Florida Child Injury Lawyer Blog

Pursuant to section 4-4 of the Sumter County, Florida, Code of Ordinances, incorporates Florida Statute sec. 767.12 in its dangerous animal statute to define a dangerous dog. A dangerous dog is a dog that:
1. Has aggressively bitten, attacked, endangered or has otherwise inflicted severe personal injury on a human being, whether on public or private property;
2. Has severely injured or killed a domestic animal while off its owner's property (more than once);
3. Has, when unprovoked, chased or approached a person upon the street, sidewalks or other public grounds in a menacing fashion or apparent attitude attack. These actions must be attested to in a sworn affidavit.

A dog will not be declared dangerous under the following situations:
1. The threat, injury or damage was sustained by a person who, at the time, was unlawfully on the property.
2. Or, while lawfully on the property, was tormenting, abusing, or assaulting the dog or its owner or a family member.
3. The dog was protecting or defending a human being from an unjustified attack or assault.

Specific to Sumter County, a dog may also be deemed dangerous if it has:
1. A propensity, tendency or disposition to attack, to cause injury to, or otherwise endanger the health and safety of human beings or other domesticated animals;
2. Attacked a human being or other domestic animal without adequate provocation;
3. Exhibits aggressive behavior or crease a reasonable apprehension of immediate injury (also without provocation);
4. Without provocation and because of the dog's temperament, conditioning or training, has a known propensity to bite or otherwise exhibits aggressive behavior causing injury to human beings or other domestic animals or creates a reasonable apprehension of immediate injury;

Once a dog has been deemed dangerous its owner must register the dog and obtain identification for the dog. The dog must also be confined in a locked, secure enclosure on the premises of its owner. The dog is not permitted to leave the premises unless the dog is and remains (1) locked in an animal carrier, (2) under the physical control of the owner, (3) securely muzzled, and (4) restrained by a chain of sufficient strength and not exceeding 3 feet in length.

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.

You can read more about the Florida Dog Bite Law at Florida Dog Bite Statute - There is Teeth to this Florida Law - Rights of Injured Children and Adults. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Dog Bite Injuries, Medical Bills and Treatment, Damages / Compensation, and other topics. You can receive a free child injury book at The ABCs of Child Injury. See also Florida Animal and Dog Bite Injuries at the Wood, Atter & Wolf Website.

Facebook can be a great tool and it can be great fun for teens and adults. Unfortunately, Facebook and other Social Media platforms can also be extremely dangerous in that child predators and others use Facebook to prey on children. There also have been many reports about bullying through Facebook and other acts that can and do harm children. It was recently reported that Disney took over the social network called Togetherville. This Social Media platform requires a parent to log on through a Facebook account and gives parents control over the child's use of Togetherville. You can find out more about Togetherville at the Official Website for Togetherville. See also Disney takes over social network Togetherville for elementary-school-age kid.

Lake County Florida designates a whole article of its Code of Ordinances for the classification, owner requirements, confinement, etc. regarding dangerous dogs. You can find all the information regarding a dangerous dog in Lake County under Chapter 4 - Animals, Article III - Dangerous Dogs and Animals of the Lake County Code of Ordinances. Pursuant to Article III, a dangerous dog cannot be classified as dangerous unless incidents have been reported, thoroughly investigated and confirmed. After a dog has been classified as dangerous, the owner of the dog must comply with the following requirements:
1. Upon the determination that the dog is dangerous, obtain a certificate of registration, which must be renewed annually;
2. Obtain a certificate of rabies vaccination and county tag;
3. Confine the dog in a proper enclosure and post warning signs at all the entry points on the premises where the dog is maintained that would inform both children and adults of the dog's presence; and
4. Obtain permanent identification of the dog either through a tattoo or electronic implantation. See Section 4-57 - Danger dog requirements, for more.

A dangerous dog is not allowed to be outside its proper enclosure unless the dog is muzzled, retrained by a substantial chain or leash and under the control of a competent person.

Lake County will not classify a dog as dangerous if the threat, injury or damage was sustained by a person who, at the time of the injury, was unlawfully on the dog owner's property or, while on lawfully on the dog owner's property, was tormenting, abusing or otherwise assaulting the dog or its owner or a family member. Another exception is made if the dog was protecting or defending a human being from an unjustified assault or attack.

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.

You can read more about the Florida Dog Bite Law at Florida Dog Bite Statute - There is Teeth to this Florida Law - Rights of Injured Children and Adults. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Dog Bite Injuries, Medical Bills and Treatment, Damages / Compensation, and other topics. You can receive a free child injury book at The ABCs of Child Injury. See also Florida Animal and Dog Bite Injuries at the Wood, Atter & Wolf Website.

Levy County distinguishes between "nuisance animals" and "vicious animals." The definition for both can be found in the Levy County, Florida, Code of Ordinances, Chapter 14 - Animals, Article II - Animal Control, Sections 14-35 and 14-36. Pursuant to section 14-35 - Animal creating nuisances, the owner of a dog which (1) habitually barks, wines howls or otherwise causes objectionable noises; (2) destroys or damages any property of another person or legal entity; (3) causes serious annoyances to a neighboring residence; (4) interferes with the reasonable use and enjoyment of the other person's property; (5) or is otherwise offensive will be classified as a nuisance animal upon investigation of a nuisance animal complaint. Pursuant to section 14-36 - Vicious animals, the owner of a vicious dog must be confined in a building or secure enclosure. The owner of a vicious dog who either willfully or through failure to exercise due care releases his or her dog or takes the dog out of its mandatory enclosure in a manner that is likely to cause injury to another person or damage to property of another person or legal entity, exposes their dog to being permanently confined or humanely destroyed.

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.

You can read more about the Florida Dog Bite Law at Florida Dog Bite Statute - There is Teeth to this Florida Law - Rights of Injured Children and Adults. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Dog Bite Injuries, Medical Bills and Treatment, Damages / Compensation, and other topics. You can receive a free child injury book at The ABCs of Child Injury. See also Florida Animal and Dog Bite Injuries at the Wood, Atter & Wolf Website.

A "dangerous dog" is defined under Section 14-32 of the Suwannee County Code of Ordinances, Chapter 14 - Animals. The definition falls under the term "dangerous animal" and includes any dog that has:
1. When unprovoked, bitten, attacked, endangered or otherwise inflicted severe personal injury onto a person when the dog was off its owner's property;
2. Injured or killed another animal while off its owner's property (more than once); or
3. Been used primarily or in part for dog fighting, or is trained for dog fighting.

A dog will be classified as dangerous only after a complete investigation has been conducted. A dog will not be classified as dangerous if the threat, injury or damage was sustained by a person who, at the time, was unlawfully on the property of the dog's owner, or, while lawfully on the owner's property, was tormenting, abusing or otherwise assaulting the dog.

All dogs classified as dangerous must be confined in a proper, humane enclosure. The enclosure must be approved by the proper authority, prior to its usage. It is unlawful fro the dog to be outside of its enclosure, except for exercise purposes or if the dog needs veterinary care. If the dog is to go outside its enclosure, the canine shall wear a properly fitted muzzle, be restrained by an adult capable of controlling the animal and shall be on a leash of such sufficient strength so as to restrain the animal. The leash cannot be more than 3 feet in length. The owner of a dangerous dog must also post visible warning signs on all entry points of the owner's premises on which the dog is maintained.

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.

You can read more about the Florida Dog Bite Law at Florida Dog Bite Statute - There is Teeth to this Florida Law - Rights of Injured Children and Adults. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Dog Bite Injuries, Medical Bills and Treatment, Damages / Compensation, and other topics. You can receive a free child injury book at The ABCs of Child Injury. See also Florida Animal and Dog Bite Injuries at the Wood, Atter & Wolf Website.

A dangerous dog is defined under the term "dangerous animal" located in Section 14-1 of Taylor County's Code of Ordinances. Pursuant to section 14-1 a dangerous dog is any dog that has:
1. Aggressively bitten, attacked, endangered or otherwise inflicted severe personal injury on a human being;
2. Severely injured or killed a domestic animal while off its owner property;
3. Been used primarily or in part for dog fighting or is trained for dog fighting; or
4. When unprovoked, bitten an animal or a human or has chased or approached a person in a menacing fashion or apparent attitude of attack.

Other pertinent definitions found under Section 14-1 are "unprovoked attack," which means an attack or bite where the victim has been conducting himself peacefully and lawfully and has been bitten or attacked; "severe injury," any physical or mental injury that results in broken bones, multiple punctures or disfiguring lacerations that requires sutures or cosmetic surgery.

Exceptions: See Section 14-172.
1. A dog will not be classified as dangerous if the dog inflicted personal injuries upon another animal which at the time was teasing, tormenting abusing or assaulting the dog.
2. A dog shall not be classified as dangerous if the threat of injury was sustained by a person who, at the time, was committing or attempting to commit a tort or crime upon the immediate family or owner of the animal.
3. If the person who sustain the threat of injury was committing a willful trespass upon the premises occupied by the owner of the dog; or who was teasing, tormenting, assaulting or abusing the dog or its owner.

After a dog is classified as dangerous, the dog must be either permanently confined to its owner's premises, temporarily impounded or humanely destroyed. If the dog remains with its owner it shall be confined in a proper enclosure (See Section 14-1 for definition of "proper enclosure"). Whenever the dangerous dog is outside of the enclosure, it shall be restrained by an adult capable of controlling the animal and shall be on a chain of sufficient strength which shall not exceed more than 3 feet in length. The owner of a dangerous dog must also display signs on his or her premises on which the dangerous dog is kept.

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.

You can read more about the Florida Dog Bite Law at Florida Dog Bite Statute - There is Teeth to this Florida Law - Rights of Injured Children and Adults. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Dog Bite Injuries, Medical Bills and Treatment, Damages / Compensation, and other topics. You can receive a free child injury book at The ABCs of Child Injury. See also Florida Animal and Dog Bite Injuries at the Wood, Atter & Wolf Website.

Jefferson County defines a "dangerous dog" in its Code of Ordinances, Chapter 8 - Animals, Article II - Dangerous Animals and Rabies Control, Section 8-21. Pursuant to Section 8-21 a "dangerous dog" is defined as a dog that has:
1. When unprovoked, bitten, attacked endangers or otherwise inflicted severe personal injury on a human being (whether on public or private property);
2. Injured or kill a domestic animal while off the owner's property (more than once);
3. When unprovoked, chased or approached a person upon public grounds (i.e., streets, sidewalks, etc.) in a menacing fashion provided these actions were attested to in a sworn affidavit; or
4. Been used primarily or in part for the purpose of dog fighting or is a dog trained for dog fighting.

Section 8-21 also defines "attack" as the act by any animal of approaching a domestic animal or person in such a manner that hostile contact with the other animal or a person occurs.

In Jefferson County, a dog shall be declared dangerous only after an investigation is conducted. After a dog has been declared dangerous, its owner can appeal the classification 10 days from the day of declaration. The owner or keeper of a dangerous or aggressive dog shall, within 14 days of the classification, obtain a permit to harbor the animal, which shall be renewed annually. The dog shall wear a red circular tag, issued to the owner, which shall be worn by the dog at all times. If a dangerous or aggressive animal escapes from its enclosure or is otherwise at large, its owner or keeper must notify animal services immediately. Notification is also required if the owner or keeper intends to change his or her address. All dangerous or aggressive dogs shall be confined in a proper and humane enclosure. The dog shall not be permitted outside the enclosure, unless the animal is wearing a properly fitting muzzle.

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.

You can read more about the Florida Dog Bite Law at Florida Dog Bite Statute - There is Teeth to this Florida Law - Rights of Injured Children and Adults. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Dog Bite Injuries, Medical Bills and Treatment, Damages / Compensation, and other topics. You can receive a free child injury book at The ABCs of Child Injury. See also Florida Animal and Dog Bite Injuries at the Wood, Atter & Wolf Website.

In North Florida, A1A is a popular and well traveled roadway for drivers, bicyclists, and pedestrians. A1A runs across many beach and tourist areas. Unfortunately, many pedestrians and bicyclists are injured while travelling on or near A1A in Florida. It was reported that a Georgia woman (Erica Crews) was recently hit by a car as she walked along the side of Florida A1A in Nassau County, Florida. Florida Highway Patrol responded to the scene of the accident. Ms. Crews was hit by a vehicle driven by Nacoa E. Ratchliff at approximately 2:00 a.m. on a Sunday morning. Ms. Crews was transported to Shands Jacksonville hospital with serious life threatening personal injuries. See Pedestrian in Critical Condition After Nassau County Florida Automobile / Pedestrian Accident.

Pursuant to Section 316.130 Pedestrians; Traffic Regulations - Florida Statutes, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle and give warning when necessary and exercise proper precaution upon observing any child or any obviously confused or incapacitated person. Pedestrians also have a duty of due care in the State of Florida. In some accidents involving pedestrians, there is comparative fault. In other words, the accident is the fault of more than one person.

In Florida and other States, bull riding events take place at rodeos and other exhibitions. While most rodeos are about competition and tradition, some are the site of serious personal injuries and even deaths. In Florida, it was reported that a 16 year old girl suffered injuries at 301 Rodeo which is located East of Tampa. Brooke was kicked in the chest after she was thrown off the bull. She was able to walk after the incident. She developed respiratory problems and then collapsed. She was transported to Tampa General Hospital where she died from the injuries.

It is quite tragic that a 16 year old life was ended as a result of this incident. Brooke was obviously a brave and adventurous girl. Her death is a great loss for her family and the community. You can read more about this story at Rodeo - Girl Suffers Life Ending Injuries as a Result of Bull Riding Incident in Florida.

Okaloosa County adopts and incorporates Chapter 767, Sections 767.10-.14, which concerns the designation, regulation and control of dangerous dogs, into its Code of Ordinances. All owners of dangerous dogs shall certify and register their dog, the registration certificates shall be updated annually at a fee of $100.00. The owner of a dangerous dog must also confine the dog in a securely fenced or enclosed resolution. If the owner violates this section the owner risks having his or her dog impounded.

Pursuant to section 5-26 of the Okaloosa County, Florida, Code of Ordinances, a bad dog is defined as any dog that bites, inflicts injury upon or otherwise attacks a person or another animal without provocation. A dog will also be deemed a "bad dog" if, when unprovoked, it approaches or chases any person in an apparent attitude of attack or in a vicious or terrorizing manner.

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.

You can read more about the Florida Dog Bite Law at Florida Dog Bite Statute - There is Teeth to this Florida Law - Rights of Injured Children and Adults. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Dog Bite Injuries, Medical Bills and Treatment, Damages / Compensation, and other topics. You can receive a free child injury book at The ABCs of Child Injury. See also Florida Animal and Dog Bite Injuries at the Wood, Atter & Wolf Website.

Pursuant to Section 18-37 of the Columbia County, Florida, Code of Ordinances, a dangerous dog is any dog that, according to a previous record, has:
1. Aggressively bitten, attacked, endangered or otherwise inflicted severe personal injury onto a human being on either public or private property;
2. Severely injured or killed a domestic animal while off its owner's property (more than once);
3. Been used primarily or in part for dog fighting or is trained for dog fighting; and
4. When unprovoked, chased or approached a person upon public grounds in a menacing fashion or apparent attitude of attack (these actions must be attested to in a sworn affidavit).

Columbia County also incorporates Florida's state statute sections 767.10-767.15. For more on those statutes please see Florida's official statutory website.

A dog in Columbia County can also be declared a nuisance under section 18-73. A dog can be a nuisance if the canine has:
1. defecated on property not belonging to its owner and is not immediately removed;
2. destroyed or removed personal items from property not belonging to its owner;
3. turned over garbage can on property not belonging to its owner;
4. chased or bitten children or adults;
5. carries rabies onto a property not controlled by its owner;
6. chased bicycles or other property not belonging to its owner;
7. destroyed clothing on clotheslines not belonging to its owner;
8. dug holes or destroyed gardens not controlled by its owner;
9. trespassed or eaten food not on its owner's property;
10. chased or killed other domestic animals including livestock not belonging to its owner;
11. barks excessively; and
12. runs at large not on its owner property.

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.

Escambia County, Florida defines a "dangerous dog" under Chapter 10 - Animals, Article I - In General, Section 10-3 "Dangerous or Vicious animal," of the Escambia County, Florida, Code of Ordinances. Section 10-3 defines a dangerous dog as any dog which bites or any manner attacks or attempts to attack or kill any person or other domestic animal. A dog will also deemed dangerous or vicious if it has been used primarily or in part for dog fighting or is trained for dog fighting. Escambia County exempts any dog from being declared dangerous if the attack or the attempt to attack occurred while any personal or other domestic animal was unlawfully on its owner's or keeper's premises.

Section 10-14 sets out the procedures and other requirements owners or keeps of dangerous dogs are to follow. The owner of any dangerous or vicious dog shall confine the dog in a proper, humane enclosure. Any owner or keeper who willfully violates this section is subject to civil penalties. Escambia County also incorporates the provision of Florida Laws under ch. 90-180. For more information of those Florida Statutes please see its homepage.

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.

A horrific car accident occurred on Indian Town Road near Interstate 95 in Palm Beach County, Florida. The incident occurred after an SUV, exiting I-95, crashed into a disabled car that was being pushed by three men around 1 a.m. According to Jupiter police, one of the men pushing the vehicle was died at the scene, the other two men were transported to the hospital in critical condition. The driver of the SUV and the two women inside the disabled vehicle sustained minor personal injuries. For more information about this Florida Automobile Accident, read Horrific car crash on Indiantown Road near I-95 kills one and personally injures five more. The death of this man is a tragedy for his family and community.

Drivers need to use extreme caution when exiting off an interstate and merging into traffic. Off ramps decrease a driver's scope of vision and can have a sharp turn. Obey the speed limit on the off ramp and drive with care. Also, negligent drivers may be responsible for the damages they inflicted upon their victims. If you have recently been involved in a car collision you should seek representation by a Florida Personal Injury Lawyer. Having representation will increase your chances of full compensation.

Augustine Delacruz, an 11-year-old boy of Oakland Park, was killed after he was hit while crossing Andrews Avenue, a busy local intersection. Augustine and three of his friends attempted to cross the busy street without using a crosswalk, 2 friends made it the other did not attempt to cross. Augustine was clipped by a pickup truck while he was in the median of the street. He lost his balanced and fell backwards into the path of two vehicles that could not stop in time in order to avoid a collision. Augustine was pronounced dead at the scene. All vehicles stopped and cooperated with the investigation. For more read 11-year-old boy dies after being struck while crossing busy street in Oakland Park.

The death of this boy is a tragedy for his family and community. Parents and guardians should teach their children the basic safety concerns of utilizing crosswalks if they leave near busy Florida streets and other roadways.

Marion County defines a dangerous dog as any domestic dog or hybrid breed, including but not limited to wolf hybrid and coyote hybrid, that has been declared dangerous by animal services after an investigation by animal services because the dog has, when unprovoked:

1. Aggressively bitten, attacked, endangers or otherwise inflicted seriously personal injury onto a human being who was lawfully on public or private property.
2. Killed a domestic animal or any livestock, or has injured the same more than once.
3. Been used primarily for dog fighting or is trained for dog fighting.
4. Chased or approached a person while of the premises of its owner in a menacing fashion or apparent attitude of attack. These actions must be attested to in a sworn affidavit by one or more persons and dutifully investigated. Please see Marion County, Florida, Code of Ordinances, Chapter 4 - Animal Control and Enforcement, section 4-2.

Other pertinent definitions of the Marion County Code of Ordinances include:
- "Attack." When an animal lunges at, runs after or otherwise chases or approaches a person or another animal, including livestock, and such event occurs in a threatening manner, which requires a defensive action by any person to prevent bodily injury, results in hostile contact or causes some type of injury.
- "Bite." A penetration to the skin with teeth and with blood appearing in the wound.
- "Severe Injury." Any physical injury that results in broken bones, multiple bites or disfiguring lacerations, sutures or reconstructive surgery, or any physical personal injury that results in life-threatening personal injuries or death.
- "Threatening or menacing behavior." Any aggressive behavior toward a human, another animal or livestock whether by barking, growing or charging, without provocation, where such action on the part of the aggressor creates a reasonable fear of immediate injury. An animal that is under "direct control" on it's property cannot be found to be threatening or menacing.
- "Direct Control." The immediate, continuous physical control of an animal by means of confinement (whether in a fence, house, building, pen or other enclosure) or by means of leash, cord, chain or similar tether of sufficient strength to restrain the animal.
- "Unprovoked attack." The victim was conducting himself or herself peacefully and lawfully when victim was bitten, chased in a menacing fashion or attacked.
NOTE: When a dog is attacked on the property of its owner by another dog that is off its owner's property, that attack will be presumed unprovoked absent clear evidence to the contrary.
- "Vicious dog." Any domestic dog of hybrid thereof that has inflicted severe injury on or killed a person; or has more than twice killed another domestic animal or any livestock while off its owner's property.

Once an investigation has been conducted and a dog is declared dangerous, the owner must obtain a certificate of registration for the dog from the animal control authority within 14 days after the declaration.

Exceptions: A dog shall not be declared dangerous
1. If an attack occurred while a person was unlawfully on the property of the dog's owner.
2. If the threat, injury or damage was sustained by a person unlawfully on the property of the owner or if lawfully on the property of the owner, was tormenting, abusing, or assaulting the dog or its owner or family member.
3. If the dog was protecting or defending a human being or another animal including livestock from an unjustifiable attack or assault.

Proper installation of child safety seats is a key factor in ensuring a child's safety while traveling. Many states are providing free inspections to inspect and verify the installation of your child safety seat.

Below is a list of 4 different choices and installations, each are different according to the child's age:
1. Infants (birth to at least 1-year-old and at least 20 lbs.)
For maximum protection for infants, keep them in the back seat in a rear-facing child safety seat. Use this method until the infant reaches the height and weight requirements of the particular seat. At a minimum, use this method until the child is at least 1-year-old and 20 lbs.

2. Toddlers (age 1-year-old & 20 lbs. and 4-years-old & 40 lbs.)
Once a child has outgrown his or her rear-facing child safety seat, the child should travel in a forward-facing child safety seat placed in the back seat of the vehicle. Use this method until the child reaches the particular height and weight requirements of the particular seat.

3. Children (ages 4 to 8-years-old)
Once a child outgrows his or her forward-facing seat, the child should ride in a booster seat in the back seat until the seat belts fits the child properly. A seat belt fits properly when the lap belt lays across the thighs and the should belt lays across the chest.

4. Seat belts
When children outgrow their booster seats they should wear a seat belt while sitting in the back seat. A child usually can wear a seat belt properly around 8-years-old and 4'9" tall.

Fore more information on this topic please see Proper installation methods of child safety seats.

Leon County defines a dangerous dog under section 4-26 of the Leon County, Florida, Code of Ordinances. Pursuant to sec. 4-26, a dangerous dog means any dog that has, when unprovoked,
a. Bitten, attacked, endangered or otherwise inflicted severe personal injury on a human being on public or private property;
b. Severely killed or injured another when off its owner's property (more than once);
c. Chased or approached a person upon any public grounds (e.g., streets and sidewalks) in a menacing fashion or apparent attitude of attack;
d. Acts a.-c. must be attested to in a sworn affidavit by one ore more persons and dutifully investigated; or
e. If the dog has been used primarily or in part for the purposes of dog fighting or is trained for dog fighting.
- "Severe injury" is defined as any physical injury that results in broken bones, multiple bites or disfiguring lacerations that requires sutures or reconstructive surgery.
- "Unprovoked" means the victim was conducting him/herself peacefully and lawfully when bitten, chased or otherwise attacked.

Dog owners in Leon County also have the duty to keep their canine from becoming a public nuisance. A dog owner or keeper who violates this section risks having their dog impounded or otherwise disposed of. See section 4-36. - Public nuisance prohibited.

A young boy has died after he was tragically hit by a pickup truck while riding his bicycle. Authorities identified the 10-year-old boy as Younique Miller of Port Charlotte, Florida. Younique was riding his bicycle a little before 6:30 p.m. when he was struck by a truck while he was trying to cross a paved driveway. The boy was instantly taken to Peace River Hospital but he was, unfortunately, pronounced dead shortly after. Younique was not reported to be wearing a helmet. The driver of the truck was identified as 26-year-old Jacqueline Leigh. Also inside the truck was an 8-year-old child. Neither Leigh nor her 8-year-old passenger sustained personal injuries in the accident. To read more on this story please see 10-year-old boy of Charlotte County, Florida killed after hit by truck while he was riding on bicycle.

The death of this young boy is a tragedy for his family and community. Florida drivers need to keep their attention and focus on the road at all times. Also, parents should teach their children to always wear a helmet while riding a bicycle. Helmets have been scientifically proven to save lives and reduce the risk of sustaining serious head injury or other personal injuries. To read more on helmet safety please read Importance of Bicycle Helmets to Child Safety.

Bradford County distinguishes between a "dangerous dog" and a "vicious dog." A dangerous dog is defined as any dog which has attacked, without being provoked, a person or other animal or any dog that has been trained to attack on command. A vicious animal, on the other hand, is defined as any dog which has made two or more unprovoked attacks on either persons or animals, or any dog which has inflicted serious bodily harm or serious personal injury onto a person. See section 10-31 of the Code of Ordinances of Bradford County, Florida.

Once a dog has been deemed dangerous by a department head (after a thorough investigation has been conducted by said department head), the official shall notify the dog's owner immediately. Within such order will be instructions on how to properly confine and restrain the dangerous dog. Noncompliance with this order will subject the dangerous dog's owner to penalties and possible seizure of the dog. You can read more about seizure and disposal of dogs in Section 10-41 of the Bradford County Code of Ordinances.

A fatal collision between a sports utility vehicle and a school bus occurred in Holiday, Florida during the school bus's morning commute around 8:30 a.m. The woman driving the SUV crashed head-on into the school bus, which was transporting about 38 students to Paul R. Smith Middle School. The woman died due to the personal injuries she sustained from the collision. The bus driver was reported to be in serious condition and 17 students were transported to hospitals. The Pinellas County Sheriff's Office is investigating the crash. For more read Woman dies after head-on crash with school bus.

The death of this woman is a tragedy for her family and community. Many fatal collisions in Florida occur during busy traffic commutes or unfortunate weather conditions. Florida roadways already have a lot of traffic, add a busy commute or unfortunate weather conditions and you have a recipe for disaster. Florida drivers must pay attention to and keep their focus on the road at all times. Florida drivers should also not engage in distracted driving behaviors such as talking or texting on a cell phone, eating or drinking or talking to other passengers while driving.

Pursuant to section 72.02 of the Code of Alachua County, Florida, the county distinguishes between an "aggressive dog" and "dangerous dog".

An aggressive dog is defined as a dog that has been declared aggressive by animal services because the dog has either injured or killed a companion while off its owner's property. See section 72.02.

A dangerous dog, on the other hand, is a dog that has been declared dangerous by animal services because the dog has:
1. Aggressively bitten attacked, endangered or otherwise inflicted severe personal injury on a human being or caused death of a human being whether on public or private property; or
2. Severely injured or killed a companion animal while off its owner's property (more than once); or
3. Been primarily used for the purpose of dog fighting or is trained for dog fighting; or
4. When unprovoked, chased or approached a person on public grounds (includes sidewalks, streets, parks, etc.) in a menacing fashion or apparent attitude of attack. See section 72.02.

A "violent dog attack" is an attack by a dog that has either (1) been previously declared as dangerous; or (2) causes severe injury or death to a human being. See section 72.02.

Once an investigation is conducted by animal services and the dog is classified as dangerous, the owner of the dog will be notified. The owner of dog does have a right to appeal the classification and request a hearing so long as the appeal and request are dong timely (specifically, on or before the seventh calendar day after receipt of written notice).

Exceptions:
- A dog may not be classified as dangerous if an attack occurred while a person was unlawfully on the property of the dog's owner.

Below is a summary of the leading cause of fatal personal injuries in children ranging in age from less than one-year-old to 19-years-old:

- From 2000-2006, the leading cause of death for children were personal injuries due to transportation. Although a substantial amount of deaths involved pedestrian or bicyclist accidents, the highest rates were among occupants of motor vehicles in traffic.

- For children less than one-year-old, 2/3 of death caused by personal injuries were due to suffocation.

- For children aged 1 to 4-years-old, drowning was the leading cause of personal injury-related death.

- For children aged 5 to 19-years-old, the most personal injury-related deaths were due to being an occupant in a motor vehicle crash.
(Source: The Centers for Disease Control and Prevention)

Also, according to The Centers for Disease Control and Preventions, an average of 12,175 children between the ages of birth to 19-years-old are killed annually in the U.S. from unintentional injury. Gary Hamner, a public education officer, said many of the childhood fatalities caused by unintentional injury are preventable, especially if people become more aware of traffic safety. Outside the home, fatal childhood personal injuries can be avoided by keeping children in seat belts or age- and weight-appropriate child safety seats. Inside the home, Hamner stresses that preparing for a fire emergency is critical. Homes should always have smoke detectors, the devices save lives. The batteries in smoke detectors should be checked once a month and replaced twice a year. Also, parents and guardians should have and teach their children an emergency exit plan should a fire occur. Children should know exactly what to do when a smoke detector signals; they need to know the fastest and best way to get out of every room in the home and a safe meeting place once no longer in the home. To read more see Avoid fatal childhood personal injuries, simple tips on prevention.

Pursuant to section 14-31 of the Code of Ordinances, Gilchrist County defines a dangerous dog as any dog, that according to the records of the division and/or any other law enforcement agency, has:

1. Aggressively bitten, attacked or endangered or has otherwise inflicted severe personal injury on a human being, whether on public or private property;

2. Killed or injured a domestic animal while of its owner's property (more than once);

3. When unprovoked, chased or approached a person upon private or public property in a menacing fashion or apparent attitude of attack (actions must be attested to in a sworn affidavit by one or more persons and dutifully investigation). "Unprovoked" means the victim was conducting himself or herself in a peaceably and lawful fashion when attacked or otherwise chased; or

4. Been used primarily or in part for the purpose of dog dog fighting or is otherwise trained for dog fighting.

Exceptions: See sec. 14.121
- The threat, injury or damage was sustained by a person who, at the time, was unlawfully on the property;
- The threat, injury or damage was sustained by a person who, at the time, was lawfully on the property, but was tormenting, abusing or otherwise assaulting the dog or its owner;
- The dog was protecting or defending a human being from an unjustified attack or assault.

Once a dog has been classified as dangerous, the owner of the dog must obtain a certificate of registration for the dog, which shall be renewed annually. See section 14-121.

If the dog that is classified as dangerous is to go outside a proper enclosure, the dog must wear a muzzle, be restrained by a substantial chain or leash and be under the control of a competent person.

A 5-year-old boy of Palatka, Florida, brought a loaded semiautomatic to his elementary school. The boy's actions prompted a police investigation as to where the gun came from. Local police were called to Moseley Elementary School after a school teacher saw the firearm fall from the young boy's pocket. The teacher confiscated the weapon and notified school administrators, who then contacted police. The firearm was identified as a .22-caliber Jimenez semiautomatic handgun, the firearm has live ammunition in the magazine but no round in the chamber. After being questioned, the boy informed police officers he found the gun in a vehicle belonging to his stepfather. Although this particular has yet to be confirmed by police, Assistant Palatka Police Chief James Griffith promised there will be criminal charges if any adult is found to be negligent in the case. In the meantime, the 5-year-old boy has been suspended indefinitely until further review by school authorities. This incident occurred not too long after the tragic accidental shooting of 6-year-old girl in Jacksonville, Florida. In that case, the young girl, Donesha Burney, found her father's .380-caliber handgun on a kitchen counter; Donesha's father left the gun on the counter after he cleaned the weapon. Donesha shot herself in the chest with the firearm. Her father, 32-year-old Donnell Bernard Burney could face up to 5 years in prison. To read more on that story please see Accidental Shooting Victim Recovering from Gunshot Wounds to Chest.

Florida has its own statute covering firearms and possession by minors. To read a summary of this statute please see Florida Law Regarding Minors (Under the Age of 18) and Firearms.

Luckily, neither this child or his peers were injured. Parents, guardians and other adults have a responsibility to keep firearms and other dangerous weapons out of a minor's reach, especially minors who are young children. Negligent adults could face criminal and civil charges if they fail to do so. To read more on this story please see >5-year-old suspended after bringing semiautomatic gun to elementary school.

Pursuant to Section 6-19 of the County Ordinances for Putnam County, Florida, a dangerous dog is defined as any dog, according to the records of the department of animal control, that has:
(1) aggressively bitten, attacked, endangered or has inflicted severe personal injury on a human being on either public of private property;
(2) more than once severely injured or killed another domestic animal while off its owner's property;
(3) been used primarily or in part for the purpose of dog fighting or is a dog trained fr dog fighting; or
(4) when unprovoked, chased or otherwise menacingly approached a person on a street, sidewalk or other public grounds with an apparent attitude of attack.

The County Ordinances for Putnam County adopts Florida Statutes Chapter 767 as the authority for what procedures to use and to determine which dogs should be classified as dangerous in Putnam County. For more information on these procedures and classifications, please see the Official Website for the Florida Statutes - Chapter 767.

If you dog own a dog that has been classified as dangerous the canine will require special confinement conditions pursuant to section 6-43 of the Municipal Code. If the canine has been classified as dangerous, the owner of keeper of the dog must complete an animal obedience class with the dangerous dog. Upon completion of the course, the owner shall provide written proof of the dog's enrollment and completion, as well as demonstrate to the department head that the dog can obey basic commands for: sit, stay come, lie down and heel.

Whether or not your dog is classified as dangerous, owners or keepers of canines should always maintain control over the dog for the protection of others. This includes but is not limited to adequate leashing and appropriate, but humane, confinement of dogs.

Pursuant to Section 14-31 of the Volusia County, Florida Code of Ordinances, a dangerous dog is defined as a canine that has:
(!) aggressively, bitten, attacked, endangered or otherwise inflicted serious person injury or death upon another human being;
(2) has, on more than one occasion, severely personally injured or killed a domestic animal while off its owner's property;
(3) been primarily used or trained for dog fighting, or is a dog trained for dog fighting; or
(4) when, unprovoked, chased or otherwise approached another person in a menacingly way with an apparent attitude of attack.

Also, under the statute a dog owner or keeper has the duty to exercise reasonable care and take all necessary steps to protect all people, property and other animals from injuries or damage that might be caused by his or her dog. If the owner of the dog is a minor, the parent or guardian of the child is responsible for ensuring these rules are followed. See ">Section 14-41 of Volusia County Code of Ordinances.

Whether or not your dog is classified as dangerous, owners or keepers of canines should always maintain control over the dog for the protection of others. This includes but is not limited to adequate leashing and appropriate, but humane, confinement of dogs.

If you or a child has been bitten by a dog, the book titled The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know has a chapters on the following topics: Dog Bite Injuries, Medical Bills and Medical Treatment, Damages / Compensation, and other issues. You can receive a free book by clicking here.

Pursuant to Florida Statute sec. 316.027, any person involved in a crash, whether or public or private property, that results in injury of any person must immediately stop the vehicle at the scene of the crash or closest thereto. The person must also remain at the scene of the crash until he or she has fulfilled all their requirements. Any person who willfully and intentionally violates this statute commits a third degree felony. Any person involved in a crash that results in the death of any person must also do the same. However, anyone who willfully and intentionally violates this statute with a crash resulting in the death of a person commits a felony in the first degree.

A person who flees the scene of crash that results in personal injury or death to any person and is under the influence of alcohol, drugs or other narcotics will be sentenced to a mandatory minimum 2 years imprisonment. The driver who flees the scene will also be responsible to the reimbursing and/or compensating the victim(s) for any damage or loss suffered by the victim(s). A person who willfully and intentionally violates this statute will also have their driver's license revoked.

To read more Florida law on a person's duty to stop after being involved in a crash, please see Title XXIII - Motor Vehicles, Chapter 316, Section 316.027 - Crash involving death or personal injuries.

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Section 316.003 - Definitions - Florida Statutes - defines a bicycle as follows:

Every vehicle propelled solely by human power, and every motorized bicycle propelled by a combination of human power and an electric helper motor capable of propelling the vehicle at a speed of not more than 20 miles per hour on level ground upon which any person may ride, having two tandem wheels, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels. The term does not include such a vehicle with a seat height of no more than 25 inches from the ground when the seat is adjusted to its highest position or a scooter or similar device. No person under the age of 16 may operate or ride upon a motorized bicycle.

It appears from this definition that most tricycles built for children would not meet the definition of a bicycle because the seat height of most tricycles are less than 25 inches from the ground.

Section 316.2065 - Bicycle Regulations - requires a helmet for children under 16 years old as follows:

A bicycle rider or passenger who is under 16 years of age must wear a bicycle helmet that is properly fitted and is fastened securely upon the passenger’s head by a strap, and that meets the standards of the American National Standards Institute (ANSI Z 90.4 Bicycle Helmet Standards), the standards of the Snell Memorial Foundation (1984 Standard for Protective Headgear for Use in Bicycling), or any other nationally recognized standards for bicycle helmets adopted by the department. As used in this subsection, the term “passenger” includes a child who is riding in a trailer or semitrailer attached to a bicycle.

While it does not appear the Florida law mandates that a child riding a tricycle wear a helmet in most instances, parents, child care providers, and day care providers should have children wear a protective helmet when riding a tricycle or other riding toys. A helmet can prevent or at least reduce the severity of a head injury / head trauma to a child.

A 6-year-old girl who accidentally shot herself in the chest is expected to recover from the accidental gunshot injuries. According to police, the girl's father Donnell Burney, addmitted he left a gun unattended in the house. The child saw the unattended gun, was obviously curious and started playing the firearm. The girl's family transported her to Shands Jacksonville Medical Center where she was reported to be in critical condition. Although Burney has not been charged, police did say he could be charged with culpable negligence. To read more on this story please see 6-year-old expected to recover after she was accidentally shot in chest.

Children do not understand the dangerousness of a firearm. In fact, guns are seen as toys or play thing in the hands of a child opposed to a deadly weapon. Regardless of what the child does with a gun, tragic accidents can occur if a child handles a firearm without adequate adult supervision. Although Floridians do have a right to own firearms and store them within the home, Florida parents should lock their guns away eliminating a child's access. Parents should disable the gun, store the weapon in a lockbox, and store the bullets separately from the gun.