Florida Child Injury Lawyer Blog

Babies continue to suffer serious personal injuries as a result of Shaken Baby Syndrome. Parents, caregivers, baby sitters, day care providers, and child care providers should never shake a baby as a form of discipline or as a measure to quiet a child. It is well known by pediatricians, neurologists, and other medical providers that shaking a baby can result in a serious child personal injury including:

*traumatic brain injury;
*brain swelling;
*brain damage;
*subdural hematoma (bleeding);
*mental retardation;
*developmental delays;
*vision problems / blindness;
*hearing loss;
*paralysis;
*learning disabilities; and
*death.

(See Shaken Baby Syndrome Goes Beyond the Family.)

Babies and infants will cry and become fussy. Keep this mind when caring for a child. Also, keep in mind that babies and infants are very fragile. This is especially true as to the development of the brain. Do not put a child at risk by shaking the child.

If a child has suffered serious personal injury as a result of being a victim of Shaken Baby Syndrome, the incident should be reported to the local police and the Department of Children and Families. In addition, the child may benefit from legal representation by a Florida Child Injury Lawyer if there is insurance or other means to obtain compensation for the child's past medical expenses and future medical expenses for therapy and education.

In Hollywood, Florida, a 13 year old has died and a family and community are mourning his death. Police are investigating the incident to determine the facts and circumstances surrounding this most unfortunate and tragic end to a young boy's life. Going from riding bikes around the neighborhood to death the next is certainly a difficult situation for any family to deal with. This incident shows the importance of gun safety and the necessity of securing guns that guns do not get into the hands of children and teens. It is well known that children lack safety awareness and good judgment. Whether the shooting was accidental or more criminal in nature, consistent gun safety and security can help reduce incidents of this nature. If you have a gun, make sure that it is properly secured and out of the reach of children. It is also important for parents to have conversations about gun safety with children. There is nothing cool about a child waving around a gun or carrying around a gun without proper adult supervision and guidance. Guns are not toys and are dangerous when in the hands of children who lack good safety awareness and judgment. You can read more about this story at Hollywood, Florida - 13 Year Old Boy Killed in Shooting.

In Jacksonville, Florida, an elementary school bus driver recent lost it and went on a rampage by attacking a number of students on a bus. According to a story posted in the Jacksonville, Florida Times Union newspaper, the Jacksonville Sheriff's Office responded to a scene of angry and upset parents along with their frightened children who were attacked by a school bus driver. The children were on their way home from Twin Lakes Elementary School at the time of the incident. The driver was upset because the children were noisy and would not quiet down. Thereafter, the bus driver allegedly slammed on the brakes and went towards the back of the bus and started attacking the children. The Jacksonville Sheriff's Office will be investigating the incident. In the interim, the driver has been taken off the job by Durham School Services - the company that provided the school bus services to the Duval County School District.

Students do have the responsibility of behaving and being quiet on a school bus so that a school bus driver is better able to concentrate on his or her driving. If there is a problem on a school bus, a driver can pull the bus over in safe manner and then address the situation; however, corporal punishment / assault of children on a school bus by a school bus driver is not the way to go. It puts children at risk for serious personal injuries. Furthermore, it is quite frightening for a child to be hit or even threatened with harm by an adult in an authority position like a school bus driver or a teacher. There is no provision in the Duval County School Board Policy Manual that allows a teacher or school bus driver to punch, push, assault, pull the hair, or otherwise harm a child under the supervision of the school system.

The Duval County School Board and its agents are not immune from liability just because it is a government entity that operates a public school. The Duval County School District can be held liable for the negligent and dangerous acts of his employees and agents. This goes the same for the school bus company employed by the school board.

When a parent sends a child to school, it is expected (and rightfully so) that the child will be supervised in a safe and controlled environment. It should be noted that this matter is under investigation and the school bus driver will be entitled to defend himself through an attorney should charges be brought on this action. Statements must be taken and evidence will be reviewed. If there is a video of the incident, this may help provide investigators with a better picture of the incident. You can read more about this case at Jacksonville, Florida School Bus Driver Removed After Assault Incident / Allegations.

In Florida and other States, children play organized sports throughout the year. Our great weather and facilities make Florida a haven of sorts for children who want to play sports. Go to any Florida community and you will find children playing football, baseball, basketball, soccer, softball, volleyball, lacrosse, golf and other sports. According to a report released by Safe Kids USA, there are more than 30 million children who participate in sports every year. With this vast number of children engaged in sports, there millions of injuries every year that are related to sports. In particular, there are approximately 3.5 million injured children who seek medical attention every year. There are some basic tips that a parent can follow that can help avoid a sports injury or lessen the impact of a sports injury. These include the following:

1. Have your child play different sports
Playing different sports through the year may help avoid the overuse of a body part. For instance, it may be a good idea to play tennis part of the year and soccer for the other part of the year.

2. Keep Your Son or Daughter Off the Field / Court if He or She Has Pain
According to doctors, playing through pain means that the body has not healed or the underlying problem is still in place. When possible, rest your child to give his or her body a chance to heal.

3. Know the Recommended Limits for the Particular Sport
Recommended limits are in place for baseball and other sports. A child should throw only so many balls or pitches. Overuse injuries in children are common and can be avoided with reasonable limitations being put in place by parents and coaches.

4. Find Out About the Coach's Experience, Philosophy, and Medical Training as They Pertain to Injuries
It probably is not in a child's best health or medical interest to be paired with a coach who believes that winning takes precedence over everything else. A coach should be there for the best interest of the child and to promote the child's well being rather than promote a win at all cost philosophy.

5. Read Up and Be Familiar with Common Injuries Associated with the Sport
It is helpful for parents to be aware of the injuries that are often seen with a particular sport. For instance, there can be elbow and shoulder injuries associated with tennis, shin splints associated and running, and head injuries associated with football and soccer. Parents should diligently attend practices and games to keep an eye on their children to make sure that there are no health problems that are affecting the child. Getting medical attention for a health concern or injury early can make a big difference for a child suffering a sports related injuries.

You can read more about this topic at Ways to Help Your Child Avoid Sports Related Injuries.

Holidays are a time for family run, recreation, and sports. . . . They are also a time in which child suffer injuries ranging from minor child personal injuries (cuts, scratches, and minor bruises) to significant child personal injuries (fractures, brain injury, and death). A study completed by the Center for Injury Research and Policy at Nationwide Children's Hospital in Columbus, Ohio studied data from approximately 100 emergency room departments to determine the number and frequency of injuries resulting in emergency room treatment during holiday time periods. The study reported 5.7 million child holiday related injuries during the time period from 1997 - 2006. You can read more about this study at Labor Day Tops List of Holiday Related Child Personal Injuries.

When children are out of school or formal supervised activities, parents should be diligent in their supervision of children. It is well known that many children lack safety awareness and often times have poor safety judgment when engaged in recreational and sports activities.

While not all child personal injuries can be avoided since accidents do happen, we should all do all part to supervise children and step in when there is a potentially dangerous situation or activity engaged in by children.

Small children are at risk for choking on every day foods. In particular, choking risks are increased with hard objects like candy, hot dogs and carrots. Because of the development of child and the size of their airways, parents, day care providers, and other child care providers should be observant of what the child eats and be ready to address any potential choking hazards or incidents.

Vincent Iannelli, M.D. - an author and Board Certified Pediatrician, wrote an excellent article that provided a list of foods and objects that pose a choking risk for children. (See Choking and Choking Hazards for Children) The list included the following:

-hot dogs
-popcorn
-peanuts
-raw vegetables
-whole grapes
-large cubes of cheese
-hard candy and gum
-soft candy like caramel
-coins
-marbles and small balls
-parts of balloons.

Child care providers should be careful to supervise what is given to a child and what is accessible to a child. A bag of grapes or carrots left in a purse on the floor can easy lead to tragedy and personal injuries to a curious child.

In Florida, the state is covered with hotels and motels. Florida is a vacation spot / destination for many visitors seeking to enjoy the Florida weather, attractions, and theme parks like Walt Disney World, Sea World, Busch Gardens, and Universal Studios. Florida law requires railings on balconies at hotels / motels. Pursuant to Section 509.211, Florida Statutes - Safety Regulations, a public lodging establishment (i.e. hotel or motel) is required to have safe and secure railings on all stairways, platforms, and balconies when the public lodging is three or more stories in height. Furthermore, all such railings shall be properly maintained and kept in good repair.

A former teacher at Cocoa Beach Junior / Senior High School was sentenced to a 50 year prison term for criminal charges involving child pornography. The defendant, Berne Schmidlkofer - age 65 - pleaded guilty to the charged that involved the production and distribution of child pornography involving a 6 year old child. The arrest was made after a tip was provided to the National Center for Missing and Exploited Children. It is quite frightening that just a few years ago that this man was teaching our children and serving as an apparent role model for children. You can read more about this story at Former Teacher Receives 50 Year Prison Term.

In Florida, we enjoy great weather virtually year round. In most neighborhoods, you will see trampolines which can be great fun for children. Unfortunately, trampolines are also the site of serious personal injuries to children. While not all injuries can be prevented, following some basic safety tips can help reduce the number and severity of Florida trampoline related child personal injuries. A good article was posted at the
website - www.kidstoycollection.com. The following tips were suggested:

1. Provide adult supervision while the children on on the trampoline;

2. Inspect the frame and springs and make sure that the trampoline pad is the right fit and style for the trampoline;

3. Limit play on the trampoline to one child at a time;

4. Keep the trampoline away from other areas or objects that may cause a safety issue when playing on the trampoline; and

5. Have a trampoline enclosure in place.

Parent, child care providers, and others should provide child with supervision and safe equipment. Supervision and safety can prevent many child personal injuries.

In Florida, the state is covered with hotels and motels. Florida is a vacation spot / destination for many visitors seeking to enjoy the Florida weather, attractions, and theme parks like Walt Disney World, Sea World, Busch Gardens, and Universal Studios. Florida law requires railings on balconies at hotels / motels. Pursuant to Section 509.211, Florida Statutes - Safety Regulations, a public lodging establishment (i.e. hotel or motel) is required to have safe and secure railings on all stairways, platforms, and balconies when the public lodging is three or more stories in height. Furthermore, all such railings shall be properly maintained and kept in good repair.

Hotel and motel owners have a duty to comply with this law and others. It is vital that adults and children visiting hotels and motels are provided with reasonably safe accommodations. With safety precautions like railings in place, many serious personal injuries can be prevented.

In Florida and other states, hotels and motels are everywhere. Many parents do not realize it but there dangers at hotels and motels where there are balconies. Children typically like balconies as they give a view of the rest of the hotel, the pool, the beach, and other fun areas to watch. Children have poor safety awareness and judgment. As such, there are reports of children falling from balconies or out of windows. In Daytona Beach, Florida, it was reported that an 8 year old girl fell off a Comfort Inn and Suites balcony. She was complained of back pain after falling from the first floor balcony. ( See 8 Year Old Falls from Hotel Balcony in Daytona Beach, Florida).

When staying a a hotel, parents should check for the following:

*safety bars and locks on sliding doors / doors to the balcony;

*proper railing around the sides of the balcony; and

*furniture on the balcony (when possible, keep furniture a distance from the railing).

In addition, parents should supervise children on or near balconies to insure the safety of children.

If a child has been injured as a result of an improperly maintained hotel or motel or the negligence of others, contact a Florida Child Injury Lawyer for advice, consultation, and representation.

In Gainesville, Florida - home to the University of Florida, the Alachua County Sheriff's Office, Gainesville Police Department, the UF Police Department are working to remind drivers to yield to pedestrians. With the presence of the University as well as a number of schools in the area, pedestrians are every where in Gainesville. Drivers should be on the lookout for pedestrians which include college students as well as much younger children. In an effort to encourage and remind drivers to yield to pedestrians, signs are posted in Gainesville publicizing the percentage of Gainesville driver yielding to pedestrians. Awareness and action are key components to this campaign. Many pedestrian personal injuries and deaths in Gainesville and other Florida cities can be avoided with better driving and by having drivers yield to pedestrians. See Gainesville Florida Signs Showing More Drivers Yielding to Pedestrians.

Underage drinking is a problem in Panama Beach, Florida and other Spring Break areas. See Florida Division of Alcoholic Beverages - Enforcement and Arrest Made in Panama City Beach, Florida - Orlando Sentinel. In Florida, the drinking age is 21. Anyone under the age of 21 is violating the law if he or she consumes alcohol or provides alcohol to another person under the age of 21. Teenagers have poor safety awareness and judgment when it comes to the consumption of alcohol. Teenagers get into a "party mode" and believe that drinking is harmless fun. This is far from the truth as many teenagers suffer serious personal injuries and some die every year from alcohol related deaths. Driving Under the Influence is a big problem in Florida whether the driver is a teenager or an adult. Alcohol dulls the senses and affects one's alertness and motor skills. In Panama City Beach, Florida, agents from the the Florida Division of Alcoholic Beverages and Tobacco patrol the area on the look out for underage drinking violations by teenagers as well as businesses.

Over 900 teens and 20 year olds were arrested between March 11 and March 28 for underage drinking / possession of alcohol in Panama City Beach. Unfortunately, some parents become aware of underage drinking by a child only when there is an injury or arrest. It is important for parents to sit down with their children and have discussions about the dangers of alcohol and what it means to be a responsible teenager or young adult.

If a child has been injured as a result of an alcohol related automobile accident or personal injury, contact a Florida Child Injury Lawyer for consultation, advice, and legal representation.

In Florida elementary, middle and high schools, there are reported incidents of violence and assaults against students. In Fort Lauderdale, a middle school student (Josie Lou Ratley) was stomped on by steel toed boots and punched in a vicious beating. Wayne Treacy is accused of this crime. His case recently came before a Fort Lauderdale judge who denied bond for the teen criminal defendant. Treacy is represented by a criminal defense attorney and it is reported that Treacy plans on pleading not guilty to the charges. See Bond Denied for South Florida Teen.

Tragically, Josie Lou Ratley suffered serious personal injuries in the form of extensive brain damage as a result of the alleged beating. The incident took place at a South Florida middle school. Ideally, schools should be a haven for children to grow, learn, and socialize. Unfortunately, violent incidents take place in Florida shows that make them anything but a safe haven.

A recent article posted at the Florida Times Union Website focused on the dangers and statistics involving personal injuries to bicyclists and pedestrians in Jacksonville, Florida and other cities in Florida. The Florida Department of Highway Safety and Motor Vehicles maintains statistics on personal injuries suffered by pedestrians and bicycle riders. In 2008, in Jacksonville, Florida alone, there were 566 pedestrians and bicyclists who were hit by vehicles in 2008. Of this number, 20 died from the accident related personal injuries. In 2009, these figures rose to 604 pedestrians and bicyclists who were hit by a vehicle with 29 dying from accident related injuries. The Jacksonville Sheriff's Office also maintains statistics as to injuries and fatalities. According to JSO, there have been 124 bicycle riders and pedestrians who have been killed in Duval County since 2006.

Many of these automobile / bicycle / pedestrian accidents and injuries could have been prevented with better safety awareness and driving on the part of drivers. Driver distraction is a huge problem in Jacksonville, Florida and other areas. Mobile phones, text messages, e mails, and web surfing all play a part in the rampant problem of driver distraction.

In Lighthouse Point, Florida, a driver crashed his vehicle into a day care center. It was reported that he mistakenly hit the gas pedal / accelerator rather than the brake peddle. His child was in the vehicle at the time of the crash. No personal injuries were reported as a result of this incident. Interestingly enough, there have been other crashes into day care centers around the nation. You can read more about this story at Driver Crashes into Lighthouse Point, Florida Day Care Center.

In Clearwater, Florida, a family is thankful for the incessant barking of the family dog - Scooter - a 1 year of Shih Tzu. While the family was sleeping, a car caught on fire. The fire later spread to the attic. Scooter began barking and did not stop. He successfully alerted the family who escaped from the burning house. Fortunately, no one suffered personal injuries in this fire. A family dog can be a great benefit to the family. In this case, Scooter acted as a fire alarm. The story posted by the Associated Press did not report whether the house had a smoke detectors / fire alarm system in place. While dogs are great, a smoker detector / fire alarm system would be a bit more reliable in alerting a family as to a fire. If you do not have smoke detectors in your home, have them installed. If you have smoke detectors in the home, check and replace the batteries frequently. Congratulations Scooter on a job well done! You can read more about this story at Florida Family Escapes Burning Home Thanks to Family Dog - Scooter.

Parents - do you know what your child is searching for on the Internet? You may be surprised to see what your tike / small child is searching for on the Internet. iMom is a website for mothers that covers a variety of topics. iMom posted the top 100 seaches by children. As you may or may not have expected, sex and porn were in the Top 5 along with You Tube. Children are curious and will explore the computer and Internet. As parents, teachers, and caregivers, we must supervise and monitor a child's use of the computer. There are child predators lurking out there in cyberspace just looking for their next victim. You can see the full list at Top 100 Searches by Children at the www.imom.com site.

In Florida and other States, a day care center has a duty to provide supervision of children while under the care of the day care and child care providers. Supervision is important for a variety of reasons. One such reason is to keep the children safe from harm. If a child is permitted to wander away from a facility, there are a host of tragedies that could happen. The child could get hit by a car. The child could get bit by a dog. The child could be fall into the hands of a child predator. All of these things could lead to serious personal injuries and, in some cases, even the death of a child. Supervision along with policies and procedures are key ingredients to the safety of a child in a Florida day care center. In Holly Hill, Florida, a day care center (Beautiful Beginnings Child Care Center, is being investigated after an incident in which 2 of the children were found by a neighbor after they wandered away from the day care center. While there were no personal injuries reported, it is important for the day care center to review its policies and procedures as well as the incident itself to make sure that this does not happen in the future. You can read more about this story at Holly Hill, Florida Day Care Under Investigation by the Florida Department of Children and Families.

Are Pit Bulls dangerous to infants? The answer to this question will depend on who you ask. Every dog, like every person, is different. Is is fair to spotlight a breed of dog like a Pit Bull as dangerous? Again, it would depend who you ask. In the news and media, there seems to be frequent stories about child suffering serious personal injuries and even death after being bit / attacked by a Pit Bull. One such incident took place in New Port Richey, Florida. It was reported that a 7 day old infant was mauled to death by a Pit Bull. The incident took place during a time period that the mother was sleeping near by. What was it that triggered this aggression in this dog? What the dog aggressive in the past? Is there something about the scent of a baby or the the crying of baby? Whatever the particular facts of this case are, a child died and a family and community are in mourning. People should keep in mind that dogs are animals. As such, they are unpredictable even with no history of aggression or problems. You can read more about this story at 7 Day Old New Port Richey, Florida Child Mauled by Pit Bull.

In Florida and other States, there is a tradition for families that has been around much longer than the modern conveniences of the computer, cable television, and other forms of entertainment - the bedtime story. Many parents understand the importance of this tradition and teaching tool. As such, these parents take time to read to their children. Unfortunately, some parents do not make the time or are not around at bedtime to the daily demands of work and other obligations. You can read a brief survey that was reported in the Orlando Sentinel at Parents Too Busy to Read Bedtime Stories. If you are a parent or caregiver and some how can find the time to read to a child, do it. Children still love books. More importantly, it is a good time to bond with your child and to talk to them about the book or their day.

In Florida and other States, there are school teachers out there who may pose a risk to our children. In Orange County Florida, a second grade teacher (Dale Chisena, Sr.) was arrested for child pornography charges. Chisena taught second grade at Lovell Elementary School for over 30 years. Investigators reported that Chisena and his son downloaded 1000 child pornography images on their respective computers. The computer Forensic evidence will be a key focus of the evidence against Chisena. Of course, he will have the right to representation from a Florida criminal defense lawyer or a public defender on these charges. It would appear that the number of downloads would be tough evidence to overcome or to explain that it was a mistake. The child pornography industry victimizes child over and over again. Those who pay for or even download it are part of this immoral industry. You can read more about this story at Bond Set for Teacher Accused of Having Child Pornography.

A sigh of relief is in the air for a Winter Springs family and community. Nadia Bloom, who was missing for a few days, was found alive in an Alligator infested swampy area. James King, a fellow church member with Nadia's family, was the searcher who located Nadia. Other searchers located Mr. King and Nadia through the use of cell phone signals. A combination of hard work, technology, and some prayers resulted in the safe return of this 11 year old girl to her family. You can read more about this story at 11 Year Old Winter Springs Girl Found Alive.

By David Wolf, Attorney and Cassie K. McDonald, Law Clerk
Published by Florida Child Injury Lawyer Blog

Bobby Wayne Turman, a 35-year-old male resident of Santa Rosa County, Florida, was charged with 100 counts of sexual assault to a victim under twelve-years-old. To defend himself against these Florida criminal charges, Turman will be entitled to a public defender or an attorney from a private law firm.

The alleged abuse started when the victim was eight-years-old and continued until the victim turned eighteen despite two separate revelations to Turman’s wife. According to the report, Turman threatened to kill the victim after the first accusation and forced the victim to tell his wife, “It was just a dream.” After the second accusation was ignored by Turman’s wife, the victim stopped revealing the sexual abuse. According to the victim, if the wife would not believe the accusations, no one would.

The sexual abuse was reported to the sheriff’s office on February 9, 2010. Investigators interviewed the victim and eyewitnesses who corroborated the victim’s story. One witness, a prior roommate of Turman’s, recalled approximately seven different occasions where Turman and the victim were alone together in a bedroom or bathroom. Although Turman told the witness he was “disciplining” the victim, the witness heard suspicious crying, sniffling, and grunting. According to the report, when Turman and the victim were alone in the bathroom, the faucet would continuously run. When alone in the bedroom the witness heard “movement on the bed,” and “squeaks from the bed.”

It takes a very strong and courageous child or adult who has been a victim of child abuse to come forward and reveal the abuse and molestation suffered by the victim. If a child comes forward with a story of child abuse or molestation, the child should be listened to and taken seriously. Sexual abuse on a child is a serious and heinous crime. Children suffer serious personal injuries in the form of physical harm and psychological trauma from sex abuse and assault acts committed against them.

You can read more about this story at Man Charged with 100 Counts of Sexual Assault to Victim under 12.

Savvy investigators pieced together photographic / video evidence that lead to the arrest of a David A. Diehl, age 48, in Orange Park, Florida. The investigation centered around videos made of the molestation of a 9 year old girl in a tent. The video was evidence in other criminal cases for child pornography. Now, investigators believe that they have the man who made the child pornography videos. One piece of evidence was a novelty $1 Million Bill. Investigators traced this bill back to the Star Ranch, a nudist club in Texas. Investigators then conducted interviews which helped identify the girl who was in the video. Thereafter, the girl was interviewed. The girl finally broke her silence and recounted the horrible events that took place in the tent.

Children should be cared for and protected and not subjected to the selfish and horribly aggressive and violent acts of child predators and sexual offenders. You can read more about this story at Arrest Made of Alleged Child Pornographer in Orange Park, Florida.

Of course, Mr. Diehl will be entitled to legal representation by a criminal defense attorney. The evidence will be closely analyzed by each side in making the decision on a plea deal or to take the case to a jury trial.

Is Corporal Punishment allowed in my child's Florida public school? This is an excellent question. The answer to the question depends on the school board district policies and procedures. Most school districts prohibit corporal punishment. If a parent or guardian has a question about corporal punishment in a school, the parent or guardian should first review the policies and procedures for the school district. For example, in Orange County (Orlando), Florida, "the school board prohibits the administration of corporal punishment in the school system." This is a clear statement of policy that must be followed by all school employees. It does not matter that the teacher feels differently or raised his or her children with the use of corporal punishment.

If you believe that your child has been a victim of corporal punishment or has otherwise suffered personal injuries in a Florida school, contact a Florida Child Injury Lawyer for advice and representation. Issues in these cases involve school board policies and procedures, Florida statutes, a review of the incident report, a review of the medical records, insurance, and other matters.

The State of Florida holds the distinction along with the State of Arizona and the State of South Dakota of having no booster seat law in effect. A bill has been proposed by Rep. Richard Steinberg, Democrat - Miami Beach - and Rep. Richard Glorioso, Republican -Plant City. Unfortunately, according to a recent news story posted in the Jacksonville, Florida Times Union Newspaper, it does not appear that the bill will pass. The majority of States have a booster seat law in effect for children ages 4 to 7 since standard seat belts for children in this age range are not optimal for the size of the children. See New Year Raises Age Requirements for Child Booster Seats

A law that promotes child safety is a law that could save lives and prevent serious child personal injury and death. AAA Auto Clubs South, Safe Kids U.S.A. and other child safety advocate groups support a child booster seat law. You can read more about this story at Florida Booster Seat Law to Promote Child Safety Unlikely this Year. See also Florida Bill Would Require Booster Seats for Children.

Text messages can also get you in trouble. In Winter Park, Florida, a former band teacher admitted that he sent inappropriate text messages to a student. Joel Moody, age 31, sent sexually suggestive text messages to the student. While it was reported that the student was 18 years old which is the age of majority or adulthood in Florida, the band teacher was in a position of trust and responsibility and should not have sent out these suggestive and inappropriate text messages. Band teachers and other educators have a duty to teach our children not to send out inappropriate text messages. Furthermore, text messaging and friendships between teacher and student often times lead to sexual contact and inappropriate and illegal relationships. Teachers should know the boundaries and should avoid committing any acts that are inappropriate or even have the appearance of impropriety. You can read more this story at Winter Park Band Director Admits to Sending Out Inappropriate Text Messages.

In Florida, children have poor safety awareness. As such, it is important for children to have supervision in and around pool areas, playground areas, and clubhouses. I am often asked if a waiver would protect the owner or manager of the pool area, playground area, or clubhouse. This is a relatively simple question. Unfortunately, the answer is more complex. Waivers that allow a person or business to act with negligence that causes injury are often times look upon with disfavor by Courts and juries. As such, some courts have struck down waivers as against public policy. If you own or run a pool, playground area, or clubhouse, a waiver may not been effective in preventing a lawsuit. Furthermore, it is the child's own safety and welfare that is most important. Here are some tips that an owner or manager may want to implement at a pool, clubhouse, or playground:

1. Require adult supervision for all children under a certain age. I would suggest 12, 14, or even 16 as the age requirement.

2. Post signs, bulletins, and e mails to announce and implement the policy.

3. Enforce the rule with consistency. A rule with no enforcement is like having no rule at all.

4. Prevent or limit access to children unless the age requirements are met.

Pools should be supervised with more stringent standards. Barriers, pool fences, and locks should be used to prevent entry of young children into pool areas. When possible, a lifeguard should be posted at the pool.

The use of a liability waiver may not be an effective way to prevent a lawsuit or liability. Furthermore and more importantly, a liability waiver will not prevent a child from serious personal injuries or death. Implement reasonable rules and provide supervision when possible to help prevent injuries to children.

In Winter Springs, Florida, a family, neighborhood, community, and law enforcement are searching for a missing 11 year old girl - Nadia Morgan Bloom. The search has even included the use of a helicopter and all terrain vehicles to search through thousands of acres in and near the Barrington Estates neighborhood. A dive team has also been called into service to participate in this search. The hope of all involved is to find this young girl safe but the stress and worry continue to heighten as each day passes. If you have any information on the whereabouts of Nadia Morgan Bloom, contact the
Florida Department of Law Enforcement Tip Line at 1-866-282-0672.

In Florida, we have the benefit of great weather. This, in turn, makes Florida a great place for adults and children to ride their bicycles. There are millions of bicyclists in Florida. It is important for Florida drivers to watch out for bicyclists especially children. Pursuant to Section 316.083 - Florida State Uniform Traffic Control - Overtaking and Passing a Vehicle - a driver must driver pass a bicycle or a non-motorized vehicle at a safe distance of at least 3 feet of distance between the bicycle / non-motorized vehicle and the vehicle itself. Of course, a reasonably safe driver must also slow down as needed and obey speed limit and school zones. You can read the full statute at Official Site for Florida Statutes.

Drive safe and watch out for bicyclist.

If you have questions about a Florida bicycle / automobile accident, contact a Florida Child Injury Lawyer for advice, consultation and representation on the issues of liability, medical bills, medical treatment, insurance, and legal rights.

In Florida, parents have a choice when it comes to pediatricians. It is important for a parent to do research and due diligence before selecting a pediatrician. Ask about the pediatrician's background, training, and experience. Take a look at the pediatrician's website. It is also helpful to review the Department of Health website located at www.doh.state.fl.us - This website provides background history and education for the pediatrician. Make sure that you are comfortable with your pediatrician. Your child's health and welfare are paramount. As such, the selection of a solid pediatrician should be well thought out and researched. You can read more about this topic at Selecting a Pediatrician in Jacksonville, Florida.

In Seminole County, Florida, a day care center was the site of a car crashing through the building. Oddly enough, incidents like this have been reported in other cities and communities. In high traffic area, automobile accidents take place. As many of you know, there are a bunch of bad driver's out there that wreak havoc on and off the roads. Some accidents result in crashes into buildings like the one reported to the Einstein Academy in Longwood, Florida. Fortunately, no children were in the building at the time of the incident. You can read more about this story at Car Crashes into Day Care Center in Seminole County, Florida.

In Florida and other States, children are victims of accidental shootings. Young children are very curious and do not understand the real danger of guns. In Fort Myers, one such child (Ian Heath Allen) recently shot himself. Accidents do happen. Then again, accidents can be prevented with due diligence when it comes to gun safety, gun locks, and gun storage. The accidental shooting death of a child is a tragic loss for the family and community. Hopefully, others reading this story will have sympathy for the family. In addition, gun owners should take notice and exercise all reasonable and necessary measures to protect young children who lack safety awareness and good judgment. You can read more about this story at 2 Year Old Accidentally Shoots Himself in Fort Myers, Florida.

Florida has beautiful weather and virtual year round boating and swimming. Because of the weather and access to waters of the ocean, rivers, lakes, ponds, and pools, there is plenty of risk to children and those who do not know how to swim. In an effort to educate parent, child care givers, teachers, and others, the Bonita Springs (Florida) Fire Control and Rescue District published a safety packet that includes a CPR Instruction Sheet, Expert Water Safety Tips, and a Safety Survey.

The Bonita Springs Fire Control and Rescue District personnel would certainly rather educate residents than respond to a tragedy. Safety precautions are paramount for children near any area of water. A drowning can happen in a matter of minutes and can take place in a mere inches of water. You can read more about the Bonita Springs Fire Control and Rescue District efforts at Safety Packet to Promote Water Safety.

A Center for Disease Control and Prevention (CDC) report indicates that children 4 and younger constitute a high risk group for traumatic brain injury (TBI). A TBI can result from a sudden blow, trauma, or jolt to the brain. TBI injuries account for approximately 1/3 of all injury or accident related deaths in the United States. For teenagers ranging from the ages of 15 to 19, the mechanism of the injury or the TBI is an automobile accident. For small children, a TBI can result from a fall at home or on a playground. If a child has suffered a TBI, timely medical treatment and intervention is essential. Signs or symptoms that a child has suffered a TBI (Traumatic Brain Injury) include the following:

drowsiness that is sudden;
problems being alert;
problems recognizing places or people well known the child;
irritability or whining;
numbness;
vomiting; and
neck pain.

Of course, some of the above symptoms can be merely related to the child's mood or lack of sleep. This makes it even more difficult in many instances for parents to timely recognize and respond to the symptoms of a TBI. If there has been an incident or a change in your child, consult with your pediatrician or other health care provider for a proper and timely diagnosis.

You can read more about traumatic brain injuries at CDC Report - Traumatic Brain Injuries - Risk to Children.

In Naples, Florida, a man pleaded no contest to criminal charges that he molested six boys in a day care center. The plea bargain will require the criminal defendant, Jose Jesus Lara Flores, to serve four concurrent 15 year prison terms. He officially pleaded no contest to the charge of attempted sexual battery. Other charges were dropped but it was reported that the victims' families were satisfied that the case has been resolved and that the defendant will go to prison, face possible deportation or proceedings with the United States Department of Immigration and Naturalization, and also be designated as a sexual predator. You can read more about this story at Man Pleads No Content to Criminal Charges Involving Sexual Molestation at Boys in a Day Care Center.

In Panama City, Florida and other Florida cities, high school and college students gather together during Spring Break to have fun and take some time to enjoy the Florida weather, beaches, and Spring Break festivities. Tragically, a number of Spring Breakers die or suffer serious personal injuries every year. Recently, Mat James, a top football recruit from St. Xavier High School in Cicinnati, Ohio who had planned to attend Notre Dame, died from a fall from a balcony at a Days Inn. The story was reported by the Associated Press.

It is sad that a young man with a bright future ahead of him died at such a young age under such tragic circumstances. Matt was big and strong but could not survive this fall. Other Spring Breakers, parents, business owners, and hotel and motel operators should take notice of these stories and emphasize that safety is the most important thing on Spring Break over anything else.

You can read more about this story at Ohio High School Student Dies in Fall from Balcony in Panama City Beach, Florida.

In Port St. Lucie, Florida, a teen recently died after being electrocuted while trimming trees. Matthew Gamble, age 19, was trimming trees when his ladder slipped some how which, in turn, made contact with the power line. His father later freed the ladder away from the power line while his son was dangling from a harness. It appears that Matthew took some safety precautions by using a ladder and a harness. This is truly a sad story and a sad end for a young man. It is also a reminder for children and adults alike of the dangers of power lines especially when doing yard work or tree trimming. You can read more about this story at Teen Dies From Electrocution Related Injuries Trimming Trees in Port St. Lucie, Florida. The incident was reported by the St. Lucie County Fire District.

Florida legislators / lawmakers are considering a law to ban texting while driving. The details of the bill and the enforcement of the law are being debated by lawmakers. One version of the law would make it the offense primary offense which means that a person can be pulled over and cited for the act of texting while driving. Another version of the law would make it a secondary offense which means that a person would need to be pulled over for some other violation (i.e. speeding or careless driving) before a person would be cited or fined for texting while driving. It makes sense to pass a law since texting while driving only contributes to the already existing problem of distracted driving. The United States Department of Transportation reported that distracted drivers accounted for 6,000 deaths on highways in 2008. You can read more about the debate in Tallahassee among lawmakers and safety advocates at Florida Considering Texting While Driving Ban.

If you have questions about a Florida automobile accident, contact a Florida automobile accident attorney for advice and representation regarding your rights, Florida law, insurance, compensation, medical bills, and other matters related to the personal injuries and property damages sustained in the automobile accident.

In Florida, children are transported to and from schools every day. It is important for drivers to be careful anytime that there is a school bus on the roadway. It is and should be well known that school buses make frequent stops and that children often times need to cross streets after exiting a school bus. In addition, children are at risk for injuries on school bus when there is an accident. In Bonita Springs, Florida, an accident was reported. The incident involved a 19 year old driver who crashed / rear ended the school bus. The car was actually wedged under the school bus as a result of the crash. The driver was later arrested and charged with DUI.

Of course, the driver will be entitled to representation in the criminal case by a public defender or a private attorney. However the criminal case works out, it is important for all drivers to be careful when driving on the roadways and be on the look out for school buses and child pedestrians. You can read more about this story at Driver Arrested Following Bonita Springs School Bus Crash.

In Florida, there is a great program called the VPK Program or the Voluntary Pre-Kindergarten Program. This program provides free pre-kindergarten tuition to 4 year olds in the State of Florida. In every community, there are VPK programs that accept students. The State of Florida picks up the bill. Even though the VPK program is free and regulated by the government to some extent, it is still important for parents to diligently inspect and check out the facility to make sure that it is safe and a good learning environment for the child. There is a good resource on the Internet that allows parents to get some basic information regarding a VPK program. I recommend that every parent go to this site and find out more information about the VPK program. The Florida Department of Education has a VPK Provider Readiness Rate Website. Check it out.

A Spring Break vacation turned tragic when 9 year old - Chase Brubaker - died in a bus / bicycle accident at Disney Fort Wilderness. As reported in the Orlando, Sentinel, Chase was riding his bicycle on a sidewalk. Thereafter, Chase was run over by the rear back tire of the Disney bus. The details as to how the accident happened will be investigated. The issues would involve the following:

Where was Chase riding his bicycle just prior to the incident?

What was the speed limit in the area?

Did the bus driver see Chase or the other bicycle riders prior to the incident?

Was there anything about the bus driver's driving that caused or contributed to the incident?

Was there anything about Chase's bicycle riding that caused or contributed to the incident?

People reading about this incident should keep in mind that newspaper and television stories are very brief in nature and often times do not include the full statements of the witnesses, detailed diagrams or accident reconstruction, or other key facts or information to a case of this nature.

It was quite a frightening site for his friend, the bus driver and those on the bus. Police will conduct a thorough accident death investigation into the incident. The accident took place on Big Pine Drive which is a two lane roadway that runs around the Fort Wilderness Campground according to the Florida Highway Patrol. You can read more about this incident at 9 Year Old Boy Dies in Disney Bus / Bicycle Accident.

The St. Johns County School District recently settled a case for $140,000. The case involved allegations that the St. Johns School District improperly promoted religion. The case in particular challenged the constitutionality of the performance or promotion of the song "In God We Still Trust" in a third grade class.

The Plaintiffs in the case claimed that the song promoted religion and made their children uncomfortable in the school. There are many strong opinions on each side regarding cases of this nature. The St. Johns School District settled the case after the matter was litigated in Federal Court. The case did not go to trial. The settlement was reached after due consideration by each side as to the damages that could have been awarded to the children as well as the Plaintiff's attorney fees that would have been awarded if the Plaintiffs were successful at trial. No matter which side you support - the song raised questions and turned out to be very costly for the school district.

When dealing with religious issues in the public school system, administrators, teachers, and parents for that matter should be sensitive to the fact that there are a number of different religions and religious practices in the community. Some do not even believe in any religious faith at all. That is part of the freedom of this country.

It is important for schools to follow the mandates of the school district policies and procedures, the Florida statutes, the Florida Administrative Code, the Florida Constitution and the United States Constitution.

You can read more about this story at St. Johns County School District Settles Lawsuit Over Alleged Religious Song - Sides Still Disagree Issues.