Florida Child Injury Lawyer Blog

What is done about dirty and unsafe hotels in Orlando / Central Florida? Over the years, I have visited Orlando with my family and on business a great many times. Personally, I have stayed at or visited hotels from the very nice to the very scary. Pulling into one hotel late at night many years ago, I saw the flashing of police lights and the presence of officers in the hotel lobby. I asked the front desk clerk what happened. She said that a woman threw her boyfriend out of the plate glass window of her room. I was concerned and asked if this was the first time that this sort of incident happened. The clerk said, "No - not at all - it happens all of the time.". This is one hotel that I have not returned to. Since many hotel is unsafe, dirty or poorly maintained, parents and other guests in the hotel area should be careful about the selection of a hotel. The Orlando Sentinel recently published an article that reported on the problems with dirty hotels and hotels that were not in compliance with hotel regulations. The investigation seemed to indicate that violations were documented by officials but no real punishments or fines were levied in many instances if corrective action was taken. You can read more about this story at Does Florida Lack Teeth in Punishing Dirty Hotels?

In Florida and other States as well as the rest of the world, texting while driving has become a real problem that happens every day. I viewed this You Tube video that was sent by a concerned friend. My friend recognized the dangers of texting while driving and wanted to help spread the message. It appears that the video was filmed in Europe, England, or Australia. While the English accents are distinct, the message is universal. The comments by the viewers vary. Whether you believe the video is realistic or a good presentation of the problem of texting while driving or not, the topic or issue of texting while driving is an important one to consider and discuss with others including your children. Texting while driving can and does lead to automobile accidents, serious personal injuries, and wrongful death. Waiting to send out or view that text message won't change a life but distracted driving can and does change lives.

In Bay County, Florida, a baby suffered serious personal injuries / burns as a result of a Meth Lab fire in her home. Chemicals that make up Meth are highly flammable. The 1 year old baby suffered burns to half of her body. The mother (Tessa Wagy) and the father (John Franklin Osborn) were arrested. Bay County Sheriff commented that the parents made choices. The innocent child victim had choices made for her. It is obvious that the child was put in a dangerous situation and home environment and greatly suffered as a result of poor and selfish choices by these parents. You can read more about this story at Bay County, Florida Baby Suffers Burns in Meth Lab Fire. The baby was taken to Joseph M. Still Burn Unit in Georgia.

In Florida and other states, there has been a debate for years of the use or the ban of restraints. Some school official would like the option of restraining a disruptive child including those with ADHD, Autism, and other disabilities. Many parents and advocates for disabled children recommend the ban of such restraints. The improper and / or excessive use of restraints on children including disabled children can cause serious physical personal injuries and, in some cases, wrongful death. Whether or not a child suffers personal injuries, there is typically emotional / psychological injuries that result from the restraint of a child. The Associates Press and the Florida Times Union recently reported on the debated use or ban on restraints. It is important for children including autistic children to be taught in a safe environment by teachers and aides trained to educate and mentor these children. In my opinion, the hazards and abuses of restraints far outweigh any so called benefits or protections resulting from their use.

Many Florida counties permit businesses to operated strip clubs. Children should be kept out of such clubs. It is especially important for businesses to keep minor children including teens under the age of 18 out of these clubs. In Cocoa, Florida, a mother reported to police that her daughter was dancing at a club. It is uncertain from news reports if the club was a full nude bar or not. Nevertheless, it appears that the display or dancing of teens at the club for the pleasure of adults was improper. Police are investigating the club which is called Playmates to determine why two girls, ages 15 and 17, were allowed to dance at the club.

You can read more about this story at Teens Dancing at Club in Cocoa, Florida - Police To Investigate.

Parents should think twice before accepting large snakes as "pets" in their homes. In Oxford, Florida, a mother and her boyfriend were recently charged with Manslaughter, third degree murder, and child abuse surrounding the July 1st death of Shaianna Hare, age 2. In Florida and other States, a parent or caregiver can be charged with a crime for being reckless or showing a disregard for the health, safety, and well being of a child. It appears that safety precautions were not taken or in the alternative were inadequate to protect a small child from the strangling and overwhelming powers of a python snake. Whether a pet is a dog or a snake, pets can kill and safety precautions should be taken to protect children. You can read more about this story at Mother and Boyfriend Charged with Crimes - Death of 2 Year Old from Python Strangulation.

August is Back to School Time for most children in North Florida including Duval County, St. Johns County, Clay County, and Nassau County Schools. When children return to school, everyone is affected and everyone should watch out for children. School buses are out in force. Most school buses are big yellow school buses. When driving near a school bus, slow down and stop when required by Florida law. Many children walk or ride their bicycles to school. Slow down for these children. As you may know, children often time lack good judgment when riding their bicycles and crossing streets. Slow down in school zones. Speeding in a school zone will get you a traffic citation and a higher fine. More importantly, speeding in a school zone puts children, teachers, and others in danger. Slow down.

Traffic will inevitably be affected and slowed down during morning and afternoon hours. Be patient while on the roads. Having our children in schools and be properly educated are priorities for our community. If the traffic takes a few minutes out of your day, take a breath and realize that a few minutes here and there will not drastically change your life; however, speeding in school zones or where children are crossing streets or riding bicycles can change a life and the lives of others as well.

Hurricane Related winds and waves can be dangerous both in and outside of the ocean. Two people recently died as a result of weather conditions brought on by Hurricane Bill. In New Smyrna Beach, Florida, a man (Angel Rosa) was washed ashore unconscious according to the Volusia County, Florida Beach Patrol. In Maine, a 7 year old girl was watching the ocean with a group of other people when a large wave forced her into the water. The 7 year old was an unfortunate drowning victim of this Hurricane season. You can read about these deaths at Hurricane Bill Claims Two Lives.

The Fort Myers Florida Police Department is investigating a case of suspected child abuse. An 8 month old boy was taken to All Children's Hospital in St. Petersburg, Florida. Doctors believe that the child may have been a victim of "Shaken Baby Syndrome". The child was under the care at of Shajan Cadney, age 28, who was later arrested. The news report did not contain much information. It would be interesting and important to know the following:

Who was the mother of the child?

Who was taking care of the child?

Had there been any prior injuries or medical care provided to the child?

Does the mother have any children? Did any of these other children have similar medical issues?

As to the brain injuries from the Shaken Baby Syndrome, when did the injuries occur according to medical providers?

Are there any other suspects who may be responsible for the injuries suffered by this child?

You can read more about this story Fort Myers, Florida Police Investigating Child Abuse Case - 8 Month Old Suffers Serious Personal Injuries.

In North Port, Florida, a woman (Kasandra Beekman), age 24, was recently arrested for leaving her baby in a vehicle that was turned off with the windows rolled up. Furthermore, he was left unsupervised while his mother went shopping at Wal Mart. The child was only 8 months old. Ms. Beekman should have known that it is very dangerous and careless to leave a child unattended in a vehicle. A child can suffer serious personal injuries and even death when left unattended in a vehicle. It does not appear that the child suffered serious personal injuries; however, it is still a crime to leave your child in a vehicle unattended in this manner. Fortunately, the child was safely removed from the car without having suffered these tragic injuries.

You can read more about this story at North Port Arrest for Leaving Child Unattended in Vehicle in Wal Mart Parking Lot.

In St. Augustine, Florida, a woman and a 10 year old boy suffered personal injuries in two separate Pit Bull dog attacks. The boy was with his father visiting an acquaintance. The boy began petting the dog. The adults left the boy alone with the dog. Minutes later, the dog was observed to be mauling the boy. It is uncertain what triggered this dangerous and potentially deadly behavior of this dog. The boy was airlifted to Shands Jacksonville Hospital for injuries to his neck and right arm.

The second incident involved a woman who was walking with her small dog (a Chihauhua). The Pit Bull broke free of its collar and then bite the woman.

Both Pit Bulls have been quarantined following the attacks. If prior attacks were reported or documented, the St. Johns County Animal Control may recommend that the dogs be put down.

In Florida, a dog bite victim does not have to prove negligence or fault of the dog owner for dog bite related injuries. Dog owners are strictly liable for injuries caused by dog bites. There are some exceptions to this general rule, but (for the most part), a dog owner is liable. When a dog bite takes place, there are many legal issues that arise including the existence and amount of homeowner's or liability insurance, medical bills, medical treatment, and other issues.

You can read more about these unfortunate Pit Bull attacks at St. Augustine, Florida - A 10 Year Old Boy and Woman Attacked in Separated Incidents by a Pit Bull.

In New Port Richey, Florida, a terrible playground incident was recently reported involving a 3 year old girl. The incident took place at the Footprints Pre-School and Child Care Center. A teacher found the 3 year old girl unconscious with a tetherball rope wrapped tightly around the little girl's neck. I question why a tetherball set or rope was in place at a pre-school. The typical tetherball playset can be extremely dangerous to small children. This is especially true when the children are not properly supervised and use the equipment in a dangerous manner. It would be interesting to know what particular equipment was in place at the pre-school. In addition, what rules or protocols were in place at the day care center for sports equipment? What were the supervision procedures for playground activities?

A spokesman with the Department of Children and Families stated that DCF is investigating the incident to find out what happened and how a tetherball rope without a ball became wrapped around the child's neck. You can read more about this incident at Day Care Center Child Found With Rope Around Neck.

A Walt Disney World employee cast member died as a result of a recent accident at the theme park known as Hollywood Studios. During a rehearsal, Anislav Varbanov, asge 30, died while performing a tumbling move in the Indiana Jones Epic Stunt Spectacular. Anislav apparently suffered a head injury during the rehearsal. The Orange County Sheriff's Office and the Federal OSHA (Occupational Safety and Health Administration) Office will be performing an investigation into the incident. From news reports, it is difficult to determine if the staff at Disney or any contractors were negligent regarding this incident. Florida law allows worker's compensation victims to pursue a claim for damages / injuries regardless of fault. If the injury occurred during the scope and course of the employee's employment, worker's compensation should then provide benefits to the injured employee. When there is a death that takes place at work, worker's compensation has provisions in place to compensate family members for the death regardless of fault. You can read more about this story at Disney Employee Dies During Rehearsal.

Another drowning has been reported in Florida. An 8 year old boy from Casselberry, Florida was swimming with his father in Lake Maitland when the boy began to struggle. The father tried to help the boy but he also began to struggle and almost drown. Both were swimming off of Dog Island. People came to help and pulled both father and son into a boat. Rescue personnel then provided care to the father and son. The boy was later pronounced dead at Florida Hospital - Orlando, Florida.

The untimely death of this 8 year old shows the dangers of swimming in Florida lakes. Accidents and drownings do happen; however, parents and others supervision children should do their best to arrange for reasonable safety precautions when swimming. Swim in shallow water. Swim with a buddy and near a flotation device. Never overestimate your swimming abilities or those of a young child. Furthermore, never underestimate the dangers of swimming in a lake, pond, river, or other large and deep areas of water.

You can read more about this tragic drowning at Boy Drowns Near Dog Island in Lake Maitland, Florida.

In Jacksonville, Florida, there was a recent crash that involved a semi tractor trailer that could have caused serious personal injuries and wrongful death. Fortunately, no serious injuries were reported according to the Florida Times Union. As Sydney R. Snow was attempting to merge into U.S. 1 from Interstate 295, he crashed into the gas tank of a semi tractor trailer. The gas tank from the semi tractor trailer burst which put the truck into flames. Thereafter, the semi tractor trailer crashed into a another vehicle, hit a concrete barrier, slid down an embankment, and then ultimately landed in a body of water. The truck driver (Christopher Roberts) was treated at Shands Jacksonville Hospital. The other driver (Victor L. Schmookler) involved in this crash was also treated at Shands Jacksonville Hospital.

Drivers should pay attention to traffic and road conditions. Passenger vehicles are no match for semi tractor trailers. To the extent possible, steer clear and keep a safe distance away from semi tractor trailers. There is also a duty of semi tractor trailer drivers to operate this large vehicles in a safe manner. You can read more about this story at Semi Tractor Trailer Catches on Fire in Jacksonville, Florida Crash.

In Mulberry, Florida, the former deputy police chief has plead guilty with sex with a teen. At the time of the crime, Jody Beaudry was 36 years old and his victim was 16 years old. The Florida Department of Law Enforcement (FDLE) conducted the investigation which reported that Beaudry had sex with the victim after threatening to revoke her probation. This story shows how age and apparent power can be used by adults to victimize children. Beaudry faces up to 7 years in jail.

You can read more about this story at Former Deputy Police Chief for Mulberry, Florida Pleads Guilty to Sex with a Minor.

A Gainesville, Florida man was recently arrested for throwing a slice of pizza at his daughter. The Gainesville Sun newspaper reported this story. The Alachua County Sheriff's office stated that the father and daughter had a verbal argument which escalated to the throwing of the pizza slice. The father was charged with third degree felony child abuse without great harm after his daughter called 911 following the incident.

This is a strange but interesting case. I suspect that years ago the arrest would not have taken place. Was the arrest warranted in light of the actions? The challenge with child abuse is where to draw the line between a crime and a family squabble. If the police are too lenient, child may be subject to more abuse. If the police are too strict, some may argue that hampers the parent's ability to discipline their own children.

You can read more about this case at Gainesville, Florida Father Arrested for Throwing Pizza at his Daughter.

UPDATE TO THIS STORY: From Hero to Zero - Snake Trapper Staged Capture Near Day Care Center. Mr. Matthews failed to inform the students, parents and others that he staged this capture. The truth only came out at a later date.

Justin Matthews is a hero to some day care students and their parents. Mr. Matthews, who is a wildlife expert, recently captured a 14 foot python snake that was spotted near a day care center. The snake was apparently big enough to kill and eat an 8 year old child according to Matthews. You can read more about this story and see a video at P Python Snake Captured Near Florida Day Care Center.

Stories like this show the importance of maintenance and safety at Florida day care centers. Whether it is a snake or a broken pipe or a playground in disrepair, a day care center has a duty to remedy the danger and provide a safe environment for children.

August is back to school time for many children throughout Florida and the United States. Parents are busy buying back to school clothes and supplies. Parents should also consider safety issues when putting their children back in school. Many crimes and personal injuries take place in or near schools. Parents should instruct their children as to safety issues involving bicycles, pedestrians, automobiles, and buses. In addition, parents should take an active role within the school as well. Studies have indicated that over 2 million crimes were reported on school campuses in 2005 - 2006. You can read more about the dangers in schools and safety tips at Safety Tips for Back to School.

Teenagers often lack good judgment. In Deltona, Florida, Russell Gortzig, age 13, suffered second degree burns to his leg after a friend poured gasoline on Russell's leg. It was reported in the Daytona Beach News Journal that Russell set the fire to impress a girl and to try to imitate a stunt shown in an online video. Originally shown on MTV, Jackass followed some actors, skateboarders, stunt men, and basically crazy people doing stunts like this. Some of the people shown in the Jackass television shows and movies were injured. Jackass, while entertaining to some, is not the example to follow for teenagers. As shown in the case of Russell Gortzig, a child can be seriously injured in an attempt to complete a stunt. You can read about the injuries to Russell Gortzig at Teen Burned After Friend Pours Gasoline on his Leg in Volusia County, Florida.

In Orlando, Florida, Disney World is a major theme park that entertains millions of guests every year. There are many dedicated employees at the theme park. Some employees have the responsibility of wearing a character suit or costume and going around the park to entertain guests. This job can be quite challenging. In summer months, it can be quite hot working in the outfit. In addition to heat, weather elements, and being on their feet, it appears that characters at Disney World are also at risk for assault and groping. In Orlando, Florida, a man was recently convicted of groping Minnie Mouse. It was reported that John William Moyer went to trial on charges that he groped a woman in character as Minnie Mouse when he fondled her breasts. As part of his criminal sentence, Mr. Moyer must write a letter of apology, complete fifty hours of community service, pay a fine, serve a term of probation, and undergo a mental health evaluation with treatment. You can read more about this story at Man Convicted for Groping Disney World's Minnie Mouse.

ATVs (All Terrain Vehicles) are very popular in North Florida as well as other areas of the State and the country. I actually grew up riding a three wheel ATV at my father's plant nursery in South Florida. I do not recall any accidents or incidents with the ATV but I do recall almost tipping and crashing a few times. When children operate an ATV, it is vital that there is proper instruction and rules as well as supervision. When adults are operating an ATV, it is up to the adult to keep a look out as to surface conditions, speed, balance, and other safety measures. Some ATV accidents are wholly unexpected while others can be avoided with slower driving, better choice of surface areas, day time versus night time riding, and other safety measures. In St. Johns, Florida, the Florida Times Union newspaper website reported that Ronald Drawdy was taken to Shands Jacksonville Hospital with serious personal injuries after an ATV crash on the Bartram Air Park property. Deputies reported that alcohol may have played a role in the incident. An investigation will be conducted into the facts and circumstances regarding these injuries. It was not reported who was driving or operating the ATV at the time of the incident. William Byrd, III, was treated at Flagler Hospital in St. Augustine, Florida. Byran Cannon was treated for injuries at the scene of the ATV crash. You can read more about this ATV crash at Man Critical after St. Johns ATV Crash.

Parents send their children to summer camp with the thought that their children are supervised in a fun and safe environment. Various activities are provided at camp including camping, hiking, sports, horseback riding and other outdoor activities. Unfortunately, some camps fail to provide children with proper supervision. As a result thereof, some children are subject to abuse, humiliation, and sexual abuse and molestation. At times, children are abused by camp counselors. At other times, campers are abused or molested by other campers. One problem that has been reported at camps is called Dutch Ruddering. What is a Dutch Rudder? It is a slang term that is sometimes used to refer to the act of one person masterbating another person. Sometimes, there is a counselor or adult involved with a camper. At other times, two or more campers are involved in the activity. Whatever name is used - sexual molestation or assault at a summer camp is wrong. Often times, there is peer pressure involved in these activities. Each incident or situation should be evaluated on the facts presented. Camp owners and supervisors should be diligent in monitoring campers within and outside of their cabins. Furthermore, when a problem or complaint is lodged by a parent or camper that involves the inappropriate touching or molestation of a child, immediate action should be taken to protect all respective campers and to take remedial actions to prevent any further incidents from taking place.

All suspected incidents of abuse or neglect should be reported to camp owners and supervisors. Furthermore, it would also be appropriate to report the incident to local and state authorities so that an investigation can be completed. What supervision was provided by the summer camp? How many incidents took place over the time? What actions, if any, did the summer camp take to protect the children? A parent may have a legal case against the summer camp if the summer camp and its employees failed to properly supervise and protect the campers.

The Florida Department of Children and Families has the duty to monitor the safety, health, and welfare of children in Florida's foster care system. A case that gained national attention involved Rilya Wilson who was in the foster care system. Unfortunately and tragically, Rilya's case worker falsified records and misrepresented home visits that were never made. Cases like Rilya motivated the Florida Department of Children and Familes to take steps to help better monitor children in the foster care system as well as the child case workers. A program that has been initiated in some Florida counties requires case workers to use software tools and technology to take photos of the children during home visits and upload information to the State's database. GPS technology helps confirm the time and location of the home visits.

I support the use of this technology to better track and monitor visits by Florida case workers. You can read more about this program at GPS Like Devices to Help Child Care Workers.

In North Lauderdale, Florida, a baby suffered personal injuries when a vehicle crashed into the child's apartment building. Parents do their best to protect their children from harm. Some incidents are unforeseeable. This is one of them. The Broward (County) Sheriff's Office reported that an 8 month old baby and his parents were sleeping at the time of the crash. The driver, Siobhan Santucci, age 23, lost control of her Chevrolet Cobalt, drove up upon the sidewalk, over a fence, and then right into the apartment building. The child was treated at a local hospital and thereafter released.

Fortunately, there were no deaths or serious personal injuries that resulted from this accident. It was certainly quite a scare for the parents. Really, who would think a car would crash into your apartment building?

You can read about this story at Car Crashes into Apartment Building in North Lauderdale, Florida.

Jacob Fox was four years old when he died. Why he did he die at such a young age? He died after being left in a day care center van in the heat of a summer day in Texas. Avonda Fox, Jacob's mother, made it a mission to help prevent tragedies like these from taking place again. Avonda Fox advocated for a law to be passed in Texas to protect other children enrolled in a day care center. Jacob's Law requires day care workers involved in transporting children to complete a 2 hour transportation training course. It is estimated that over 30 children die every year as a result of being left in a hot car / hyperthermia. Hopefully, the training that is required by Jacob's Law will help prevent serious injuries and wrongful death to children in Texas day care centers. You can read more about Jacob's Law at Child's Death in Dallas, Texas Day Care Leads to Law to Train Day Care Workers.

In Florida and other states, many parents, caregivers, teachers, counselors, and day care workers may think that chemicals, insecticides, household products, cleaners, bleach and other products are responsible for the majority of poisoning incidents involving children. According to a recent study from the Center for Disease Control and Prevention (CDC), medications are actually responsible for over two thirds of poisoning related emergency room visits involving children. This study shows the importance of safeguarding and securing medications - both over the counter and prescription - away from the reach of children. Medications come in all kinds of shapes, sizes and colors. Small children may see them as candy. Children have poor judgment when it comes to medications and other potentially dangerous items. By taking basic safety precautions, parents, caregivers, teachers, and others can help prevent a serious poisoning incident that can lead to personal injuries and tragically in some cases death. You can read more about the CDC study at Medications Are Responsible for Most Poisoning ER Visits Involving Children.

Child seats can save lives and prevent serious personal injuries to children. Having a child car seat in place is just one safety measures among several that need to be correctly in place to effectively protect children. The car seat must be properly placed and fastened. Safety harnesses from the seat need to be adjusted to make sure that the child is optimally secured in the seat as well In Wisconsin, a toddler recently was ejected from a Jeep while in his car seat. There was a witness to this accident. The witness reported that he saw the child fly out of the Jeep while still in the car seat. This incident certainly could have resulted in serious personal injuries and even the death of this 2 year old child. Miraculously, the child did not sustain any life threatening or serious personal injuries a a result of this incident. This story shows the importance of checking and double checking the placement and installation of child seats. You can read more about this story at Wisconsin Toddler Avoids Serious Personal Injuries After Flying Out of Jeep.

In Fort Myers, Florida, authorities with the Florida Department of Children and Families are investigating the circumstances around a baby's head injury. The Lee County, Florida Sheriff's Office arrested James Joseph Tolentino, age 22, after it was reported that he bashed the head of a 6 week old against a car seat when the boy was crying. The criminal charges include aggravated child abuse and child neglect causing great harm. The baby was airlifted to All Children's Hospital in St. Petersburg for evaluation and treatment

Parents, of all ages and financial background, often times have short tempers. While Florida requires a driver's license to operate a motor vehicle in the State of Florida, there is no such requirement to be a parent. While I am not suggesting that there be a system in place to license parents, it would probably be in the best interest of many parents and families to have parents go through classes, courses, and seminars as to how to properly care for an infant, a toddler, a child, and a teenager. There are just too many incidents like the one reported here where a child was senselessly injured by a parent with a short temper, poor judgment, and absolutely no common sense. You can read about injured Fort Myers child at Fort Myers Head Injury to Baby Is Now Being Investigated by the Department of Children and Families.

Cerebral Palsy is a brain disorder that commonly results from a brain injury. It is commonly associated with births or events at or soon after birth; however, Cerebral Palsy can also result from child abuse or trauma that takes place thereafter. I located a good article with diagrams of characteristics of Cerebral Palsy. It is important for parents to get an early diagnose of neurological disorders like Cerebral Palsy so that treatment and therapy plans can be put in place. In addition, lawsuits and claims in Florida and other states are subject to time limitations or statutes of limitations. As such, a timely diagnosis can assist parents in retaining a Florida Child Injury Lawyer to represent the child for birth or trauma related injuries causing Cerebral Palsy. You can read about the basics of Cerebral Palsy at Special Needs Kids 101: What is Cerebral Palsy?

A medical study conducted by Harvard University researchers reported that infants who were cared for in day care centers or outside of the home were heavier as compared to toddlers who were cared for in the home. Obesity and weight issues in children have become a major problem for Florida children and other children throughout the United States. The results, according to experts, may be related to the type of families who put their children into child care or the type of nutrition or activity provided in day care / child care. Whether your child is in day care or not, you should pay close attention to weight, nutrition, and activity levels. You can read more about this medical study at Infants Cared for in Another Home Become Heavier Toddlers.