimberly Swann story at British Girl Loses Job for Posting that Job Was Boring on Facebook.

In Orlando, Florida, a brutal accident took place involving a pedestrian, Nissan Altima, and a semi tractor trailer. A pedestrian was walking across the street when the driver a a Nissan struck the pedestrian. Thereafter, the driver of the Nissan pulled over to check on the pedestrian when a driver of semi tractor decapitated the pedestrian and kept on driving. It was certainly a brutal and unsightly incident. The Florida Highway Patrol shut down the area at West Colonial Driver and Hiawassee Road for three hours to investigate. Investigators will attempt to identify the pedestrian victim with fingerprints. If anybody has any information regarding this accident, the FHP should be contacted. Hopefully, the semi tractor trailer driver can be identified and interviewed in order to find out more about this tragic accident.

You can read more about this story at Semi Tractor Trailer Decapitates Pedestrian and Flees the Scene in Orlando, Florida.

A tragic accident recently took place in Jacksonville, Florida. A teen driver was moving the family car after a church service and accidentally hit his 3 year old nephew. The incident happened at approximately 1:15 p.m. in the afternoon. The teen reported that the driver's seat to the Dodge Intrepid broke as he was driving the vehicle. As a result of the seat breaking, the teen lost control of the vehicle and struck the 3 year old nephew. The 3 year old boy was taken to Shands Jacksonville with life threatening injuries. The incident took place in front of Summerville Baptist Church, near downtown Jacksonville, Florida.

The vehicle should be inspected by law enforcement to determine if the driver's seat caused or contributed to the accident. There are many factors that should be part of the investigation as to the seat:

What was the year of the vehicle?
Were there prior problems with the seat in the past for this vehicle?
Were there prior problems with the seat for Dodge Intrepids in the past?
Has there been any manufacturer recalls for the seat or any of the parts?
Was the seat probably positioned prior to the accident?
Is there a design defect as to the seat?

In addition to law enforcement, the family can hire its own investigator, engineer, and / or Florida child injury lawyer to further investigate this matter.

You can read more about this story at Teen Accidentally Strikes 3 Year Nephew in Jacksonville, Florida.

In Jacksonville, Florida and other cities through Florida and the national, there is a dedicated group of people who do their best to keep our children safe during the school year. Jacksonville, Florida school crossing guards serve a very important function. They are posted at busy intersections and add a safety measure that has undoubtedly saved from serious injuries and death every year. The Florida Times Union Newspaper wrote a nice story about school crossing guards, who through their actions and dedications should be honored and thanked by our community: Sylvia Wilson, Charlie DeSalvo, Faye Goldsby, Faye Goldsby, Connie Horton, and Bernice Washington - Thank you for your service and everything you do to promote the safety of our children. You can read about these dedicated Jacksonville, Florida school crossing guards at School Crossing Guards Take Top Honors.

Teens these days can be quite advanced in what they know and what they do. However, many teens, while loaded with knowledge, often lack good judgment. This especially applies to drinking and driving. It is well know that alcohol impairs judgment and motor skills. When you combine impaired judgment with poor judgment to begin with, you have a most dangerous combination. Because of this, there are alarming statistics out there on teen drinking and driving. Prevention and education are key to making the streets safer for our children. Teens often drive under the influence because they believe that they are invincible. They also drive and do not ask for help for fear of punishment or retribution by parents. While parents should not encourage or accept a teen who drinks alcohol, parents at time need to let their children know that safety is paramount to everything else. If your teen or a friend of your teen needs a ride or assistance, make sure that your child knows that you will be there day or night for a ride. It is far preferable to pick up your child from a party or a friend's house late at night than an emergency room or morgue / medical examiner's office later. You can read more about the problems of teen drinking and driving at Teenage Drunk Driving Risks.

The Internet has become an integral part of our lives. I grew up in an era where computers were emerging as a tool and toy but it clearly was not so pervasive as it is now. Children have access to computer as home, school, and elsewhere. As parents and caregivers, it is important to know what our children are doing online. The computer and Internet have become new playgrounds for not only children but also for child predators and sex offenders. Often times, children become victims or pawns in a dangerous game controlled by child predators and sex offenders. In light of the dangers out there, parents should take a proactive role in knowing what their children are doing online and keep close tabs on their children. The Federal Bureau of Investigation has a very useful guide posted to its website called A Parent's Guide to Internet Safety. Parents should read this guide and other information out there to better educate themselves on Internet safety and their children. Knowledge and action on the part of parents can go a long way to protecting children from the dangers of the Internet.

In Florida, there are specific laws in place as to the safe operation of bicycles. Many of these laws mention the role of motorists and pedestrians as well. The Florida Bicycle Association has as good web site that contains a summary of the relevant Florida Statutes as well as many safety tips for bicyclists, pedestrians, and drivers. In Florida, children are frequently injured while riding a bicycle when a driver fails to notice the bicyclist, drives too fast for road conditions, and fails to yield the right of way to bicyclist. While children should and do know basic bicycle safety, it is up to drivers to take extra steps when children on on or near roadways on their bicycles. I recommend that you educate yourself on the bicycle laws for the State of Florida. Whether you are a bicyclist or not, it is important to know these rules of the road and sidewalk. If you or your child has been injured while riding a bicycle, it is often helpful to have a Florida personal injury lawyer to assist you in reviewing the police report, the details of the accident, medical bills, insurance policies, and medical records.

A special vaccine court recently ruled against parents seeking compensation through the Vaccine Injury Compensation Program. It was estimated that more than 5,000 claims were filed by parents and caregivers seeking compensation for damages related to Autism that were allegedly caused by Thimerosal-containing vaccine. The court concluded that the scientific evidence overwhelmingly did not support the claims of the parents on behalf of their children. Litigation on related issues continue. Nonetheless, the ruling in this case was a disappointment to families seeking compensation for injuries that, according to the families, their attorneys, and expert witnesses, were related to vaccines.

You can read more about this story at Court Rules that Vaccine is not Linked to Autism.

Evenflo announced a recall its ExerSaucer toy after reports from parents and caregivers that a defect in the product caused injuries including one child who suffered a fractured collar bone. The Consumer Product Safety Commission advised parents and caregivers to stop using the toy or in the alternative to have parts of the toy replaced by contacting the manufacturer. Evenflo recalled this toy. It is estimated that the recall involves 213,000 ExerSaucer toys. According to reports, the end caps of the toy sometimes become loose when the toy is in a certain position. When this happens, falls and injuries could take place. You can read more about this product recall at Consumer Safety - Evenflo Recalls ExcerSaucer Toy.

The National Institute of Arthritis and Musculoskeletal and Skin Diseases has a very helpful website on the topic of sports injuries. Every day, Florida children are injured as a result of sports related injuries. Some are just unfortunate occurrences. Many injuries, however, result from the failure to supervise children at practice or during free play. As parents, it is important to understand the nature and anatomy of the injury. The National Institute of Arthritis and Musculoskeletal and Skin Diseases Web Site is helpful in that it summarizes various injuries including injuries to the common areas such as the knee, ankle and shoulder.

Under the Florida Administrative Code - Chapter 65C-22 Section 22.002- Physical Environment, Florida Day Care Centers / Child Care Centers are required have toys and furnishings in the facility. The toys and furnishings must be suitable to each child's age and development. It it vital that the toys and furnishings be safe and sanitary.

Many Florida day care centers / child care centers fail to either provide toys or fail to properly inspect and maintain the toys and furnishings used by the children. Sharp edges, pointed edges, exposed metal, glass, and small objects can seriously injure children in the day care center. A simple toy can seriously injury a child in the form of lacerations, eye injuries, and choking incidents. Improper furnishings or improperly maintained furnishings can lead to similar injuries as well as fractures and head injuries to children in a day care facility. Day care centers should work hard to provide a safe and clean environment for children. This includes due diligence in providing and maintaining toys and furnishings at the Florida day care center.

Under the Florida Administrative Code - Chapter 65C-22 Section 22.001- General Information, Florida Day Care Centers / Child Care Centers are required to plan and post scheduled activities for the day. Children, especially young children, like the security of a regimen or daily schedule. There is comfort for a child in having a routine that is planned, organized, and carried out on a daily basis. Under the Florida Administrative Code, each age group or class of children must have a written plan of scheduled activities that must be posted in a conspicuous location for parents. The needs of the children must be met through these planned activities. The activities must promote emotional, intellectual and physical growth. There must be accomodations for quiet and active play inside and outdoors. Of course, there must be time planned for meals, snacks, and nap time according to the age and needs of the children. As the old adage goes, if you fail to plan - you plan to fail. Planning and organization are important tools to running a safe Florida day care center / child care center that promotes the needs and best interests of the children.

Under the Florida Administrative Code - Chapter 65C-22 Section 22.001- General Information, Florida Day Care Centers / Child Care Centers are required to have proper supervision in place for the health, safety and welfare of the children.

Direct Supervision, as defined under the Florida Administrative Code, requires that a child care worker watch and direct the children's activities in the same room or outdoor play area. Child care workers need to respond to the needs of each child while supervising the child the child is inside or outside the building. Day care centers / child care centers must be organized as to its staffing. In particular, child care workers must be assigned to provide "direct supervision" to a specific group of children "at all times".

Proper and consistent supervision in a Florida day care center / child care center is vital to safety of the children. Otherwise, serious child injuries (that are otherwise preventable) happen. If you have a child that has been injured due to improper supervision in a Florida day care center / child care center, it is often times helpful to have the advice, consultation, and representation from a Florida Child Injury Lawyer / Attorney.

Police in Bradenton, Florida arrested a man who let his 8 year old son drive a van. Mark A. Belanger handed the keys to his van to his 8 year old son after Belanger had taken some Xanax. The boy hit two trees and almost hit two pedestrians while driving in a parking lot. Belanger thought it was a good idea to allow his son to drive as a bonding moment between father and son. This so called "bonding moment" could have caused serious personal injuries to innocent children and adults in the parking lot. Belanger was arrested on charges of child abuse and permitting an unlicensed driver to drive his van.

You can read more about this story at Florida Dad Arrested for Allowing 8 Year Old to Drive.

A lawsuit was filed by the American Civil Liberties Union (ACLU) against the Nassau County Public School District. The district refused to allow students from Yulee Middle School to form a Gay - Straight Alliance on campus. The School Board amended the rules in 2008 to require groups to have a charter, constitution, and parental permission.

The lawsuit seeks to force the school district to allow the Gay - Straight Alliance on campus on school grounds. This case is not about whether a person supports or is against groups with gay students or a gay focus. It is about what the school district can allow and disallow on school grounds. It will be interesting to see how the judge / jury decides the issues in this case. You can read more about this story at ACLU Sues Nassau School District Over Banning of Group from School Grounds.

Unfortunately, schools can be dangerous cases. There are incidents reported every day of students bringing guns and knives to school. Sometimes, it is the teacher that makes the school more dangerous. In Gainesville High School, Mark Stockdale, a teacher at Eastside High School, was arrested by the Alachua County Sheriff's Office for bringing two loaded guns to school. Police found a loaded Derringer in the teacher's pocket. A search of his car found a loaded .44 caliber revolver.

It is truly amazing that teachers commit these type of crimes and others. Teachers have a higher education but often times lack the common sense and good judgment that should go along with their positions of trust and responsibility. You can read more about this story at Gainesville Florida High School Teacher Arrested for Gun Possession at School.

Irfan Nawaz, M.D. is trading his white doctor coat for prison stripes. Nawaz was sentenced to 20 years in prison for his cyber crimes and actions in attempting to have sex with a minor. The investigation was completed by the Polk County Sheriff''s Office, the Osceola Sheriff's Office, Jacksonville Sheriff's Office, and the State of Florida Attorney General Cyber Crime Unit. Nawaz had chats on line with "girls" he thought were 14 and 15 years old. Undercover investigators with the Attorney General's Cyber Crime Unit received sexually explicit messages from Nawaz who arranged for a meeting with one of the "girls". Nawaz initiated the chats with the undercover offices and made it very clear what he wanted from the children. Nawaz is now going to have up to 20 years in prison to think about his actions. When he is released, Nawaz must register as a sex offender. This story shows that child predators range from the rich to the poor, from the educated to the not so educated, and from all walks of life. You can read more about this story at Doctor Gets 20 Year Prison Sentence for Traveling to Meet a Minor for Sex.

Over 100 state, federal and local law enforcement officers have been on a search for a missing Putnam County, Florida 5 year old girl (Haleigh Ann-Marie Cummings). Haleigh Ann-Marie was last seen in her home on February 9 at 10:00 p.m. Several hours later at 3:30 a.m., she was noticed to be missing. Officers are searching the surrounding area including the water ways for the little girl. Anyone who has any information about this little girl should contact the Putnam County Sheriff's Office at (386) 329-0800.

You can read more about this story at Amber Alert for 5 Year Old Girl in Putnam County, Florida

Drug dealing at school cause major problems. What is drug dealing? Well, it can be the selling of drugs or merely the passing out of drugs to friends and other students at school. One student at Palm Springs, Florida Middle School thought it was a good idea to bring in Xanax pills to school and pass them out to other students. Nine students who took the drug became ill with two of the students requiring an hospital evaluation and care. Xanax is a common drug used for anti anxiety. It is also a dangerous drug in the hands of children who lack good judgment when taking drugs. Experimentation can lead to serious personal injuries and death to children. You can read more about this story at Palm Springs, Florida Students Get Sick After Taking Xanax at School.

Every school day, school crossing guards like Donna Hoffman are out in force in Jacksonville, Florida and other cities across the State of Florida. Crossing Guards work limited hours and are paid by the hour at a modest rate. Even with the limited benefits of the job, many concerned and dedicated residents take on these jobs that perform such an important function in our community. The safety of our children is vital. Crossing guards make a presence every day in their brightly colored uniforms and activities at busy intersections at and near school zones. Donna Hoffman is a dedicated school crossing guard in Jacksonville, Florida. She knows that the job is important and takes her responsibilities very seriously. Donna states that "there's dos and don'ts" when performing duties as a school crossing guard. Donna has been named School Crossing Guard of the Year for her dedication to the job and safety of children. You can read more about Donna Hoffman and details about being a school crossing guard at Crossing Guard of the Year - Donna Hoffman.

An 11 year old girl was abducted by two men and raped in Orange County, Orlando, Florida. The girl stepped off a City Lynx bus on her way to school and then was abducted by force by the two men. The incident happened early in the morning (6:40 a.m.) and Orange County Sheriff's Office detectives are conducting an investigation to locate the rapists. The men threatened the 11 year old with a knife as she walked along Lancaster and forced her into a vehicle. The men then covered her face so she could not see where she was being taken. After raping this innocent child, the men took her back to the location where she was abducted.

Detectives are working off of limited information at this time. There is a sketch that has been created by the police which is posted online. To read more about this story, go to the Orlando Sentinel - 11 Year Old Raped in Orlando, Florida - Investigation Continues. Hopefully, information will be obtained that will lead to the arrest and conviction of the rapists and some kind of justice for the rape victim and her family.

In Fort Pierce, Florida / Port St. Lucie Florida, Judith Leekin lived with disabled children that she adopted in New York. Ms. Leekin appeared to be more interested in the $1 million in subsidies and welfare that she received for the children rather than the education, safety and welfare of the children. Ms. Leekin was charged with aggravated child abuse for beating and handcuffing the children in a locked room. She did not adequately provide food for the children and frequently deprived the children of medical care and education. Ms. Leekin pled no contest to to the charges and was sentenced to a 20 year prison term.

The acts of Judith Leekin were truly heinous in that she preyed on disabled children while personally pocketing government funds to take care of her own needs rather than those of the children. You can read more about this story at Florida Woman Gets Prison Term After Pleading No Contest to Charges of Aggravated Abuse of Disabled Children.

The Duval County School Board for Duval County has rules, regulations, and procedures for bus drivers, bus routes, seat belts, and conduct on a school bus. Pursuant to Chapter 8, Auxilary Services - Section 8.30, Student Transportation - Duval County School Board Policy Manual, students have a duty to abide by the rules for safety and behavior. Violations of the student conduct board can result in the suspension of the student's bus riding privileges. The student's parents and guardians have the responsibility to make sure that the student abides by the rules.

In my review of the School Board Policy Manual, I did not see any provision or procedure that permitted a bus driver to kick students off the bus when there was unruly behavior. In Jacksonville, Florida, a bus driver of students from Ribault Middle School instructed students to get off a bus at Rutledge Pearson Elementary. Many students were left without a ride home and walked to their designated bus stop. Others called parents who were angry at the actions taken by the bus driver.

The students were misbehaving and setting off the alarms on the emergency exit. It appears that this bad behavior made it unsafe to operate the bus. In this situation, the bus driver was put in a tough situation. Police could have been called. The children could have been transferred to another bus. The company operating the bus, First Student, will be conducting an investigation into this incident. Fortunately, no children suffered any physical injuries as as result of this incident. It would have been tragic if an accident occurred due to children misbehaving on the bus. You can read more about this story at Mom Says Jacksonville Florida School Bus Driver Kicked Students Off the Bus.

Gabriel Delrisco caused an accident that killed three children. Delrisco was arrested for DUI after he was released from a hospital. His blood alcohol level was .239 which is approximately three times the legal limit. Mr. Delrisco's driving record was terrible. It has been reported that he had 26 previous driving citations and one prior DUI in 2001. A judge held Mr. Delrisco without bond until trial when the judge determined that Mr. Delrisco was a danger to the community. Mr. Delrisco rearended a vehicle occupied by the Serrano family that was stopped a red light. A candlelight ceremony was recently held in Homestead, Florida for the Serrano family. The family deserves the support of the community. It is certainly a tragedy that the Serrano family is mourning the death of three children who died as a result of the careless, reckless acts of a drunk driver. You can read more about this story at Miami, Florida Man Charged with DUI for the Deaths of Three Children.

Child predators are online and in our neighborhoods. It is often times hard to identify these child predators and sexual offenders. Many get away with their deviant acts for years. Fortunately, the law and time catches up with some of these offenders who then must serve prison time and register as sex offender / child predators. In Macomb County, Michigan, Stephen Ray Keller put a hidden camera in his neighbor's house so he could watch a 10 year old girl in the bathroom. You can read more about this story which does end with Keller's arrest in this month's newsletter at Parents: Beware of Creepy Neighbors and Others.

It is hard to keep every single person out of your house to completely prevent incidents like this; however, it is important to observe and be alert to anyone entering your home who you do not know very well. Mr. Keller is not only heading to prison but he will also get prominent placement on the sex offender / sex predator list. Keep creeps and hidden cameras out of your house to the best of your ability.

A tragic accident recently took place in Leon County, Tallahassee, Florida. A small private plane was taking off from a private runway when it crashed into a Jeep vehicle that was driving alongside the single engine plane. After the Jeep was struck by the aircraft / airplane, the Jeep crashed into a tree. There were two people in the Jeep who died as a result of the crash. The Federal Aviation Administration (FAA) will conduct an investigation into this crash. Authorities and investigators will evaluate various issues including but not limited to the following:

What was the layout and size of the runway?
Did the pilot have a license?
What training did the pilot have?
How far was the Jeep from the airplane prior to the crash?
Were there any mechanical defects or problems with the airplane or the Jeep?
Were drugs or alcohol involved by the driver or the pilot?
What safety precautions were taken by the pilot to avoid the accident / crash?

The crash and resulting deaths were certainly a tragedy for those involved and the Leon County (Tallahassee) community. You can read more about this incident at
Small Plane Hits Vehicle Near Private Leon County Florida Runway.

Two men died as a result of a Baker County, Florida accident on State Road 121 about 2 miles South of Interstate 10. A Pontiac occupies by Charles Sharp, age 21, and David Moody, age 31, crossed over the center line and struck the left side of a Toyota pick up truck driven by Arthur Hewett.

The Florida Highway Patrol responded to the incident and will conduct a homicide investigation as to the cause of the accident and the identity of the driver of the Pontiac.

Just this past weekend, I travelled on State Road 121. Fortunately, there were no drivers crossing the center line as I travelled down this roadway. You can read more about this unfortunate accident at Two Die in Baker County, Florida Crash.

A school bus driver from Pinellas County, Florida rear ended a vehicle properly stopped for an emergency rescue vehicle. Bus driver, Linden Brown, was issued a traffic citation for the crash. Two students from Bay Pointe Elementary School were taken to a local hospital for medical treatment following the school bus / automobile accident.

This accident shows the importance of pulling over for emergency rescue vehicles. All drivers including school bus drivers have a duty to obey these rules of the road. Children depend on school bus drivers for their safety every day. You can read more about this story at Pinellas County School Bus Driver Cited for Careless Driving.

Jason Gilmore, age 11, was the victim of an accidental shooting in Lake Worth, Florida. Jason and some friends were playing with a Glock 40 handgun that discharged. Another boy, age 9, was holding the gun when it fired. There were give other children and an 18 year old present when the incident took place in a home. The Glock 40 was actually a stolen weapon. The children apparently found the laser on the gun to be interesting and fun to play with.

The Glock 40 was obviously no toy at all. In the hands of anybody especially children, the Glock 40 is a deadly weapon.

Parental supervision along with the proper storage and locking of the gun may have prevented this tragedy from happening. The death of a child from an accidental shooting is a great loss for the family, child's school, neighborhood, and community. You can read more about this story at 11 Year Old Accidentally Shot by 9 Year Old in Lake Worth, Florida.

A pedestrian was hit by a vehicle on Hershel Street in Jacksonville, Florida. The Jacksonville Sheriff's Office are investigating the incident but do not believe, at this time, that the driver was at fault. Drivers have a duty to yield to bicyclist and pedestrians but there are instances when an negligent bicyclist or pedestrian makes an accident unavoidable. While it is important as to how the police investigate an incident, the findings are not binding on the injured party or driver in a civil matter or a lawsuit. As such, it is often times helpful to have representation from a Jacksonville Florida personal injury lawyer to make sure that your rights are protected and enforced. You can read more about the story about the pedestrian who died after getting hit by a vehicle at Jacksonville Florida Pedestrian Hit and Killed on Westside of Town.

Lee County, Florida is taking efforts to make sure that residents are aware of sexual offenders and sexual predators in the neighborhood. Pre-recorded telephone calls will be placed to residents when a sex offender / sex predator moves within 1/4 mile of their home. Lee County has over 500 registered sex offenders and 36 registered sex predators. The purpose of this program is to make sure that residents know about the location of sexual offenders and sexual predators and to take any necessary precautions in light of this information. It is important for parents to keep in mind that there are thousands of sexual offenders and sexual predators out there who have never been caught or who have never been convicted of their crimes. As such, parents should keep close watch and supervision of their children while in the neighborhood and beyond.

You can read more about this story at Florida County to Call Residents When Sex Offenders Moves Into the Neighborhood.