Florida Child Injury Lawyer Blog

DeSoto County, Florida, does not specifically define a "dangerous dog" under its Code of Ordinances. However, section 4.1 of the DeSoto County, Florida, Code of Ordinances, does provide a definition for "nuisance domestic animal." A "nuisance domestic animal" is defined as a domestic animal that
1. Is allowed to either run at large or habitually destroy or damage property other than that of its owner;
2. Habitually lives out of garbage cans or scatters litter;
3. Digs holes on property other than that of its owner;
4. Any such animal that barks, screeches, meows or makes other utterances so as to interfere with the use and enjoyment of neighboring residential properties;
5. Exhibits or has exhibited any tendency toward attacking, biting, mauling or otherwise injuring people or other animals.

Pursuant to section 4.2 - Nuisance domestic animal, it is unlawful for any owner to allow his or her animal to become a nuisance. Upon being notified that an animal is becoming a nuisance, the owner has the duty to abate such nuisance immediately.

"Dangerous dogs" are addressed in section 4.8 of the DeSoto County, Florida, Code of Ordinances. Section 4.8 incorporates the notification, hearing and appeal procedures contained in Florida Statute sec. 767(1)(c) and (d), in the classification, confiscation and destruction of dangerous dogs.

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 4-2 of Broward County, Florida, Code of Ordinances, a "dangerous dog" is defined as any dog that has:
1. When unprovoked, approached any person in a menacing fashion or apparent attitude of attack upon any public grounds (i.e., streets, sidewalks, parks, etc.);
2. Killed or caused the death of a domestic animal in one incident, while off its owner's or keeper's property and while unprovoked. Or, severely injured a domestic animal while off the owner's property in two or more separate incidents;
3. Aggressively bitten, attacked, endangered, killed or otherwise inflicted severe personal injury on a human being whether on public or private property; or
4. Been used primarily or in part for the purpose of dog fighting or is a dog trained for dog fighting.

Responsibilities of an Owner of a Dangerous Dog:
1. Upon being classified as dangerous, the owner of the dog must register the dangerous dog with the Division and obtain a dangerous dog license tag within 14 days of the classification of dangerousness.
2. At the owner's own expense, have the dangerous dog implanted with an approved electronic animal identification device (microchip).
3. The dangerous dog license tag shall be renewed annually.
4. The owner must display warning signs on his or her premises that a dangerous dog is on the property. The sign shall be visible and capable of being read from the public highway or street.
5. Have a proper enclosure for the dangerous dog on the property where the dog will be kept or maintained.
6. Ensure that the dog is securely confined indoors, or confined in an enclosure. If, at any time, the dog is not so confined, the dangerous dog must be muzzled and kept on a leash with the owner or custodian.
7. While the dog is being transported, the dog must be prevented from escaping through an open window or the like.
8. If the dangerous dog some how becomes loose or unconfined, the owner must notify the proper division immediately. If the dangerous dog has been sold or given away, the owner or keeper shall provide the Division the name, address and telephone number of the new owner 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.

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 St. Johns, Duval, Clay, and Nassau County Florida, ATVs are quite popular. Throughout Florida, there are plenty of areas to ride an ATV. Typically, a few hours spent on an ATV is fun and nobody gets hurt. Unfortunately, there have been many incidents reported in Florida involving accidents and injuries involving ATVs. It is important when a person owns or operates an ATV to do so with safety and caution. This is especially true when teens or children operate or ride on an ATV. While not all accidents can be prevented, consistent adult supervision can go a long way to preventing many ATV accidents or incidents involving teens and children. In St. John County, Florida, the Florida Times Union reported that an ATV (All Terrain Vehicle) overturned and caused personal injuries to three teens (ages 11 through 14). The injured children were treated at Flagler Hospital. The personal injuries as reported were not life threatening. The incident took place off of County Road 214. The operator / driver of the ATV stated that the four wheel ATV overturned at a curve in the road. There may be charges or citations that result from the accident in the form of operating an ATV on the roadway and without a license as well as for careless driving. See Three Youths Injured in St. Johns County ATV Accident. The owner of the ATV reported that the vehicle was taken without his permission. The owner is the father of the teen who was driving or operating the ATV.

17-year-old Alan Conerly suffered head trauma after the scooter he was driving was hit by a car on Penman Road in Jacksonville Beach, Florida. Conerly was on his way to school at Fletcher High School when the incident occurred. The 47-year-old driver of the car that struck Conerly said she was turning into a gas station to eat her breakfast before heading to work. Conerly was not wearing a helmet and suffered head trauma. He was flown to Shands after the crash. Conerly was a well-known basketball player at Fletcher High School. He also comes from a basketball family, one of his older brothers once played for Jacksonville University and another one of his older brothers plays professionally. For more read Popular teen suffers head trauma after his scooter was hit on the way to school in Jacksonville Beach, Florida.

Drivers in Jacksonville Beach area need to be attentive while driving because these areas have a high volume of pedestrian traffic. Many people in that area use bicycles, skateboards, or scooters to travel the roadways and sidewalks. If you would like to read more information on Florida Law and pedestrians please read Florida Laws Regarding Pedestrians and Traffic Regulations - Importance of Exercising Due Caution When Pedestrians Are Present.

In Florida and the rest of the United States, one of the leading causes of death to teenagers is the automobile accident. It is an unfortunate statistic and reality that continues to claim the loss of lives on Florida highways and roads. There is a ripple effect of the death of a teenager whose life is ended abruptly and in some cases the accident or death was preventable. In Flagler County, Florida, a Florida teenager (Shaklyia M. Chess) was driving a 1995 Infinity on U.S. 1 near Bunnell, Florida near midnight. FHP believes that the driver lost control of the vehicle, hit a median, and ultimately collided with some trees. Shaklyia, according to investigating authorities, was not wearing a seat belt. Since this accident involved a death, the Florida Highway Patrol will conduct a thorough investigation and issue a report regarding this matter. See Palm Coast driver, 16, killed in crash Saturday night.

In Florida, swimming pools are a common site in most neighborhoods and communities. Unfortunately, at times, swimming pools are the locations of tragic drownings of toddlers and small children. It was reported that a 3 year old girl recently drowned in her grandmother's swimming pool. The grandmother found the girl floating in the Dayona Beach swimming pool. As the grandmother was distracted by the needs of the 4 month old sibling of the girl, the toddler wandered outside and into the pool. Just a moment or two of distraction or inattention can lead to tragedy. Some tragedies are avoidable and predictable. Others are not.

It is important for all pool owners and child care providers whether day care centers, child care providers, parents, babysitters, and yes, grandparents to do their best if there is a small child and a swimming pool or body of water proximate or close to the house.
The child was at her grandmother's home, where the grandmother was also caring for a 4-month-old child. The grandmother said she went to change the younger child's diaper and the toddler wandered outside. Volusia County officials responded to the scene. See Report: 3-year-Old Girl Drowns in Pool at Daytona Beach Home. Other recent drowning incidents in Florida include the following: Another Unfortunate and Tragic Drowning of a Florida Child (Kimberly Hayward) in a Swimming Pool and Drowning in Orlando Florida - Toddler (18 Month Old Girl) Falls in Family Pool and Drowns.

In Florida and other States, even a simple recreational activity like canoeing can turn deadly without proper supervision and safety precautions. Canoes can literally turn over and lead to serious personal injuries and even deaths due to drownings. A tragic incident was reported regarding two teens and a Palm Bay lake. The boys canoe capsized. One of the boys may have jumped out of the canoe leading to it tipping over and putting the other boy into the water. A neighbor was able to pull one of the boys from the water and then attempted to get the other boy but was exhausted by the rescue efforts. Despite these efforts and CPR, both boys eventually died. It was reported that the victims were Donald Azon (age 14) and Carl Campbell (age 19). Both died well before their time and their deaths will be a great loss for their families, neighborhood, and the community. See Two Teens Die a Day After Lake Rescue.

When participating in boating, swimming, and other aquatic activities, it is important to follow safety precautions. With respect to boating, life jackets can and are key to survival when a person falls into the water.

A South Florida music teach has been arrested for allegedly sending one his students suggestively sexual text messages and pictures of his erect penis. Dennis A. Mulder, the band teacher at Allapattah Flats K-8 school in Port St. Lucie, Florida, was recently arrested and charged with two felony accounts of transmission of material harmful to minor by electronic equipment. Mulder, 42, is accused of sending 3 pictures of his erect penis to a 14-year-old female student. The text messages were discovered by the teenage's mother while she was searching through her daughter's phone. The photos were discovered under a file labeled "Dennis." Police reportedly traced the number that sent the text and picture messages to a phone number registered to Mulder. The texts allegedly began in early March 2011 and included the following: "Secret: It took all I could not to grab you & kiss you today" and "Desire for you is getting stronger." When questioned by police, the female student stated her and Mulder were "just good friends." Although she admitted to police that Mulder sent her the photos she had plans on telling him they couldn't be "anything but friends." Mulder told police that he only had a strict teacher-to-student relationship and exchanged only a few text messages with his female student. However, police confirmed they found around 100 texts between the two phones and when the compared the photos to Mulder's apartment, they spotted similar floor tile and carpet in the apartment to those in the photos. Mulder is expected to be reassigned away from students while the investigation is being conducted. Mulder has been with the school district for the past four years, however this was his first year as band teacher at Allapattah.

In Florida and other States, a person charged with a crime is entitled to defend himself from the charges through legal representation from a Florida Criminal Defense Attorney or through the services of a Florida Assistant Public Defender. In the age of smart phones, iPads, lap tops, and other electronic devices, determining the proof or origin of evidence can be helped with technology. There are also unique challenges in that other people some times gain access to a person's technology and use it in an inappropriate way or manner. Because of this, it is important to retain control and custody of your computer and mobile phone equipment. It is important to also keep user names and passwords private so that others do not venture into your technology world and harm your reputation or even worse - get you arrested.

The above criminal matter will be investigated and hopefully the truth and justice will prevail through the proceedings. For more information about this topic read South Florida Band Teacher Arrested for Allegedly Sending Sexually Charged Text Messages and Photos to 14-Year-Old Student.

In Florida and other States, children are the unfortunate victims of accidents. In some accidents, the injuries will affect the injured child for a life time. The Sun Sentinel reported a very serious injury involving a 5 year old girl who was struck or hit by a two truck in a residential part of Hollywood (Broward County), Florida. Following the accident, the girl was transported to Memorial Regional Hospital for care and treatment. It was reported that one of the girl's legs was severed below the knee. See Girl's Leg Severed in Tow Truck Accident in Hollywood, Florida.

For parents dealing with the aftermath of a child injury, there are many challenges and stresses. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - contains valuable information regarding the rights of injured child including coverage of the following topics: Automobile Accidents, Day Care Injuries, Damages / Compensation, Playground Injuries, Theme Parks, and other topics. Parents can click here to receive a free copy of this child injury book.

In Florida and other States, students in elementary, middle school, and high school face many challenges. Bullying has been a problem for years. Over the past few years, more school districts are passing policies and enforcing them for the better protection of students and to make the school a safer and more enjoyable learning environment for students. Unfortunately, many children at all levels are being harassed or bullied for no reason at all or because of race, religion, weight, and, yes, because of sexual orientation. It is tough enough for a student, who is gay, to deal with the myriad of issues with being gay in today's society. While many adults and children are more tolerant than people were 10 or 20 years ago, bullying and prejudice continue to present themselves in Florida schools when a child is gay or labeled as gay or different. It was reported the Florida Times Union that school administrators in Flagler County are considering additional measures, policies, and procedures for the protection of gay students. This follows a complaint about a student (Luke Herberg) who was humiliated in shop class by not only his classmates but also the teacher. The school district reprimanded the teacher for his improper comments according to the Flagler School District's attorney - Kristy Gavin. Flagler County currently has guidelines in place that ban bullying but do not specifically identify victims who are bullied because of sexual orientation. See Flagler looking at extra bullying protection for gay students after ninth-grader’s complaint.

Florida is well known as a tourist State and has warm weather that allows for swimming and beach visits virtually year round. Unfortunately, Florida also is known and has its more than fair share of drownings (both children and adults) year round as well. The Associated Press recently reported that a 4 year old girl (Kimberly Hayward) drowned in a backyard swimming pool in South Daytona. Details of the drowning were not reported including the type of supervision in place, the location of the pool, safeguards in place like fences, screens, pool alarms, and pool fences, or the owner of the house or pool. Regardless, a young life was lost and a family and community will surely mourn her death. See 4 Year Old Girl Drowns in Backyard Pool.

The book titled The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know has a chapter on Swimming and Water Park Injuries. There are also chapters on Damages / Compensation, Homeowner's Insurance, and other topics. You can get a free book at Free Child Injury Book for Parents.

Bay County defines specifically provides the definition for a "dangerous dog" in its Code of Ordinances under Chapter 4 - Animals, Article II - Animal Control, Division 3 - Dangerous Dogs, Section 4-82 - Definitions. Pursuant to section 4-82, a "dangerous dog" means any dog that, according to records, has:
1. Aggressively bitten, attacked, endangered or otherwise inflicted severe personal injury on a human being whether on public or private property;
2. Killed or severely injured a domestic animal more than once while off its owner's property;
3. Been used primarily or in part for the purpose of dog fighting, or is a dog trained for dog fighting; or
4. When unprovoked, chased or approached a person upon public grounds (sidewalks, streets, parks, etc.) in a menacing fashion or apparent attitude of attack.

After a dog has been declared dangerous, the owner of the dog must obtain a certificate of registration for the dog, which shall be renewed annually. Initial certificates and renewals shall be issued only to person who are at least 18-years-old and show to the animal control authority sufficient evidence of:
1. A current certificate of rabies vaccination for the dog;
2. A proper enclosure to confine the dog and posting of warning signs at all entry points on the owner's premises that informs both children and adults of the dog's presence on the property; and
3. Permanent identification of the dog, such as a tattoo or electronic implantation.

A proper enclosure of a danger dog means, while on the owner's property, the dog id securely confined indoors or in a securely enclosed and locked pen, suitable to prevent children from entry or the dog from escaping.

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.

Wakulla County, Florida distinguishes between a "dangerous animal" and a "dangerous dog." Pursuant to section 6.072 of the Wakulla County, Florida, Code of Ordinances, a "dangerous dog" is defined as any domestic dog, or hybridization thereof, whether alone or in a pack, that according to records has:
1. Aggressively bitten, attack, endangered or otherwise inflicted severe personal injury on a human being while lawfully on public or private property;
2. Killed a domestic animal or has, more than once, severely injured a domestic animal while off its owner's property;
3. Been used primarily or in port for the purpose of dog fighting or is a dog trained for dog fighting; or
4. When unprovoked, chased or approached a person upon public grounds (i.e., streets, sidewalks, parks, etc) in an apparent attitude attack.

The same section provides the following EXCEPTIONS:
- A dog will NOT be declared dangerous if the attack or injury occurred in one of the following instances:
1. If the threat, injury or damage was sustained by a person, who at the time was either lawfully or unlawfully on the owner's property, and was tormenting, abusing or otherwise assaulting the dog, its owner or a family member.
2. If the dog was protecting or defending a human being from an unjustified attack or assault.

Within 14 days after a dog has been classified as dangerous, the owner of the dog shall do the obtain a certificate of registration for the dog from the animal control authority serving the are in which he resides, this certificate shall be renewed annually. Certificates will only be issued to those owners who are at least 18 years of age and who show sufficient evidence of:
1. A current certificate of rabies vaccination for the dog;
2. A proper enclosure to confine the dog, as well as warning signs at all entry points of the owner's property to inform both children and adults of the dog's presence;
3. Permanent and visible identification of the dog (i.e., a tattoo); and
4. Proof of spay or neutering.

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.

37-year-old Sonja P. Anderson, a day care center director in Tampa, Florida, has been arrested on charges of child neglect. The Florida criminal charges were filed against Anderson after a 3-year-old child in her car was left in a van outside the Children's Adventure Center. Police stated this was the second time the same boy had been left in a van outside the center. The first incident involved another employee at the center and is still under investigation. The 3-year-old boy was picked up by Anderson around 8 a.m and brought him to the center. After arriving at the center, Anderson locked the child in the van, went inside the center and signed a check-in log. Around 11 a.m. a county child care licensing inspector arrived and discovered the 3-year-old still in the van. Anderson told police she did not remember what she did after leaving the child inside the van and entering the center. The inspector came to the center as a follow up on the first incident of leaving the child, which occurred during the first week in February 2011. The complaint was filed on February 9 after the same boy was left inside a van for 45 minutes. The complaint also revealed that the child was not being transported in a child car seat / child seat and that the center did not keep logs of the children who were transported in the van. Luckily, the young boy, identified as Jusean Henderson, was unharmed each time. For more read Tampa, Florida day care director arrested after leaving child in van for 3 hours.

This child could have suffered serious, if not permanent, personal injuries from hyperthermia (otherwise known as "heat exhaustion"). Temperatures inside a vehicle can increase rapidly. Also, a child's body is not as capable of adapting to temperature changes as an adult's body, thus making children more susceptible to heat stroke or other heat-related personal injuries.

As with any other Florida criminal case, the Defendant will be entitled to legal representation by a Florida criminal defense attorney or the public defender's office if she qualifies for such legal services.

In Florida, dog bite victims can pursue a claim or case for personal injuries even if the dog owner was not negligent for his or her actions as a dog owner. Florida dog bite cases are governed by Florida Statutes. See Florida's Dog Bite Statute - Section 767.04, Florida Statute - Dog owner’s liability for damages to persons bitten.

There are many dog bite incidents in which the dog owner took precautions to contain or fence the dog but the dog got out and bit another person. For example, if a dog in Florida crawled or dug under a fence and then bit another person - the dog owner would still be liable for the dog bite related injuries. It would not be a legal defense in Florida to state that the fence was put up by a professional or that the dog owner had no knowledge that the dog could dig or crawl under the fence. While it is a good thing to take precautions, Florida has a strict liability law in place and if a dog escapes with no warning or notice to the dog owner - there is still legal liability for the dog bite related injuries and medical expenses. This situation would go the same for a case where the dog ran out of the front door of the house when a person rang the door bell. A moment of opportunity for the dog even though it was not reckless by the dog owner can still lead to legal liability.

Dog owners should recognize that with the privilege of dog ownership comes responsibility. Unexpected situations can happen and dog bites do take place. In Florida, it is clearly stated in the law that the dog owner is liable. You can read more about dog bite injuries in a chapter in the book - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know. You can receive a free copy of this child injury book at Get Free Child Injury Book - The ABCs of Child Injury.

A video posted on the popular website YouTube has led to the arrest of a 14-year-old middle school student in Volusia County, Florida. According to authorities the video depicts the beating of another 13-year-old student. The student who was arrested was able to be identified because of the video. The victim's father saw the video while browsing the Internet. After viewing the video, the victim's father called his son's school, Galaxy Middle School, to inform them of the video. School officials talked to the victim who finally told them about the beating; the victim was hesitant to initially tell school officials because he did not want to get into trouble. Volusia County Sheriff's officials have removed the video from YouTube and charged the identifiable attacked with battery, he was eventually released to his parents. Officials say the battle was apparently over a female the 13-year-old victim used to date and is now dating the accused attacker. For more read YouTube beating video leads to arrest of Volusia County, Florida middle school student.

Physical violence inflicted upon others invades an individual's right to be free from bodily harm. Any person who willfully and intentionally inflicts personal injuries onto other subjects themselves to being prosecuted criminally, as well as civilly in order for the victim to obtain compensation for the personal injuries suffered.

A 5-year-old boy was fatally struck by a van while riding his bicycle recently in Lauderhill, Florida. The child was identified as Joshua Richardson, the accident occurred near the Northwest 20 Street. Joshua apparently got stuck underneath the tire of the van, causing him to be dragged for several feet after the initial impact. Lauderhill Police say the driver of the van has not been identified. However, police could confirm that the driver was in the neighborhood after doing some remodeling work on a nearby home. Captain Rick Rocco of the Lauderhill Police said the diver initially thought he had hit a rock until he was eventually waved down by a neighbor and realized the severity of the situation. The police were immediately called and Joshua was airlifted Broward General Medical Center where he was ultimately pronounced dead. Police believe Joshua rode his bike into the street and, as of now, it does not seem likely charges will be pressed against the driver. However, Captain Roccos did say the investigation is ongoing and is in its earliest stages. For more details read Boy fatally struck by van while riding bicycle in Lauderhill, Florida.

Florida law places an affirmative duty of on drivers to use extreme care towards pedestrians and bicyclists while driving. If you would like to read more information on Florida law concerning its drivers and pedestrians please read Florida Laws Regarding Pedestrians and Traffic Regulations - Importance of Exercising Due Caution When Pedestrians Are Present.

The Florida Highway Patrol reported that four teens lost their lives in Sarasota Florida in an automobile accident involving a SUV and a concrete wall. The driver reportedly lost control of the vehicle while he was rounding a corner. Unfortunately, automobile accidents in Florida and other States continue to be one of the leading causes of deaths of teens. Some accidents are unavoidable while others could have been avoided with slower driving and more experience and better judgment behind the wheel. Since this accident involved the deaths, the Florida Highway Patrol will complete a Homicide Investigation to determine the cause and preventability of the accident. It is also expected that autopsies will be performed to determine cause of death and if any other factors caused or contributed to the accident. You can read more about this Florida Automobile Accident at 4 Teens Die in Car Crash in Sarasota, Florida.

A "dangerous dog" is defined in sSection 10-51 of the Gadsden County, Florida, Code of Ordinances under the term "vicious animal." A dog will be declared dangerous if the dog has, more than once, bitten or scratched a human or other animal without provocation within a 12-month period, which inflicts seriously bodily injury to that human or animal.

Once classified as vicious, the dog shall either be confined permanently to its owner's premises or humanely destroyed at the discretion of the director of animal control. A dog will not be classified as vicious if the injury was sustained by a domesticated animal, which at the time of the injury was teasing, tormenting or otherwise abusing the dog or if the injury was sustained by a person who was committing or attempting to commit a tort or crime upon the dog's owner or who was committing a willful trespass upon the owner's premises and was tormenting, teasing or otherwise assaulting the dog.

Sec. 10-51. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Vicious animal means any animal which has bitten or scratched a human or other animal without provocation two or more times within a 12-month period of time, or any animal which has attacked a human or other animal with provocation, causing serious bodily injury to that human or animal.
Wild animal means any animal normally found outside captivity in the county and the related ecosystems of this area of the United States. The term "wild animal" includes, but is not limited to, such animals as reptiles, raptors, mammals, aquatic animals, and amphibians.
(Ord. No. 88-004, § 2; Ord. No. 90-010, § II)

Sec. 10-60. Vicious animals.
(a) Any animal classified as vicious according to the definition in this article shall be, at the time of being so classified, either confined permanently to the owner's premises; or humanely destroyed at the discretion of the director of animal control.
(b) No animal shall be classified as vicious if injury was sustained by a domesticated animal which at the time of such injury was teasing, tormenting, abusing, or assaulting the attacking animal.
(c) No animal shall be classified as vicious if the threat or injury was sustained by a person who at the time was committing or attempting to commit a tort or crime upon the owner of the animal or who was committing a willful act of trespass upon the premises of the owner of the animal or who was teasing, tormenting, or abusing the animal.
(Ord. No. 88-004, § 6)

Also put the following language in at the end of the article:

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.

Polk County distinguishes between a "dangerous dog" and a "vicious dog." Pursuant to Section 4-38 of the Polk County, Florida, Code of Ordinances, 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 on more than one occasion;
3. Been used primarily, or in part, for dog fighting or trained for dog fighting;
4. When unprovoked, chased or approached a person upon public grounds in a menacing fashion or apparent attitude of attack.

A "vicious dog" is defined as any dog that has severly injured or killed a domestic animal while off its owner's property.

A dog will not be declared dangerous if the person who was attacked was unlawfully on its owner's property, or if lawfully on the property, was tormenting, teasing, abusing or otherwise assaulting the dog. A dog will also not be declared dangerous if it was protecting a human from an unjustified attack or assault.

Once a dog has been declared dangerous its owner has 14 days to register the animal with the local animal control authority. The owner must also obtain a certificate of rabies vaccination. The dog must be confined in a proper enclosure and warning signs shall be posted on the owner's premises to notify both children and adults of the dog's presence. A proper enclosure means, while on the owner's property, the dog is securely confined indoors or in a securely enclosed and locked pen or structure.

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.

"Dangerous dog" is specifically defined under Section 14-36 of the Brevard County, Florida, Code of Ordinances. Pursuant to sec. 14-36 a dog will be deemed dangerous if the dog has:
- Without provocation, aggressively bitten, attacked, endangered or inflicted severe personal injury on a human being (on public or private property); or severely injured or killed a domestic animal while off its owner's property; or chased or approached a person upon public grounds in an aggressive, menacing fashion or apparent attitude of attack.
- Been used primarily, or in part, for the purpose of fighting, or is trained for dog fighting.

Exceptions - A dog will not be deemed dangerous in the following circumstances:
1. If the threat, injury or damage was sustained by a person who, at the time, was unlawfully on its owner's property, or, if lawfully on the property, was teasing, tormenting, abusing or otherwise assaulting the dog, its owner or a family member.
2. The dog was protecting or defending a human being from an unjustified attack or assault.

An owner is responsible for obtaining a receipt of declaration 14 days after the dog is deemed dangerous. The owner must also obtain a certificate of rabies vaccination and animal license tag for the dog. A dangerous dog must be kept in a secure enclosure on its owner's premises and the premises must have warning signs at all entry points so as to inform both children and adults of the dog's presence. The dog must also have a form of permanent identification, such as a tattoo or an electronic implantation.

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.

Seminole County incorporates Section 767.11, Florida Statutes, into its Municipal Code of Ordinances regarding the definition of a dangerous dog. Pursuant to sec. 767.11 a "dangerous dog" is defined as any dog that has:
1. Aggressively bitten, attacked, endangered or has otherwise inflicted severe personal injury on a human being, whether on public or private property;
2. Severely injured or killed a domestic animal while off its owner's property (more than once);
3. 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.

Also, any other dog that has been declared dangerous in another jurisdiction will also be considered dangerous in Seminole County. See sec. 20.01 for the more information on Seminole County's definition of a "dangerous dog".

Once a dog has been declared dangerous, the dog must be securely confined in one of the following ways:
1. Inside its owner's residence.
2. Inside a pen on the owner's property. (Note, however, that the pen must meet certain criteria. See sec. 20.28).

When the owner is not present on his or her property, the dog must be kept in the locked pen or inside the owner's residence. When the dog is let outside of its pen or owner's residence it must be muzzled, restrained by a chain or leash of substantial strength and under the control of a competent person. The owner is also responsible for posting clearly visible warning signs at all entry points of his or her premises that will inform both children and adults of the dangerous dog on the 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.

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 Tampa day care center director / van driver was arrested recently after she left a three year old boy (Jusean) unattended in the day care van for approximately 3 hours. A county investigator happened to be in the area at the time and found the child in the van. The driver (Sonja P. Anderson), who also serves a the director for the day care center, not only forgot the child but is also being accused by law enforcement authorities for falsifying the log that indicated the boy was taken out of the van upon arrival. Day care center transportation logs are very helpful but only if the work and supervision are completed and then properly documented in the log. You can read more about this story at Tampa Day Care Center Director Arrested After Child Left in Van.

The book titled The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Center Injuries, Damages / Compensation, and other topics. You can read more about transportation logs and the elements of a day care case in the book. Click here to receive a free copy of this child injury book.

Shaken Baby Syndrome causes significant and life changing injuries to children in all communities. A study of Shaken Baby Syndrome incidents revealed that both men and women cause these injuries to children. The study suggested that men were more likely to cause more serious injuries and were more likely to confess to the crime when compared to women. Statistics were gathered by the National Center on Shaken Baby Syndrome. You can read more about this study at Shaken Baby Syndrome - Statistics Show Many Facets of this Form of Child Abuse and Child Neglect.

In many instances, the person who caused injury to the child via Shaken Baby Syndrome is the primary caretaker or the parent. In a very quick moment, tempers can flare and patience can be lost. That is typically when a child becomes a victim of Shaken Baby Syndrome.

An 18-month-old girl of Orlando, Florida, tragically drowned in the backyard pool of her family's pool. Arelis Velarde was found by her father floating face down in the family's pool. The father was tending to a newborn and was under the impression that the toddler was watching cartoons when the accident occurred. The toddler's mother and grandmother were at a local store during accident. Police believe that the toddler wandered outside, opened a screen door to the backyard and fell into the pool. The father was alerted as to the girl's whereabouts after the family dogs began barking. Neighbors tried to resuscitate the child. The toddler was taken to Florida Hospital East Orlando where she subsequently died. Police believe the drowning was an accident and that no foul play was involved. For more please read Orlando toddler drowns in backyard pool.

It is becoming that time of year, especially in Florida, where the temperatures are beginning to rise and more people are getting outside and engaging in water-related activities. Make sure all doors leading to a pool, pond, lake or other body of water are locked, install safety gates around pools, and always watch your children while they are in the water.

In Florida and other States, children are the unfortunate and tragic victims of child abuse. Often times, it is a trivial or minor incident that triggers the abuse. In Orange County, Florida, it was reported that a 3 year old child was beaten for wetting his pants. Orange County Sheriff officials and investigators believe that Noah Fake died as a result of blunt force trauma to his head which were findings from the autopsy. The mother (Robin Greinke) allegedly confessed to the attack. Both Greinke and her boyfriend - Steven Neil - have been charged with the crimes of first degree murder, aggravated child abuse, and child neglect. Each will be entitled to representation by a privateFlorida criminal defense attorney or by an assistant public defender.

One (among many) aggravating factors of the alleged crimes was the fact that the mother and boyfriend ate pizza and watched a movie after the attack. You can read more about this story at Deputies: Boy Beaten to Death After Wetting Pants.

In the United States, there is a constitutional right to bear arms. In other words, there is a long history and legal basis for gun ownership in the United States and Florida. With these rights come responsibilities as well. A gun, in the hands of an inexperienced person or a child, can lead to deadly consequences. The Orlando Sentinel - Walter Pacheco, Writer - recently posted a story titled Guns in Young Hands: Consequences Can Be Deadly. The news story had some interesting analysis and information about recent shootings and deaths in the Central Florida area. One incident involved a Cocoa, Florida girl who was accidentally shot when a gun was discharged and sent a bullet through a bedroom wall of a mobile home and into the kitchen area where the 13 year old girl was standing. Gun owners should properly secure all guns away from the reach and use of a child unless the child is being well supervised and the gun is being utilized or handled in a very controlled environment. The Department of Justice reported that over 700 teens died from firearm shootings in 2008 and over 600 died in 2009.

A 7-year-old girl sustained serious personal injuries after she was struck by a pickup truck while riding her bicycle in Orlo Vista, Florida, just west of Orange County. The young girl was identified as Angela Caraballo, of Union, Georgia. Angela was transported to Arnold Palmer Hospital where she was treated for serious personal injuries to her face and head. Officials say that Angela was not wearing a helmet at the time of the collision. Florida officials were unable to say whether or not an adult was supervising the child. Reports identified 66-year-old Lucien Joseph, of Ocoee, as the driver of the pickup truck. A witness told Florida Highway troopers that the little girl attempted to turn her bicycle away from the road, but "failed to turn or stop due to inexperience riding the bike." Troopers also said Joseph attempted to stop, but the right front end of his truck struck the back of Angela's bicycle. The impact pushed Angela onto the pavement. The reports by the Florida Highway Patrol do not indicate any charges are being pressed against Joseph. For more see 7-year-old girl sustains serious personal injuries to face and head after struck by pickup truck while riding bicycle, reports indicate she was not wearing a helmet.

Bicycle helmets are scientifically proven to reduce the severity of personal injuries and death in victims of bicycle accidents. Parents and guardians should teach their children to always wear a helmet while riding a bicycle. The risk of personal injury can also be reduced if the child is supervised by an adult or other competent person while riding his or her bicycle. For more information on helmet safety see Importance of Bicycle Helmets to Child Safety.

Most people are familiar with collisions on Florida highways and roads. There was a different kind of collision that was reported recently - it took place during a Jacksonville Florida middle school soccer game between Jeb Stuart Middle School and Kirby Smith Middle School. Josh Walter, a 14-year-old soccer player, was hospitalized in critical condition after sustaining personal injuries in the soccer match when he collided with another player from the opposing team. Walter was flown to Shands Jacksonville with swelling around his brain. The extent of the opposing player's injuries and his name have not been released. For more see 8th-grade soccer player (Josh Walter) of Jacksonville, Florida, tragically died after colliding with opponent in a soccer match.

The death of this young man is a tragedy for his family, friends, and community. There has been a recent increase in awareness concerning the severity of personal injuries sustained by youth athletes. The primary focus has been around concussions and their treatment. Not only can head injuries be deadly, but if not fatal these types of injuries can cause developmental and behavioral challenges in its victims. Parents, coaches and other school athletic physicians need to inform and educate themselves on the severity and potentially fatal injuries their youth athletes are exposed to.

Guiding Stars of Duval is a quality rating improvement system for children learning centers, operated by the Early Learning Coalition of Duval. Guiding Stars establishes guidelines and provides ongoing support for those child development and learning centers that are dedicated to providing quality care to the children. Quality childcare is given by providers who understand a child's learning skills / abilities begin at birth, employ a variety of teaching methods, provide a safe and welcoming environment for the children, engage the child in "hands-on" experiences, and involve the child's parents and families. Research has shown that children who receive quality child care during their early developmental periods are more prepared for school, are more likely to have high achievements in math and read, and are more likely graduate and attend a 4-year university of college.

How It Works:
The centers participating in Guiding Stars are evaluated by a team of early learning professions in the areas of:
- Environmental Structure
- Ratio/Group Size
- Quality Staff Development
- Curriculum
- Parent/Family Involvement.

The participating centers receive a rating to indicate its degree of quality. The system is based on a 5-star rating and each star represents an increasing level of quality care. The number of stars a center receives is a good indicator of the quality care provided. However, teach should also look at the ratings in specific categories to better suit their needs and desires. Centers who participate in this program exceed the standard licensing requirements required by the state. For more see Guiding Stars of Duval.

A brutal beating took place on a school bus traveling to Twin Lakes Middle School in Duval County, Florida. While on her way to school, Lisa Wright's 15-year-old daughter was attacked after another student on the bus took her daughter's belongings. Wright said her daughter is now covered in bruises and described the bus ride as "a total nightmare." Wright stated one child was holding her daughter down while others were slamming her head against the window and reaching over seats and punching her daughter in the head. The incident report cites multiple witnesses to the attack and reveals that three girls and one boy were involved in the attack. Wright is actively pressing charges with the State Attorney's Office. In a released statement, the Duval County School Board said appropriate disciplinary action have been taken against the students involved with the bus beating. Wright is also upset with the bus driver by not intervening and stopping the attack. Durham Bus Company, owner of the school bus where the attacked occurred, has not commented on the incident. Wright stated her daughter sustained a severe concussion, whiplash, and suffered a seizure while on the bus. For more details see Brutal attack occurs on Twin Lakes Middle School school bus in Duval County, Florida.