Florida Child Injury Lawyer Blog

A 4-year-old boy of Crawfordville, Florida, tragically died on January 15 after a large, wooden pice of furniture fell on top of him. After investigation, the death has been ruled as a tragic accident. The accident occurred in a bedroom of the grandparents' house. Landon Greene was playing with his 5-year-old cousin when he attempted to climb a 5 1/2 foot tall dresser. Landon's grandmother, Lavonne Greene, went into the room after her and her husband, Charles Greene, heard a loud noise come from the bedroom where the children were playing. Lavonne discovered Landon under the dresser which was full of clothing. The child was rushed to Tallahassee Memorial Hospital where he was pronounced dead approximately one hour later.

The child suffered a fatal head injury, which was caused by the dresser falling on top of him. To read more on this story please see 4-year-old boy dies after dresser falls on top of him.

Child fatalities caused by household items are more common then one would think. Children climb, jump, and run around large household furniture such as dressers, trunks and television sets. TVs have recently caused a significant amount of child fatalities. Parents and guardians should childproof their homes to the best of their ability and ensure that play areas are safe.

Eleven high school students were arrested after a fight between dozens of students broke out at Northeast High School in Oakland Park in Broward County, Florida. All the students arrested were juveniles. The students were arrested on charges including disruption of a school function and battery; they were taken to Broward's Juvenile Assessment Center after their arrest. According to Marsy Smith, district spokeswoman, the fight broke out in a hallway near the cafeteria of the school around 9:20 a.m. The scuffle appeared to be over a cell phone. The school was not placed on lockdown and continued its regular schedule. Although the school did not comment on the incident, Smith stated the students will likely afce a 10-day school suspension. According to an article in the Miami Herald, this is not the first fight that resulted in students being arrested. In 2009, four people were arrested after students got into a fight at Charles Drew Middle School in Miami-Dade. Two adults and two students were arrested. In 2008, a lunchtime brawl broke out at Edison High School, also in Miami-Dadge, which lead to the arrest of 24 students. Also in 2008, seven students were arrested after a fight broke out outside of Dillard High School for the Performing Arts. There were not injuries or weapons involved in the most recent fight at Northeast High School. To read more on this story please see High school students arrested after fight breaks out at Northeast High School.

Luckily no one was injured in this school fight. The students arrested in this fight will not only face consequences academically, but also criminally. Victims of fighting or other types of battery have a right to go after their batterer for the harm inflicted upon them and the personal injuries they sustained.

Police have arrested a 17-year-old male of Ocala, Florida, for his alleged involvement in the fatal shooting of another male at a local bowling alley. Marqalle Jordan Woolbright was arrested and charged with homicide by detectives. An officer spotted a large crowd gathering outside of AMF Galaxy Bowling Lanes. The officer approached the crowd after he witnessed a fight and heard gunshots. After breaking through the crowd, it was reported that the officer discovered 19-year-old Antonio Gordon, Jr., lying on the pavement with a gunshot wound. The officer performed CPR until other rescue personnel arrived. Gordon was rushed to Munroe Regional Hospital where he was later pronounced dead. Eye witnesses told investigators that Woolbright was involved in a inside the bowling alley that was eventually taken outside. Woolbright was arrested charged with homicide and transported to the Department of Juvenile Justice after he was interviewed by investigators. AMF Galaxy Bowling Alley holds $0.99 bowling every Tuesday, which attracts a large crowd. If you would like to read more on this story please see Minor charged with homicide after fatal shooting outside Ocala, Florida, bowling alley.

The death of this young man is a tragedy for his family and community. It is likely that this 17-year-old may be tried as an adult. Therefore, he may face harsher criminal sanctions. Firearms are extremely dangerous weapons and should only be possessed by minors in minimal situations. In fact, if you would like to read more on Florida Law regarding minors and gun possession please read Frequently Asked Questions About Firearms, Safety, Possession, and Children - Information Every Parent and Gun Owner Should Know.

A Jacksonville teenager has been sentenced for his involvement in a 2009 crash. Brandon Hodges was sentenced to one year probation, 250 hours of community service and ordered to write letters of apology. The June 2009 crash killed four of Hodges' friends and inflicted serious personal injuries on four others. Hodges was driving a sports utility vehicle in I-295 in Jacksonville, Florida, when he lost control of the vehicle and flipped three times. There were 8 passengers inside the SUV, all of which were thrown from the vehicle. According to the report, the teens were heading to the beach, following their last day of school. Hodges was 15-years-old at the time of the accident. If you would like to read more details on this story please see Jacksonville teen sentences for fatal 2009 accident.

The deaths of these teens are a tragedy for their families and communities. Florida courts are having to rule on many cases involving the negligence of teen drivers. Florida courts have jurisdiction to impose criminal sanctions on teen drivers for their involvement in automobile accidents. Teens need to take their driving responsibility seriously, otherwise they could face serious consequences.

In Florida, children often spend time and visit with grandparents, aunts, uncles, cousins, other relatives, and friends. Unfortunately, child injuries often take place when a child is away from home and visiting family or friends in another person's home. When an injury takes place, there are often questions and issues to address including the following:

Who is legally responsible for the injuries?

Who is legally responsible for the medical bills?

What insurance would cover the medical bills and other damages?

Is there immunity under Florida law for a grandparent, aunt, uncle, cousin, or other relative?

What are the legal rights of the child?

What are the legal responsibilities of the homeowner? child care provider? relative?

In Florida, a grandparent and other non-guardians of the child do not have immunity for personal injuries that are caused by negligence. Many people would find it disturbing to file a claim against a grandmother, aunt, uncle or other parent; however, many parents and guardians of children do not have much of a choice when faced with mounting medical bills and the need for medical care of a child following a serious personal injury. In most cases, the claim or case is pursued against the homeowner's insurance for the grandparent or other relative. Homeowner's insurance is in place to cover incidents like fire and other damages to the home. In addition, homeowner's insurance is in place to cover medical bills and other related damages should a person (like a child) suffer an injury in the home as a result of the negligence of another person.

Ultimately, the choice to pursue a case or claim against a homeowner's insurance policy is up to the parent or guardian of the child. This can be difficult decision especially when the accident or incident takes place at another family member's home. A Florida Child Injury Lawyer can help advise a parent as to the legal rights of the child and what resources and insurance are available for the benefit and care of the injured child.

The book titled The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Homeowner's Insurance, Dog Bites, Automobile Accidents, and other topics. In the Homeowner's Insurance section of the book, you can read about coverage for accidents or incidents that take place at the home and coverage for incidents that take place outside of the home. Yes, some homeowner's insurance policies will provide coverage for negligent acts even if the incidents take place at a location different than the home covered under the Florida homeowner's insurance policy. You can receive a free copy of this child injury book by clicking here.

State and private facilities for developmentally delayed children should be safe havens for the children where they are supervised for by professionals and child care providers acting in the best interest of the children. Unfortunately, some children are abused and neglect in these facilities in Florida and other states. It was reported that employees from O'Carroll Homes in Palatka (Putnam County) Florida burned a developmentally disabled child with an iron. Various agencies including the Palatka Police Department and the Florida Department of Children and Families investigated this incident. Five people were arrested regarding this incident. It was reported that one employee burned the child while another held the child's legs. You can read more about this story at Employees Charged with Crimes Involving a Developmentally Disabled Child Who Was Burned at the O'Carroll Homes Facility in Palatka Florida.

Seven children were injured while riding a bus on their way to school. According to Florida Highway Patrol troopers, a truck ran a red light and hit the school bus around 8 a.m. After striking the bus, the truck then caught fire, which was immediately put out. The collision happened while the bus was on its way to drop the children off at Escambia High School; there were 47 students on board. Seven of the 47 students on board were sent to Sacred Heart hospital, the driver was transported to Baptist Hospital. All their injuries were considered non-life-threatening.

Florida drivers need to pay attention and keep their focus on the road. This is especially true during morning and afternoon commutes when traffic conditions are heavily populated. During these times there are more automobiles on the road and, thus, chances for getting into an accident with another vehicle increase. If you would like to read more details on this accident please see Seven student passengers sent to hospital after truck hit school bus in Escambia County, Florida.

In Jacksonville, Florida, it was reported that Ian Sean Gordon (age 29) was recently given a life sentence for his heinous acts and crimes against a 15 year old girl. Gordon entered a guilty plea to the criminal charges of trafficking. Court documents indicated that Gordon gave the girl drugs (crack cocaine) and transported and supervised the child in various sex acts of prostitution. Profiting off of the abuse of a child is certainly immoral and worthy of a life sentence in prison. The case was prosecuted by the United States Attorney's Office.

Ian Sean Gordon is guilty of these crimes. In addition, any persons who may have helped Gordon or who had sex or abused the child are also guilty as well. Ian Sean Gordon did not abuse this child on his own.

It is most unfortunate that headlines were made in Jacksonville, Florida of these crimes. Fortunately, law enforcement and prosecutors successfully prosecuted this man who will no longer be a threat to society or children in the future. See Child Sex Trafficker Ian Sean Gordon Sentenced to Life in Prison.

Jackie Scannell, a 6th-grade teacher at River Springs Middle School in Orange City, Florida, gave her 132 sixth-graders a wonderful homework assignment in 2010. Scannell told the middle schoolers back in October 2010 to complete a project by early December and report back to Scannell. The assignment: to do a random act of kindness. The goal of the assignment was to teach the children how good it feels to pay it forward. The focus of the lesson was about giving and the intrinsic rewards it brings. The acts the students engaged in were astonishing and very humbling, said Scannell. Brenden Adams, 12, delivered homemade cookies to the nurses and flowers to a lonely patient at Florida Hospital Memorial. Brenden said he thought about how hard the nurses work to care for all their patients. Michael Wheaton and his stepfather smoked 44 turkeys that were sold at a community fundraiser for a leukemia patient. The turkeys raised $700, which went towards the man's medical bills. Amanda Gonzalez visited a local nursing home where she sang to patients. Taliyah Meyers spent time with her friends 4-year-old autistic brother and produced a video to promote awareness about autism. Marcus Colon helped feed the homeless at a local church, a project Marcus now plans to make a monthly commitment.

Scannell is hoping the intrinsic rewards the middle schoolers received by helping others carries over a lifetime tradition of doing good for others. The early people start giving the easier it is to make it a part of their life. If you would like to read more about these remarkable children please see Middle school assignment has children doing remarkable acts of kindness.

A 93-year-old man died after the motorcycle he was riding crashed into a parked van. The man was identified as Gordon Couchene and the collision occurred in the Barefoot Bay mobile home community. According to police, Couchene was riding a Yamaha motorcycle and was not wearing a helmet. The driver of the van, 37-year-old Lynn Bedus had parked her van at the end of the retirement home community while she was waiting on a school bus to arrive. No charges will be pressed regarding this Florida motorcycle accident and it is still unknown to police why Couchene ran into the van. If you would like to read more about this story please see 93-year-old man's life is taken in motorcycle accident.

The death of this man is a tragedy for his family and community. Driving automobiles and riding on motorcycles can be very exciting and invigorating, but also very dangerous. One way to prevent sustaining serious personal head injuries or other severe head injuries while driving or riding motorcycles is to wear a helmet. Although Florida law does not require motorcycle drivers to wear a helmet if there is proper insurance for medical bills in place, helmets have been proven to save lives. In addition, avoiding motorcycle rider distraction and driver distraction can help prevent accidents as well.

A fatal crash involving 7 people has left a Palm Bay, Florida couple and their pet dog dead. Authorities are still investigating the crash, specifically why a semi-tractor trailer driver failed to slow down at a closed exit on Interstate 95. Kim Montes, a spokeswoman for the Florida Highway Patrol, say full responsibility for the crash falls on the semi-tractor trailer driver. Montes also pointed out, that because of ever-changing road conditions, such as detours, pre-planned closures or other road construction, including sudden events, drivers should always pay attention. And, although the same trip of I-95 has seen 3 other accidents in recent days, the road construction does not appear to be a factor in the collisions - it is driver inattentiveness.

In addition to the Palm Bay couple, identified as Todd and Marcy Olthoff, both 48, and their pet dog who died, 2 other people sustained serious personal injuries. Sandra Keen, 72, and her passenger Phillip Keen, 74, were both transported to Holmes Medical Regional Center in Melbourne, Florida - both remain in critical condition. Another man involved in the crash, 35-year-old Filbert Delva who was driver a 2001 Ford F150, sustained minor personal injuries. Delva was treated and released at Palm Bay Community Hospital. The driver of the semi-tractor trailer was identified as Eduardo Avila, 38, of Miami Lakes, Florida. According to officials, Avila was not badly injured and although blood samples were taken no charges have been filed. If you would like to read more details on this tragic collision please see Deadly crash on I-95 kills Palm Bay couple and their pet dog, others sustain serious and minor personal injuries.

Thanks to tips by a whistle blower, two men have been arrested and charged with assaulting teenagers in a church. The two men arrested are 56-year-old Paul Keith Groover and 45-year-old Darrell Vincent Moore, both pleaded not guilty to the sexual assault charges against them. According to officials, Groover's father is a church leader at Greater Refuge Temple. Arrest warrants reveal that Groover is accused of molesting a boy for several years and texted the boy locations inside the church to meet him for sex. Moore is accused of raping several girls, including one at knife point. Both men are also charged with sexual battery, Moore is also charged with lewd and lascivious conduct. The reasons for the whistle-blower coming forward are unknown.

The men charged with these crimes will be entitled to the services of a Florida criminal defense lawyer or the services of the public defender's office if they cannot afford to hire or retain a private attorney. It will be interesting to see what evidence supports the case other than the testimony of the whistle blower. It will also be interesting to see if other members or officials of the church knew or should have known of the alleged acts committed against these children.

Child abuse, both physical and sexual, can go on for several years. The consequences of this reprehensible conduct can last a lifetime for a victim. It is important for those who know or have suspicions of child abuse to come forward and reveal the conduct to local authorities. Going to your local police agency will prompt a criminal investigation and top the abuse. If you would like to read more on this story please see 2 men arrested for sexual assault on children in church.

In Florida and the rest of the United States, there is a constitutional right to bear arms; however, the States have power to regulate and control the possession and ownership of guns when it comes to permits and safety around children. Some gun advocates may argue against these rules and regulations. If properly followed and enforced, Florida gun safety regulations can and do save lives. Unfortunately, guns frequently are accessible to young children with poor safety awareness. A gun is seen as more of a play thing than a weapon in the hands of a child. Whether the child pulls on the trigger or is just exploring or examining the gun, accidents do happen when children handle guns with no adult supervision. It is important for parents and gun owners to know the Florida laws regarding gun ownership, possession, and storage. The Sheriff of Fort Myers has a good reference for parents and gun owners to review. See Frequently Asked Questions About Gun Ownership and Possession.

Accidental shootings take place when there is carelessness and a lack of safety precautions in place. Children, teens, young adults, and adults alike can act in a careless manner. The recent death of Ashley Cowie illustrates the dangers of guns in the hands of young adults who do not follow safety precautions. Ashley died when a Florida State University Student was showing his gun to friends at a fraternity house. See
Ashley Cowie Dies from Accidental Shooting in Tallahassee - Dangers of Firearms and Importance of Safety Precautions.

Bringing a gun out at a college party where there is frequently the consumption of alcohol is just a bad and dangerous act. Furthermore, guns are not toys or show pieces to be displayed or exhibited at a whim. Guns should be safety locked up and only taken out for cleaning and / or use under a controlled and safe environment.

When there is an accidental shooting, a claim may be pursued under a homeowner's policy of the gun owner or the gun owner's family home. In addition, claims can be pursued against general liability policies of businesses and / or organizations. Some insurance policies may have a gun liability exclusion. Because of the intricacies of civil cases, insurance claims, and insurance policies, it is helpful to have a Florida Child Injury Lawyer review the facts and documents to determine the appropriate course of action when a person is injured or dies as a result of the negligence gun shooting incident.

In Florida, there are numerous waterways and pools in most neighborhoods. Some waterways are small canals that are in the back yard of thousands of homes. The unpredictable depth and bottom of canals make them very dangerous to children and inexperienced swimmers. Furthermore, the murkiness or cloudiness of the water make it difficult to find a child who is under water or submerged. In Broward County - Fort Lauderdale, Florida, it was reported that an 8 year old child suffered life threatening injuries in a drowning incident that took place behind the Tennis Court Apartments located on Northwest 19th Street. It was reported that two small boys were playing when (for some reason) both children ended up in the water. One boy came out safely, The other boy was reported to have been under water for over 10 minutes.

An unfenced water way to unsupervised children can be just as dangerous as a busy road. While it is difficult to keep an eye on a child at all times, safety precautions in the form of fences and signage can help deter children from playing in dangerous areas like near canals. Children have poor safety awareness and the simple act of jumping into or wading into the canal may have seemed like harmless fun to the boys. You can read more about this story at Boy Clings to Life After Being Pulled from Canal in Broward County, Florida.

Kimberly Brabson III, a former girls' swim coach at Tampa Preparatory School was sentenced to 5 years incarceration followed by 5 years of probation after Brabson pled guilty to secretly videotaping team members as they changed into swimsuits. State prosecutors said the videotape had more than 21 incidents occurring between January and September 2005 of 19 females in various stages of undress. Hillsborough Circuit Judge Chet A. Tharpe, who sentenced Brabson, ordered the tapes destroyed.

Brabson pleaded guilty to 10 counts of misdemeanor voyeurism. In exchange for Brabson's guilty plea, the state dropped dropped 19 felony counts of promoting a sexual performance by a child. Although Brabson's conduct is disturbing and immoral, prosecutors say the videotaping did not meet the legal requirements of the felony charge. Most of the victims and families impacted by these horrible acts were pleased with Brabson's sentence. Some were pleased just because they were tired and ready to end the 4-year lawsuit while others were happy for the case to end so their lawsuits against the school could be further pursued. If you would like to read more on this story please see Former Tampa Preparatory School swim coach sentenced after pleading guilty to voyeurism.

Brabson's tapes were discovered after two students made complaints to school officials. Brabson was suspended and school officials contacted local police. It is important for victims to come forward and tell someone about the abuse they have suffered. Also, if you suspect someone is abusing others, you should contact local authorities and report the abuse immediately.

In Palm Bay, Florida, a 5 year old boy (Jahvon Harrington) and his family are dealing with the aftermath of a dog bite attack on Javon by a Pit Bull dog named Blue Sky. It was reported that the boy was playing with the dog when the dog then attacked the boy. Palm Beach police is investigating the incident and the Florida Department of Children and Families is also participating into this dog bite investigation. The dog is owned by Jahvon's babysitter. Blue Sky the Pit Bull dog apparently grabbed Jahvon by the head with his strong jaws and then shook Jahvon. The attack traumatized and crushed the facial bones surrounding one eye and tugged and ripped a portion of Jahron's ear. See Palm Bay Florida 5-Year-Old - Jahvon Harrington - Suffers Facial Personal Injuries in Pit Bull Dog Attack.

Florida has laws in place that provide a cause of action for dog bite victims like Jahvon Harrington. In particular, Florida has strict liability for dog bites. In other words, a dog owner is liable for the injuries caused by a dog regardless of the dog's prior history, knowledge of the dog owner of the dog's dangerous propensities, or negligence of the dog owner. While there are some exceptions to Florida's strict liability law, dog owners are generally liable for the damages, medical bills, and pain / suffering associated with a dog bite.

Dealing with the aftermath and stresses of a dog bite to a child can be very stressful to the parents responsible for the medical bills and care of the child. <u>The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Dog Bites, Medical Bills and Medical Treatment, Damages / Compensation and other issued faced by the parents of an injured child. A free book can be requested at Free Child Injury Book.

A 45-year-old man of DeLand, Florida was sentenced to 15 years in prison for raping a 12-year-old girl. Antonio Hernandez pleaded no contest to both charges of sexual battery and lewd and lascivious molestation. Hernandez was sentenced by Circuit Judge James Clayton to 15 years in prison, as well as 15 years of sexual offender probation after Hernandez's prison term is served. According to the investigators, the attack occurred while the child was walking near her home. Hernandez called the girl over and claimed he had some items that belonged to her inside his home and when the girl tried to leave, Hernandez attacked.

Rape is not only a physically violent crime, but also physically invasive and psychologically damaging to its victims. This man was charged with both criminal charges regarding the rape and sexual predator charges. Minors have rights just like adults. If you would like to read more on this story please read Man of DeLand, Florida sentenced to 15 years in prison after raping minor female.

A Tampa teenager was shot in the head during a late-night party at a Tampa apartment complex, the Waterford Apartments on Waters Avenue. According to the Hillsborough Sheriff's Office, over 200 people were in attendance at the party that took place in the apartment complex's clubhouse. The teenage victim was identified as 19-year-old Eric Allen of Wesley Chapel, Florida. Allen was coherent, alert and able to speak to police after he was transported to the hospital. However, Allen was unable to tell deputies who shot him. According to detectives, someone started firing shots into the ceiling while inside the clubhouse. Most party attendees fled the scene after the shots were fired. If you would like to read more on this incident please see Tampa teen shot in head at apartment complex party.

Firearms are extremely dangerous weapons when fired by a person with poor judgment, poor safety awareness, or with the intent to harm others. Firearms should only be used under proper supervision and in places designated safe for shooting (e.g., a shooting range). The person responsible for firing the weapon in this apartment complex should be charged both criminally and civilly. Civil damages should include payment for the victim's hospital expenses and personal injuries.

The intelligence of a dog is tested by a canine's ability to learn, think, and solve problems. There is much debate over canine intelligence because many people confuse a dog's obedience and genetic characteristics for the animal's intelligence. Some breeds such as German Shepherds, Labrador Retrievers and Golden Retriever are thought of as highly intelligent because of their high level of obedience. However, other breeds, such as sled dogs and sight hounds demonstrate intelligence in other ways - shown by their specific training abilities. Dogs are highly capable animals and can learn behaviors quickly. Some dogs are trained to hunt, others to fight. What is important is that dogs inherently have a high capacity to learn basic obedience and complicated behavior. Although some dogs are quicker learners than others, each owner must be patient with their canine when teaching obedience.

If you have children and dogs, it is important to teach your dog obedience. Regardless of your dogs level of intelligence, if you, as an owner, have patience and teach your dog how to be obedient and bey commands, your child will be better protected from unexpected dog bites or other attacks. If you would like to read more on dog obedience and intelligence see Dog Obedience and Canine Intelligence.

Pursuant to Florida Statute, Title XLV, Chapter 767 - Damage by Dogs, Section 767.12 - Classification of dogs as dangerous, dogs that have inflicted injury or other harm upon others or another's animal will have to undergo an investigation by any animal control officer or enforcement to determine whether or not the dog should be classified as dangerous. During the investigation, if the dog is not impounded, the dog must be humanely an safely confined by the owner in a securely fenced or otherwise enclosed area.

Within 14 days after a dog is deemed dangerous by a showing of sufficient cause, the owner of the dog must obtain a certificate of registration for the dog from the animal control authority where the dog resides - this certificate must be renewed annually. Certificates are only issued to persons 18-years-old and older and who present to the animal control authority sufficient evidence proving:
- a) the dog has had its rabies vaccination;
- b) the residence of has a proper enclosure for the dog and has warning signs at all entry points of the residence so as to provide notice to both children and adults of the dogs presence;
- c) permanent identification of the dog, either by tattoo or electronic implant.

Also, the owner of a dog classified as dangerous must notify the appropriate animal control authority when the dog has:
- a) become loose or unconfined;
- b) bitten a human being or another animal;
- c) been sold, given away or dies;
- d) been moved to another address.

When a dangerous dog is removed from its mandated enclosure the dog must be muzzled and restrained by a substantial leash or cord that is controlled by by a competent person.

Exemptions:

1. An investigation will not be conducted if a dog attacked a person while said person was unlawfully on the property of the dog or its owner, the dog was protecting its owner from unlawful attack, the dog was being provoked by said person or the dog was protecting a person other than its owner from unlawful attack.

2. Hunting dogs are also exempt so long as the dog is engaged in any legal hunt or training procedure.

A 6-year-old boy of Temple Terrace, Florida, was brutally stabbed by his own father while the child's family was setting off celebratory fireworks. According to authorities, the father, identified as Xavier Dequan Thomas Sr., 23, stabbed his son more than 20 times then threw the child's body over a 6-foot fence into a wooden area, leaving his son for dead. After stabbing his son, Xavier Jr., the father returned the party as if nothing had happened. Xavier Sr. was arrested shortly after the horrendous incident occurred and now faces a charge of attempted murder, according to jail records. The child sustained personal injuries to his back, check, neck and arms. Although his liver was lacerated, his personal injuries were described punctures which were non-life-threatening.

Family members describe the father as mentally ill. Xavier Sr., has been in and out of mental health facilities for years. On the day he attacked his son, Xavier Sr. asked his sister, Terenesha Thomas, to spend time alone with his child. Because Xavier Sr. seemed sincere, he was allowed alone time with his son. Approximately 30 minutes after the father-and-son duo walked off together, Xavier Sr. returned alone. Thomas went searching for the child but before deputies could find him, the child came staggering out of the wooded area where he was left for dead covered in blood - he identified his father as the attacker. If you would like to read more on this incident as well as a brief overview of the father's mental health history please see Father brutally stabs son more than 20 times in Temple Terrace, Florida.

In order to protect children from mentally unstable parents, children should be constantly supervised while visiting parents with such conditions. Having supervised visitation will allow a mentally disabled parent to see their child but also keep the child safe from harm's way.

Pursuant to Section 5-66 (Biting Without Provocation; Dangerous or Rapid Dogs) of the Flagler County Code of Ordinances provides as follows:

In the event that a dog bites a human being without provocation, the dog shall be confined under the authority of the animal control officer of the county, at the owner's expense, pending the completion of an investigation of the incident. Dogs confined under this provision which are deemed to be dangerous or rabid will be dealt with according to the applicable laws of the state. Such action shall be at the owner's expense.

The Flagler County Code of Ordinances adopt Florida Statutes Sections 767.10 through 767.16 as the authority by which a dog is classified as a dangerous dog for Flagler County. You can read these statutes at the Official Website for the Florida Statutes - Chapter 767.

If the Flagler County, Florida - Animal Control, determines a dog qualifies or constitutes a dangerous dog, then notice will be provided to the dog owner and a hearing will be conducted to determine the appropriate placement and control of the dog AND / OR to determine if the dog should be impounded, sterilized, classified, and / or destroyed.

It is vital that the dog owner take responsibility and attend the hearings if the dog owner has an interest in saving the animal and also protecting his neighbors and the general public from the potential harm of the "dangerous dog".

Florida law does not require the classification of a dog as a "dangerous dog" in order to pursue claim or a case for dog bite injuries. In fact, there is no requirement that Animal Control take any action for a person to pursue a case for medical bills, medical treatment, pain and suffering, and related damges for a dog bite injury. See Florida Dog Bite Statute - There is Teeth to this Florida Law - Rights of Injured Children and Adults.

Whether a dog is classified as a dangerous dog or not, it is vital that dog owners maintain control of their dogs for the protection of others. This would include consistent use of leashes and a secure backyard and / or front yard with appropriate fencing. In Florida, a dog bite victim typically need only prove that a dog bite took place.

There is no requirement that the dog bite victim prove the dangerous history or propensities of the dog. Even if this was the dog's first bite every, the dog bite victim can pursue a cause of action against the dog owner for the related damages and injuries.

The Florida Times Union has reported that Ashley Cowie, age 20, died recently from an accidental shooting at an off campus fraternity house in Tallahassee, Florida. It was reported that Evan Wilhelm, age 20 from Ponte Vedra, Floprida was showing his friends at the Lambda Chi Alpha fraternity house his rifle when it then accidentally discharged and hit Ashley Cowie and Keith Savino. Ashley Cowie was hit in the chest and died at the scene of this most tragic incident.

While we as American citizens have a right to bear arms or own firearms, we also have a responsibility to act with caution and safety. "With great power comes great responsibility." Fraternity parties, where there is typically drinking and horseplay, is no place for a firearm and really an inappropriate time to pull out a weapon to show friends. While there does not appear to be any malicious intent by Evan Wilhelm by any means, a better course of action would have been to have kept the firearm locked away and only brought out for safe cleaning and maintenance or for transport / use at a shooting range. Otherwise, keep the gun safeguarded at all time.

The death of Ashley Cowie is a great loss for the family, her friends, the Orange Park / Clay County community, and the FSU / Tallahassee community. A detailed investigation will be conducted to determine all the facts and circumstances of this tragedy. See FSU Student from Orange Park Killed in Fraternity Shooting.

A head-on collision occurred in Jacksonville, Florida at the busy intersection of San Jose Boulevard and University Avenue. Four people were injured in the collision. Although the Jacksonville Fire-Rescue Department say the victims' personal injuries were non-life-threatening, a pregnant woman had to be cut out of one of the vehicles by police and other personnel. Each victim was taken to Shands Jacksonville Medical Center, neither the victims' names nor their conditions were released. However, JFRD did state that the fact the one of the victims was a pregnant woman did concern the department. The collision closed the southbound lanes of San Jose Boulevard for about one hour. If you would like to read more on this topic please see Jacksonville Fire-Rescue Department cut pregnant woman out of vehicle after she was involved in head-on collision.

It is important to seek legal representation if you are involved in a serious car collision such as a head-on collision. After these types of terrible, and sometimes fatal, accidents occur, police will conduct an investigation to determine the cause of the collision and who was the culpable party. After causes and fault are determine the innocent bystanders will be able to go after the culpable party for damages, both monetary and equitable. By hiring a Florida Personal Injury Lawyer as representation for you automobile accident case, you are protecting your rights as well as increasing your chances for receiving maximum recovery for your personal injuries, pain and suffering, lost wages, etc.

The trip seen around the world . . . . This could refer to the actions of Sal Alosi who was working as the strength coach for the New York Jets of the NFL. During a 2010 game with the Miami Dolphins, Coach Alosi learned into a player and deliberately tripped the player. At least, Coach Alosi quickly admitted to the wrongful conduct. Thereafter, he was suspended and fines were imposed for this conduct that has been played over and over on television and on the Internet. Coaches can use this incident as a teaching tool to players and parents alike. Sportsmanship is an element in professional as well as youth sports that is often times ignored or placed in the back seat to the goal of winning or getting that extra competitive edge. Parents should keep in mind that playing in youth sports is more of an education and experience rather than a means to play college or professional level sports. Coaches and parents have a unique ability to mold the minds and actions of children through organized sports. Keep sportsmanship and life lessons in mind at all times.

The New York Jets were fined $100,000 by the league for Coach Alosi's trip that has been seen around the world. This was one expensive lesson learned about sportsmanship in professional sports. See NFL Fines Jets $100, 000 Over Coach Who Tripped Dolphins' Player.

Section Section 6-47 (Dangerous Dogs) of the Nassau CountyCounty Code of Ordinances sets for the procedures by which Nassau County (Florida) Animal Control classifies dangerous dogs for the county. As noted in this Section, the dangerous dog investigation will be conducted by Nassau County Animal Control. Nassau County adopted by reference the Florida Statutes on point which are located under Chapter 767, Florida Statutes.

If the Nassau County, Florida - Animal Control, determines a dog qualifies or constitutes a dangerous dog, then notice will be provided to the dog owner and a hearing will be conducted to determine the appropriate placement and control of the dog AND / OR to determine if the dog should be impounded, sterilized, classified, and / or destroyed.

It is vital that the dog owner take responsibility and attend the hearings if the dog owner has an interest in saving the animal and also protecting his neighbors and the general public from the potential harm of the "dangerous dog".

Florida law does not require the classification of a dog as a "dangerous dog" in order to pursue claim or a case for dog bite injuries. In fact, there is no requirement that Animal Control take any action for a person to pursue a case for medical bills, medical treatment, pain and suffering, and related damges for a dog bite injury. See Florida Dog Bite Statute - There is Teeth to this Florida Law - Rights of Injured Children and Adults.

Whether a dog is classified as a dangerous dog or not, it is vital that dog owners maintain control of their dogs for the protection of others. This would include consistent use of leashes and a secure backyard and / or front yard with appropriate fencing. In Florida, a dog bite victim typically need only prove that a dog bite took place.

There is no requirement that the dog bite victim prove the dangerous history or propensities of the dog. Even if this was the dog's first bite every, the dog bite victim can pursue a cause of action against the dog owner for the related damages and injuries.

Section Section 4-17 (Definitions) of the Clay County Code of Ordinances defines a dangerous dog / dangerous animal as follows:

Dangerous animal means any animal that according to the records of the department of animal control:

(a) Has aggressively bitten, attacked, or endangered or has inflicted severe injury on a human being on public or private property;

(b) Has more than once severely injured or killed a domestic animal while off the owner's property;

(c) Has been used primarily or in part for the purpose of dog fighting or is a dog trained for dog fighting; or

(d) Has, when unprovoked, chased or approached a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, provided that such actions are attested to in a sworn statement by one or more persons and dutifully investigated by the department of animal control.

The procedure for classifying a dog as a dangerous dog in Clay County, Florida is spelled out in Section 4-33 (Procedure for classifying dangerous dog) in the Clay County Code of Ordinances.

If the Clay County, Florida - Animal Control, determines a dog qualifies or constitutes a dangerous dog, then notice will be provided to the dog owner and a hearing will be conducted to determine the appropriate placement and control of the dog AND / OR to determine if the dog should be impounded, classified, or destroyed. There is actually a section devoted to the issue of destruction of the animal under Section
4-34 (Determination to destroy dog).

It is vital that the dog owner take responsibility and attend the hearings if the dog owner has an interest in saving the animal and also protecting his neighbors and the general public from the potential harm of the "dangerous dog".

Florida law does not require the classification of a dog as a "dangerous dog" in order to pursue claim or a case for dog bite injuries. In fact, there is no requirement that Animal Control take any action for a person to pursue a case for medical bills, medical treatment, pain and suffering, and related damges for a dog bite injury. See Florida Dog Bite Statute - There is Teeth to this Florida Law - Rights of Injured Children and Adults.

Whether a dog is classified as a dangerous dog or not, it is vital that dog owners maintain control of their dogs for the protection of others. This would include consistent use of leashes and a secure backyard and / or front yard with appropriate fencing. In Florida, a dog bite victim typically need only prove that a dog bite took place.

There is no requirement that the dog bite victim prove the dangerous history or propensities of the dog. Even if this was the dog's first bite every, the dog bite victim can pursue a cause of action against the dog owner for the related damages and injuries.

Florida dog bite victims have rights that are specifically set forth in Chapter 767, Florida Statutes. Unlike Florida's laws relating to automobile accidents and other types of injuries, dog bite victims in Florida can pursue a claim or case for injuries and damages without the requirement of proving fault or negligence on the part of the dog owner. A dog bite victim need only prove that the he or she was bitten by a dog.

Section 767.01, Florida States - (Dog owner’s liability for damages to persons, domestic animals, or livestock) states that:

Owners of dogs shall be liable for any damage done by their dogs to a person or to any animal included in the definitions of “domestic animal” and “livestock” as provided by s. 585.01.

The important language in this section is "shall be liable". Statutes are purposely constructed and the words "shall be liable" are strong language that pins liability on the dog owner for damages and injuries related to a dog bite incident in Florida.

Section 767.04, Florida Statutes (Dog owner’s liability for damages to persons bitten) states that:

The owner of any dog that bites any person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, is liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owners’ knowledge of such viciousness.

As stated in Section 767.04, Florida Statutes, a dog bite victim does not have to prove that the dog had bitten in the past or had exhibited any dangerous behavior or propensity to bite or attack in the past.

When a person assumes the responsibility to own and care for a dog in Florida, there is a risk of liability when the dog bites another person without any notice or expectation that the dog will attack. Because of the strict Florida laws in place, it is important for every dog owner to do his or her best to protect others from the unpredictable nature of dogs by making sure that the dog is leashed when off the property, that fences are keep in good order and repair, and that the dog is well cared for and fed. These simple acts will reduce the incidents of dog bites and protect others including children who often times are the victims of dog bite incidents in Florida.

Continue reading " Florida Dog Bite Statute - There is Teeth to this Florida Law - Rights of Injured Children and Adults " »

Shocking allegations and charges against day care providers may be enough to alarm parents about the potential dangers of day care centers. However, Childcare Resources based out of Birmingham, Alabama, notes that preparation is key to ensuring your child is placed in a safe learning environment.

A great way parents can give themselves a piece of mind is to do their own homework and research on prospective day care centers before settling on one. Also, while researching specific day care facilities, parents should make several unannounced visits at the facility during different hours of the workday. Another good tactic for parents to employ is to question other parents, who have their children enrolled in the day care center to determine. Other parents can provide their insight and honest opinions about the day care center including the center's strengths and weaknesses.
Most importantly, parents should take time to speak with the teacher, director and/or provider directly. Ask typical questions to learn their approach to children such as, “Why are they in this job? Why did they choose this career path?” Parents should also ask a few personal questions in order to learn a little bit about teacher, director, and child care provider. If you would like to read more on this topic please see Factors on picking the perfect day care center for your child.

After the death of 2-year-old Haile Brockington back in August 2010, the Early Learning Coalition of Palm Beach County, Florida, decided to take action and proposed enforcing stricter penalties against day care facilities that violate governmental regulations. Haile tragically died after she was left inside a van for more than 6 hours in Delray Beach, Florida - she was under the supervision of her local day care facility, Katie's Kids.

Warren Eldridge, executive director of the Early Learning Coalition, is pushing for a policy that would revoke state and federal assistance given to a day care center once the center was investigated by the Palm Beach Count Department of Health and deemed to be out of compliance with state regulations. The agency gives about $84 million each year to over 700 day care centers. Another proposed change is to notify parents when a center had committed Class 1 or Class 2 violations. Class 1 violations are the most serious violations, and include leaving a child unsupervised inside or outside of a day care facility.

A criticism of the proposed amendments is that the time between when the investigation is initiated and when the penalties are enforced is too long. Thus, another amendment has been suggested that would allow the agency to enforce the penalties and notifications to parents faster in certain circumstances. The goal of the whole plan is to reiterate to day care providers what is expected of them and ensure parents of their child's safety while attending day care. If you would like to read more on this topic please see Local Florida agency attempting to impose stricter penalties on those who violate state day care regulations.

Section 462.402, Definitions, of the City of Jacksonville (Duval County) Code of Ordinances, defines a dangerous dog as follows:

Dangerous dog means any dog whose actions, according to the records of the appropriate authority after investigation and provided such actions are attested to in a sworn statement by at least one person, meet at least one of the following:

1. On public or private property, including the owner's property, aggressively attacks, bites or endangers a human or inflicts severe injury on a human;

2. On public or private property, including the owner's property, attacks and bites another dog or other domesticated animal and causes severe injury or death to the dog or domesticated animal;

3. Is a dog trained for dog fighting or is being used or has been used for the purpose of dog fighting; or

4. Chases or approaches a human upon the streets, sidewalks or any public or private property in a menacing or threatening manner and in an apparent attitude of attack, when such human is conducting himself/herself peacefully and lawfully and is not provoking the dog.

Under the same section, severe injury is defined as any physical injury that results in one or more broken bones, multiple bites, or one or more lacerations requiring multiple sutures.

If the City of Jacksonville - Animal Control, determines a dog qualifies or constitutes a dangerous dog, then notice will be provided to the dog owner and a hearing will be conducted to determine the appropriate placement and control of the dog AND / OR to determine if the dog should be impounded, classified, or destroyed. It is vital that the dog owner take responsibility and attend the hearings if the dog owner has an interest in saving the animal and also protecting his neighbors and the general public from the potential harm of the "dangerous dog". See Section 462.404. - Classification of dog as dangerous; notice and hearing requirements; confinement of dog; appeal; registration requirements.

Florida law does not require the classification of a dog as a "dangerous dog" in order to pursue claim or a case for dog bite injuries. In fact, there is no requirement that Animal Control take any action for a person to pursue a case for medical bills, medical treatment, pain and suffering, and related damges for a dog bite injury.

Whether a dog is classified as a dangerous dog or not, it is vital that dog owners maintain control of their dogs for the protection of others. This would include consistent use of leashes and a secure backyard and / or front yard with appropriate fencing. In Florida, a dog bite victim typically need only prove that a dog bite took place. There is no requirement that the dog bite victim prove the dangerous history or propensities of the dog. Even if this was the dog's first bite every, the dog bite victim can pursue a cause of action against the dog owner for the related damages and injuries.

The body of Cody Allen Hayes, 22, of Frostproof, Florida, is scheduled to undergo an autopsy, although authorities believe the death to Hayes was caused by an accidental drowning. Hayes was canoeing on Lake Starr with his friend, 19-year-old Michael Paul Duey. The sheriff's office dive team was called to the lake after the canoe tipped over. Duey told officials that he was able to swim to shore, but Hayes had difficulty swimming in the cold water. Rescue divers found Hayes' body shortly after they were initially called to the lake. Neither Hayes nor Duey were wearing life vests. If you would like to read more on this story please see Young Florida man dies in Central Florida Lake.

The death of this young man is tragedy for his family and community. No matter one's age or ability to swim, life vests should alway be worn while participating in water-related activities, this includes relaxed environments like canoeing. Unexpected events and circumstances can occur that can inhibit a person's ability to swim to safety. Water at cold temperatures has the capability of freezing a person's body to a paralytic state, thus, making it difficult for those to swim. Please remember to always wear a life vest regardless of age or experience in swimming.

A recent survey revealed that children of today are consuming a considerable amount of Caffeine, something that pediatricians and other child experts may not consider a good thing. The University of Nebraska Medical Center conducted a survey by questioning more than 200 parents of children ages 5 to 12-years-old. The parents were asked how the types of beverages and snacks the children consumed on an average day. The results of the survey, which was published in the Journal of Pediatrics, revealed that children between 5 to 7 consumed approximately 52 mg of Caffeine per day; children between 8 to 12 consumed approximately 109 mg.

So how much Caffeine is considered too much for children? Unfortunately, the United States has no Caffeine guidelines but Canada suggests the following daily limits:
- 4-6 years: 45 mg per day
- 7-9 years: 62.5 mg per day
- 10-12 years: 85 mg per day
If you would like to read more on this topic please see Children and caffeine: How much is too much?

One significant consequence of children's overconsumption of Caffeine is that children are sleeping less. It is important for parents to be knowledgeable of the major sources
of caffeine. Click here to see a site that provides a database for the amount of Caffeine in several different foods and beverages.