Florida Child Injury Lawyer Blog

The mother a former foster child has filed a law suit against the state and other child care providers who she believes is responsible for the alleged sexual abuse committed against her son. The lawsuit, filed in April 2011, accuses the Department of Children and Families and other local child care providers for allowing the abuse and failing to provide mental health treatment for the then 10-year-old boy of North Port, Florida, until he attempted suicide twice. The lawsuit also describes how the boy was moved to 11 different foster homes in an 18-month period. The boy, now 13-years-old, has been reunited with his mother since 2008. Among the various defendants are the Sarasota, Florida, YMCA and the local contractor for foster care services. For more read Mother files lawsuit alleging son was sexually abused while in state of Florida's care.

Not only do day care owners, providers or other child care employees have an affirmative duty to report any suspicions or allegations of child sex abuse, but doing so will get local law enforcement involved and stop any further acts abuse.

In Jacksonville, Florida, the Florida Times Union reported that a Lake Shore Middle School Teacher (Robert Bryan Luke) was arrested for allegations of sex abuse involving a child. The story did not report the identity of the child or the particular allegations but one of the specific Florida criminal charges was sexual battery of a child younger than 12 years old. A parent of the child reported to the police that a crime was committed and that the child had been sexually abused. It was reported that Mr. Luke is a local youth soccer coach and swim coach. See Florida Times Union - Law & Disorder: Jacksonville Teacher/Coach Charged with Sex Offenses Against Child.

In schools and community sports organizations, a background check is completed; however, if the applicant coach had not been arrested or convicted of a crime in the past - there will be no public record to indicate that the applicant coach is a danger to children. Beyond public record background checks, prior employers and leagues can be contacted but the work involved in such endeavors may be too tedious for some schools and / or sports organizations.

The Jacksonville Sheriff's Office and the State Attorney were involved the investigation and will continue to work the case now that an arrest is made. Of course, Mr. Luke will be entitled to the services of a Jacksonville Criminal Defense Attorney or legal representation through the Public Defender's office. The criminal prosecution will hinge on the evidence obtained which can include statements, photographs, videotapes, text messages, e mails, and other forms of evidence. The news story in the Florida Times Union did not detail the amount or type of evidence that law enforcement had obtained or believe it can obtain regarding these Florida criminal allegations.

In Palm Springs (Palm Beach County) Florida, two teens (Yoanelis Candelaria-Perez) and other girls were charged with felony battery and cruelty towards a child. The story reported in the Orlando Sentinel and other news outlets involved two groups of girls who had a dispute. There was a chase of some kind that ended with an 11 year old boy allegedly being pushed into the street. The Defendants will argue that it was merely an accident and there was no intent or malice involved with the boy who was apparently an innocent bystander. The teen girls will be entitled to legal representation through a Florida Criminal Defense Attorney or the services of the Public Defender's Office. It was reported that the 11 year old boy suffered personal injuries including fractured ribs, abrasions to her legs and left arm, a collapsed lung, and a wound to his back. See Police: Teen Girls Pushed Palm Springs Boy, 11, into Path of Car.

When there is an injury that takes place away from the home, there still may be a possible homeowner's claim for the negligence of the homeowner or a resident relative. Each case must be evaluated on its own merits and the homeowner's policy must be read carefully to determine coverage and exclusions. Most homeowner's policies exclude criminal or intentional conduct on or off the premises from coverage. Since this is somewhat confusing concept that is evaluated case by case and policy by policy, it is often helpful to have a Florida Child Injury Lawyer evaluate the case, liability, and applicable insurance coverage (if any).

When a person is injured as a pedestrian or a bicyclist, there may be coverage available through an automobile insurance policy as well. Again, the insurance policy and facts must be evaluated to determine eligibility and coverage. When a pedestrian or bicyclist is injured, there may be coverage under a parent's automobile insurance policy for PIP (Personal Injury Protection), Med Pay (Medical Payments), and / or Underinsured or Underinsured Motorist (UM) insurance coverage. Again, these issues can be complicated and confusing. As such, guidance and representation through a Florida Child Injury Lawyer is important and helpful to make sure that benefits and claims are paid pursuant to the policy and Florida law.

43-year-old Marshall Dale Cole IV, of Jacksonville, Florida, was sentenced to 35 years in prison in the death of his infant son. Cole was convicted in February 2011 of second-degree murder for shaking his infant son to death. 3-month-old Marcus was hospitalized in March 2009 and died a few days after his hospitalization. According to an investigation by the medical examiner, the baby had been shaken. Also, the arrest report stated Cole was alone with his infant son for at least 30 minutes before the child stopped breathing. For more read Jacksonville, FL father sentenced to 35 years in prison after death of 3-month-old son.

The safety and well being of a child under the care of a parent, friend, neighbor, teacher, or day care provider should take precedence over all other matters. Keep children safe and it should be repeated - never - ever shake a child.

In Santa Rosa County, Florida, a fatal crash was reported that ended the lives of Zoe Chandler (age 18) and Brandi Bartholomew (age 15) died in a one vehicle accident when the driver of the vehicle lost control of the vehicle and hit a concrete culvert. As a result of the impact, the truck subsequently rolled onto its side. It was reported by the Florida Highway Patrol that Nadja Chandler (age 38) was driving the struck. Tragically, both teens died at the scene as a result this single car accident. See 2 Teens Killed in Florida Panhandle Crash.

Since two teens died as a result of this accident, the Florida Highway Patrol will conduct a traffic death investigation to determine the cause and preventability of this fatal crash. Whatever the cause or reason, lives were lost and families will be forever impacted due to the untimely and tragic deaths of these teens.

Tragic accidents like these should remind us all about the importance of safe driving and the unpredictability of some accident that take place on Florida roadways and highways. Basic safety measures like driving at a safe speed, obeying road and traffic signs, keeping distractions at a minimum, and wearing seat belts can help avoid accidents or lessen the injuries that result from automobile accidents.

In Pensacola, Florida, a tragic accident was reported involving a pick up truck and a stroller that was occupied by two babies. It was reported by Fox News Orlando and other news outlets that the stroller was in a yellow area in the center of a road that was off limits to pedestrians and motorists. The child's mother, Shiesha Knight, was on her way to a local store to get diapers and a gift. The driver (Billy Williams) was cited for driving in the yellow zone. Two babies were in the stroller. One died (Shakuriyah Jenkins) and the other baby did not suffer any injuries. What a tragedy for the Jenkins family, friends, church, and community. See Florida Baby Killed in Truck Accident in Pensacola.

It is important for all drivers to slow down in any areas where pedestrians, strollers, or cyclists are located. If a stroller is seen, there is a good reason to slow down and give the person controlling the stroller time to get to a safe sidewalk or other area.

Since a death resulted from this accident, there will be a full investigation by local law enforcement and / or the Florida Highway Patrol to determine the cause and preventability of the accident involving the pick up truck and the stroller.

Zero Gravity Gymnastics was a gym located in South Daytona (Volusia County) Florida. Parents paid tuition to the gym and owner in April 2011 only to later discover that the gym had been boarded up and the owner difficult to locate. Parents later lodged complaints with the South Daytona Police Department. Police are conducting a criminal investigation into the gym and the owner. One of the issues in the criminal investigation is whether the closing of the gym was planned. In other words, what was the intent of the owner? Did the owner know when she collected the tuition that she would not be able to provide the gym space or the instruction for the children at the gym? Some of the parents believe that the gymnastics owner shut down the school and left down taking the tuition money with her. Police are investigating the owner, Chyrstal Hinchliffe, to determine if there was a crime committed by the owner. Many of the disgruntled parents have joined together to set up a Facebook page for support and information regarding Zero Gravity Gymnastics. The parents named the Facebook page - Survivors of Zero Gravity Gymnastics. See 'Survivors' of Closed Gymnastics School Come Together as Investigation Continues in South Daytona (Volusia County) Florida.

In Florida, punishment and discipline was handed out to a toddler over potty training that ended the child's life. In Lakeland, Florida, the mother of the child (Ina Brown) recently pleaded no content to charges of aggravated manslaughter and aggravated child neglect. Polk County Florida prosecutors charged the stepfather with first degree murder and aggravated child abuse and neglect. Authorities report that Marcus Brown beat the toddler - Deondray Ashe - with a belt during potty training. See Lakeland, Florida - Polk County - Woman gets 10 years in Son's Fatal Beating.

Unfortunately, fear and physical punishment are utilized by parents, babysitters, and caregivers during potty training. Corporal punishment is cruel and unusual punishment especially for a 2 year old learning how to become potty trained.

Many parents use corporal punishment (the belt or the switch) because of the history behind such archaic and dangerous discipline. Just because a person was raised with a culture and environment of beatings and beltings does not mean that it should be perpetuated and passed on to the next generation. Some children do not suffer any serious injuries as a result of a beating or belting. This does not make it right and it also ignores the psychological damage that corporal punishment inflict upon the child. In addition, corporal punishment puts a child at risk for serious personal injuries and as illustrated by this news story - some child die as a result of corporal punishment.

An unidentified 23-month-old boy recently fell from a second-floor balcony of a building in Homestead, Florida. The toddler was transported by air rescue to Miami Children's Hospital where he was listed in serious but stable condition. According to officials, the boy's father was at a pediatrician's office located inside the building. The father stepped outside to make a telephone call, and, while he was on the phone, the toddler climbed onto the railing of the balcony and fell onto the pavement below. For more read 23-month-old boy falls from second-story balcony in Homestead, Florida.

Many accidental injuries to children are preventable. Accidental injuries are one of the leading causes of permanent physical impairment, traumatic brain injuries, fractures and other serious personal injuries. Proper, incessant and direct supervision can prevent many accidental injuries.

http://www.news4jax.com/news/27627451/detail.html

It is quite a tragic loss for a child to die in an automobile accident. Unfortunately, automobile accidents continue to be one of the leading causes of the death to teens in Florida and nationwide. Many such tragic deaths are avoidable with safer driving. It is important for all drivers to pay attention to speed limits, road signs, traffic, construction, and, yes, safety. Juan Zambrano was one of the victims in the Alligator Alley accident that involved a pick up truck and students from the Weston Area (Broward County, Florida). Juan, like most kids, was looking forward to his next birthday which would have been his 18th birthday. While 18 is the age of majority or adulthood in the State of Florida, most 18 year olds are still kids living at home with their parents. It is certainly a tough loss for the family, community, school, and church when a teen dies in an accident. See Birthday of Teen Killed in Crash Celebrated Friends and family celebrate Juan Zambrano's 18th Birthday Without Him.

In Florida, pick up trucks are found in every community - big, small, and in between. Many teen drivers are provided pick up trucks for transportation. Unfortunately, pick up trucks are often loaded up beyond capacity with unrestrained riders or passengers in the back of the truck. An accident involving a pick up truck with passengers in the bed can lead to catastrophic consequences. It was reported that a pick up truck accident crashed near Naples, Florida on Interstate 75 in the area near Mile Marker 92. The accident took place at approximately 8:30 p.m.

It was reported that the Dodge pick up truck went up on an unpaved median and then the driver overcorrected which, in turn, caused the truck to overturn. Some of the passengers, as a result of the impact and overturning, were thrown onto the pavement. The only occupant of the vehicle wearing a seat belt was the driver - Nickolas Wagy.

The driver, identified as Nickolas Wagy, 18, of Weston, suffered minor injuries. According to the report, he was the only one wearing a seatbelt. It was reported that 2 died in the pick up truck accident and 3 were injured. See Fellow Weston students mourn, pray for 2 Killed, 3 Injured in Alligator Alley Crash

Five of the six students attended Cypress Bay High School. The news was very stressful for the other students at the high school and the community as a whole.

A simple ride in a pick up truck can lead to deadly consequences. Pick up trucks were not manufactured (from a safety standpoint) to haul or transport passengers in the bed of the truck. Whether the trip is just around the corner or a longer journey, children and adults alike should avoid riding in a pick up truck. The driver and owner of the pick up truck should refrain from driving any person in the back of a pick up truck. Other arrangements can and should be made for the safety of children and adults alike.

Three teenagers sustained personal injuries after they were thrown from a car while riding on the vehicle's hood in Palm Bay, Florida. The accident occurred around 5 p.m. after the Toyota Corolla stopped suddenly while three teenage girls were riding on the hood of the car. The injured teenagers were transported to Holmes Regional Medical Center were they were treated for head and neck injuries; their conditions are currently unavailable. The driver of the Toyota was a 16-year-old male. He was traveling between 15 and 20 mph when he abruptly hit the brakes. He was cited for reckless driving. For more read 3 teenagers personally injured after "hood surfing" in Palm Bay, Florida.

Teenage drivers are typically unaware of the dangers involved in driving automobiles. They tend to engage is several distracted driving behaviors that dramatically increases their chances of being involved in a collision or other automobile accident. Distracted driving includes behaviors such as talking or texting on a cell phone while driving, eating, drinking or grooming, listen to music too loudly, having too many passengers in an automobile and engaging in multiple conversations with their passengers. These behaviors take the young driver's focus and attention off the road and can be highly dangerous. Parents should inform their young drivers about the dangers involved in driving and teach them safe driving skills.

Florida is just one of 3 states in the nation that does not have a booster seat law for children. All but 3 states have such a law in place. The booster seat law addresses the safety needs of children typically between the ages of 4 and 7 years old. Child safety advocates in Jacksonville, Florida and the rest of the nation would like to see Florida join the great majority of the states and implement a booster seat law. For mainly political reasons, Florida's booster seat bill has stalled on prior occasions. According to a recent article posted in the Florida Times Union, it does not appear at this time that a booster seat law will be implemented or passed for the 2011 legislative session either. See Chances of Booster Seat Law Passing Appear Slim in Florida. Whether there is a law in place or not, parents, babysitters, day care providers, summer camps, and schools should consider the use of booster seats when transporting children. Good safety is good safety with or without the Florida legislation to enforce it. The use of booster seat can help prevent personal injuries to children or at least reduce the extent of injuries when there is an automobile accident.

Pursuant to section 9.1 of the Martin County, Florida, Code of Ordinances, 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 on public or private property;
2. More than once, severely injured or killed a domestic animal while off the 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 the streets, sidewalks, or other public grounds in a menacing fashion or apparent attitude of attack.

Exceptions: A dog will not be declared dangerous in the following situations:
1. The threat, injury, or damage was sustained by a person who, at the time 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 family member.
3. If the dog was protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault.

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 1-4-20 in its Code of Ordinances, St. Lucie County, Florida, will classify a dog as dangerous if it has been determined that the dog has:
1. Aggressively bitten, attacked, endangered or has inflicted severe personal injury on a human being on 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 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 (streets and sidewalks)in a menacing fashion or apparent attitude of attack.

After a dog has been classified as dangerous, its owner has 14 days to obtain a certificate of registration for the dog, which shall be renewed annually. Certificates and renewals of certificates will only be issued to those who are at least 18 years old and present sufficient evidence of the following:
1. A current certificate of rabies vaccination for the dog.
2. A proper enclosure to confine a dangerous dog and warning signs posted on the premises notifying both children and adults of the dogs presence.
3. Permanent identification such as a tattoo or 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.

Charlotte County, Florida, provides definitions for the following types of animals in its Code of Ordinances: threatening, dangerous and vicious animal. Pursuant to section 1-4-30 of the Charlotte County, Florida, Code of Ordinances, a dangerous animal is defined as an animal that has down any of the following:
1. Attack a person;
2. Killed or severely injured a domestic animal or was kept for the purpose of animal baiting or fighting;
3. Been a repeat offender under the "threatening animal" prohibitions.

A dog will be a threatening animal if the canine does any of the following:
1. Attacked and injured in any manner a domestic animal;
2. When unprovoked, has chased or approached a person, on or off its owner's or keeper's property, upon public grounds (sidewalks, streets, etc.) in a menacing fashion or apparent attitude of attack;
3. Was found at large (off its owner's or keeper's property) 3 times within an 18-month period or received 3 citations within such period;
4. Was impounded by animal control 3 times, regardless of a time-period;
5. Was found to constitute a threat to public health of safety.
- NOTE: An dog that commits multiple "threatening animal" offenses will be deemed a "dangerous animal."

Responsibilities of the owner of a dangerous dog: Upon determination of their dog as dangerous, the owner of a dangerous dog must:
1. Register the dog with animal control as a dangerous animal;
2. The dog will be listed on the animal control website as a dangerous animal;
3. The dog shall wear a "dangerous animal" tag on its collar at all times;
4. Owner shall obtain permanent identification for his or her dog, either microchip or tattoo.
5. Immediately notify animal control if the dog gets loose or has bitten a person or attacked an animal, has been sold or given away, died or moved;
6. Provide to any new owner of the dog that the dog as been classified as a "dangerous animal;"
7. Placing "dangerous animal on property" signs at all entry points to his or her property, along with a photograph or drawing, making it clear to children that an dangerous animal is on the property;
8. Securely confine the dog indoors or in a locked pen, and animal control has the right to inspect said enclosure at any reasonable time.
9. To take the animal off its owner's or keeper's property, the dog must be under the direct control of a competent person of at least 16 years of age. The dog must wear a muzzle and a substantial leash or chain not to exceed 3 feet in length.
10. Take a color front and side photo of the dog for identification and such photo shell be kept on file by animal control.

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 Southwest Florida man was recently charged with aggravated child abuse after he allegedly performed wresting moves on a 21-month-old boy, fracturing 4 of the toddler's ribs. The man performed the acts on the boy while watching the sport on television. The man was identified as 35-year-old Steve Plummer. The toddler's mother, Alexis Serrano, 26, told investigators the Plummer, her boyfriend, would occasionally slam her son on the bed, using great force. She also informed investigators that she witnessed Plummer punch her son in the ribs, throw a basketball at his abdomen and slam the toddler into a wall. Although Serrano did not personally fear Plummer, she did want the situation between her boyfriend and son to improve. Plummer has been charged with aggravated child abuse and Serrano with child neglect. The boy and his sibling are currently staying with relatives. For more read Florida man charged with child abuse after breaking ribs of toddler while performing wrestling moves.

Adults need to be aware of their strength compared to that of a child's. Although some children may enjoy playful and harmless rough-housing, the potential for injury is still present.

Volusia County, Florida, has experienced a number of child deaths related to drowning so far this year. The drownings are typically the result of inadequate and improper adult supervision over the child. It only takes a few seconds for a child to run out of a house and into a backyard pool. It takes only a few more seconds for that child to become unconscious, suffering permanent personal injuries, or die. Below are some little things parents should consider to improve the safety of their home regarding residential swimming pools:

1. Pool alarms. Pool alarms are either an underwater sensor or a floating device that blares when a calm pool is disrupted. Wristband systems are also available; wristbands are attached to a child's wrist and signal when the child's wrist goes underwater.
2. Pool covers or nets. These are self-latching gates or child-safe mesh fences, which restrict or prevent a child's access to the pool area.

Florida has the highest rate of accidental drownings for kids under 4-years-old. Many of those children that survive the initial trauma are hospitalized with severe brain damage. In 2009, 382 people drowned in Florida. Of those victims, 66 were younger than 4-years-old most of those drownings occurring in residential pools. For more read Volusia County, Florida, experiences high rate of child drownings in residential pools.

In Lee County, Florida, a tragic accident recently took place that ended the life of a 4 year old girl (Jalessa Gonzalez). Police officials reported that Jalessa Gonzalez was hit by a pick up truck (Chevy Silverado) that was driven by Damon Drouin. The automobile accident took place on a driveway when Mr. Drouin was backing up the vehicle. Mr. Drouin did not have a driver's license due to a history of criminal traffic violations. At the time of this incident, he was driving on a suspended license. See Child Struck, Killed When Truck Backs Over Her.

Unfortunately, driveway or back over accidents continue to be reported in Florida and the rest of the United States. The typical driveway is a danger zone for children especially since most drivers are backing up vehicles when departing from the home or apartment complex. Due to the height of a small child as well as the height of vehicles especially pick up trucks, there are blind spots for drivers backing out of a driveway when there are children present.

In Florida, a vehicle is considered a dangerous instrumentality. Because of this, the owner of a vehicle is legally responsible for the negligence of the driver. In evaluating a driveway or back over accident, there are several questions or issues that may arise including the following:

What precautions or safety measures were taken prior to entering the vehicle?

Did the driver check behind the vehicle and near the vehicle for children?

Who was supervising the child at the time of the incident?

What precautions or safety measures were taken when the vehicle was turned on and prior to backing up the vehicle?

Did the driver abruptly back up the vehicle or take a safer slow approach to backing up the vehicle?

Certainly, the loss of a child due to a driveway or back over accident is unexpected and a tremendous loss for the family, neighborhood, church, and community. Dealing with a personal injury or death to a child can be quite challenging for a parent. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Needs to Know - contains chapters on Automobile Accidents, Damages / Compensation, Medical Bills and Treatment, Homeowner's Insurance, and other topics. You can receive a free book by clicking her - Free Child Injury Book - Answers for Parents. The book is also for $4.99 at the following sites: Amazon, iBooks, and Barnes & Noble.

Hernando County, Florida, incorporates Florida Statues sections 767.12(1)(a)-(b) for investigation, classification and appeal purposes of dangerous dogs under Section 6-6 of the Hernando County, Florida, Code of Ordinances. Once a dog has been classified as dangerous, it is the owner's responsibility to obtain a license certificate and tag for the dog. The license will be good for one-year and must be renewed annually. The dog must wear the dog license at all times. Dangerous dog licenses are only distributed to owners who are at least 18 years of age and provide evidence of the following:
1. A current rabies vaccination for the dog;
2. A secure enclosure on the owner's property;
3. Warning signs located at all entry points on the premises notifying both children and adults of the dogs presence on the property.
4. Permanent identification of the dog, such as a tattoo.
5. Payment of the dangerous dog licensing fee.
6. Four color photographs of the dog in different poses showing the color, size and markings of the animal.
7. Sterilization of the dog.

The owner must notify animal services in any of the following circumstances:
1. The dog has become loose or is improperly confined;
2. The dog has bitten a human being or attacked another animal; or
3. The dog is moved to another address.

It is a violation of this section if the dangerous dog is unrestrained or outside of its proper enclosure. However, a violation will not occur if
1. The dog is muzzled; and
2. Restrained by a substantial chain or leach and under the direct control of a responsible person 18-years-old or older, or securely confined within a locked animal carrier.

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 Florida, some Florida counties still permit corporal punishment in the school system as a form of discipline and punishment. It is interesting that a parent who paddles a child at home could get arrested yet a school system (the government) may be able to institute this barbaric and truly outdated form of punishment and get away with it. There was a recent story published in the Gainesville Sun newspaper and website about a 5 Year old boy who was paddled in Levy County, Florida. Unfortunately, paddling is still permitted by law in 27 Florida counties.

The reason that the 5 year old was paddled according to the story posted at the Gainesville Sun website was that the boy was rough housing or misbehaving with a friend. Florida schools are in place to teach and mentor our children. It is really disturbing that corporal punishment / paddling is still allowed in so many Florida school districts. The permissive use of corporal punishment puts Florida and its school system in a bad light and shows the need for reform. Florida schools should move away from archaic and ineffective forms of punishment and abuse of children. See Woman Protests Paddling of Her 5 Year Old Son in Levy County.

Osceola County, Florida, does not specifically provide a definition for "dangerous dogs" under its Code of Ordinances. However, many of the classification procedures and owner requirements are similar to those of other Florida counties. Pursuant to section 4-49 of the Osceola County, Florida, Code of Ordinances once a dog has been classified as dangerous and before the dog can be released, its owner must provide the following within 14 days after receipt of the final determination:
1. A current certificate of rabies vaccination.
2. The existence of a proper enclosure to confine the dangerous dog.
3. The existence of warning signs posted on the owner's premises at all entry points that informs both children and adults of the dog's presence on the property.
4. Permanent identification of the dog, such as a tattoo or implantation.
5. The dog has been sterilized.

A dangerous dog is not allowed outside its proper enclosure unless the dog is muzzled and restrained by a substantial cord or leash and is under the control of a competent person.

The owner also has the responsibility to notify the department in any of the following circumstances:

1. If the dog becomes loose or otherwise unconfined.
2. The dog has bitten a human being or attacked another animal.
3. The dog has been sold, given away or dies.
4. The dog is moved to another address.

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.

Edwin McFarlane, 15, is facing Florida criminal charges after attacking a female student on a school bus. According to a handwritten note released by the Lake County Sheriff's Office, McFarlane, of Minneola, Florida, asked the girl if they could "just move on and forget this all happened ... I am so sorry that even though you told me no, I still tried to [redacted] you ... I thought the moment was right and I was wrong." The charges against McFarlane are so serious that he must remain in custody at Marion Regional Juvenile Detention Center. McFarlane has been arrested on charges of sexual battery and false imprisonment. McFarlane, the victim and another student were riding a bus from an after-school tutoring program to catch other buses that would transport them to their respective homes. Surveillance video on the after-school tutoring bus captured the girl saying "no" multiple times. Although a bus seat obscures some of the action taking place, deputies and investigators reported that the girl was laying on her back attempting to take a nap when McFarlane unbuttoned her shit, touched her breasts, unzipped her pants and touched her inside her underwear. This is not McFarlane's first run-in with law enforcement. Last year, he was also arrested on a false-imprisonment charge that was later dropped within three weeks. Surveillance video from a Burlington Coat Factory in Ocoee, depicted McFarlane exiting the store with a 3-year-old girl. Detectives said he confined the girl, whom he did not personally know, against her will; McFarlane said he helping the girl find her mother. He eventually walked the little girl back to the store where her mother was. A week after he was arrested, McFarlane appeared on Good Morning American to proclaim his innocence. After his appearance and at the request of Orange County Sheriff Jerry Demings, Orange-Osceola State Attorney Lawson Lamar dropped the charges and decided not to prosecute. For more details read Florida teenage boy faces serious criminal charges after attacking girl on school bus.

Of course, Edwin McFarlane will be entitled to representation by a Florida criminal defense attorney or the services of the Florida Public Defender's office. It appears that evidence will consist of the video tape surveillance, witness statements, as well as the statements of Edwin McFarlane himself.

Surveillance video can be helpful in criminal and civil cases as evidence to prove or defend the allegations in the case. As a prevention measure, surveillance video can help deter criminal acts or bad acts if the children or others in video know and understand that the videotape surveillance could get them in trouble.

A Tamarac, Florida man is under investigation with the FBI for his alleged involvement in advertising the performance of sexual services by a teenager over the Internet. Leighton Martin Curtis, a 34-year-old air conditioning serviceman used his personal credit to promote the prostitution of a 17-year-old girl. Curtis is alleged to have prostituted two minor girls, referred to as "K.P" and "L." in court filing papers. Curtis used his mother's Tamarac address as his residence. He currently faces a federal trafficking charge for promoting the prostitution of a minor. If charged he could face anywhere from 10 years to life in prison and a possible fine of $250,000. Prosecutors are expected to provide text messages as evidence detailing the prostitution of the minor females. The text messages reveal one incident in which Curtis drove "K.P." to an appointment with a client, where she earned $300 that she subsequently handed over to Curtis. The relationship between Curtis and the two girls was recently discovered after the teens ran away from him at the Seminole Hard Rock Hotel & Casino. Curtis chased them to Oakland Park. "K.P." escaped to a nearby hotel where guests eventually called police. For more read Tamarac man faces charges for prostitution minor females over the Internet.

Researching for a day care or child care facility for a child can be more difficult that one might expect. In fact, the whole researching process can be very time-consuming and frustrating. Parents may utilize resources such as Internet ads (i.e., advertisements on Craigslist), references from friends, or their own instincts. Other resources including state inspections, quality-rating programs, and referral services do exist but may be more difficult for parents to find or otherwise access. Although Florida does not have a mandatory quality-rating program, Jacksonville, Florida does have a rating program that parents can utilize to select a day care center. The name of the Jacksonville program is the Guiding Stars of Duval. Inspections for health and safety, not quality, are only required. Programs similar to that of Guiding Stars aid child care centers in improving the quality of care provided as well as act as a powerful tool in finding child care. Currently, about 149 centers in Jacksonville have received star ratings.

Below are some tips and concerns when searching for an appropriate and quality child care center:
Accessing Information. Parents should give themselves enough time to adequately research several different child care facilities. Also, parents should be aware of the different types of information that is available to them. State records are available on the Internet to show different violations committed by a center as well as changes in the center's director or other employers. In fact, on the Department of Children and Families child care page there is a link provided where parents can access centers' "inspection reports."

Too young? The younger your child is the more expensive the child care costs. The reason being that infants and younger children require a smaller teacher-to-child ratio, thus making the cost of care more expensive. In fact, because of the excessive costs many centers have given up on infant rooms completely. One resource parents can use is the Early Learning Coalition of Duval. The Early Learning Coalition develops a network with other nonprofit agencies to get the word out about the existing child care centers that provide quality care to both children AND infants.

If you would like to read more see Tips for searching for child care centers in Jacksonville, Florida: What resources are available to searching parents?

Playgrounds provide a fun environment for children to play and exercise. Although these devices can be fun and enjoying for children and their families, playgrounds can also be dangerous. Playground-related injuries can vary in severity: personal injuries can be as minor as a scratch or scrap or as serious as a broken bone or even death. The Consumer Product Safety Commission conducted a study more than 10 years ago that revealed more child deaths occurred on background playground equipments then on public grounds. The CPSC also conducted a study in 2009 that revealed 40 child deaths were associated with playground equipment between 2001 to 2008. The majority of those 40 deaths were the result of hangings or asphyxiations. If you are planning to build a playground set in your backyard consider the following tips:
1. Location. Consider the accessibility of the playground set. Can the equipment be seen from a window? If an accident should occur is it within close distance to the home? It is common for children to play on playgrounds while their parents are inside. Therefore make sure the playground set is visible and you can hear the children while playing.
2. Equipment. Some playground equipment can be more dangerous than others. A CPSC study revealed that climbers caused 23% of all playground-related personal injuries and swing sets were associated with 22%. Make sure to adhere to the manufacturer's instructions when installing playground equipment.
3. Surfaces. A CPSC study revealed that 67% of playground-related personal injuries occurring between 2001 and 2008 involved falls or equipment failure. Plan for these falls by installing impact-absorbing surfaces beneath the playground equipment.
4. Inspection. Overtime playground equipment experiences the normal wear-and-tear. Parents should routinely inspect equipment to ensure it is holding up and still safe for children to play on.

For more read Playground installation safety tips for parents and families.

As the prom season approaches, it is important to remind parents to reinforce car safety rules with their teenage children. Reinforcing and stressing the importance of automobile safety will hopefully ease the worries of parents. In the weekly issue of Healthy Child Report, Arkansas Children's Hospital offered parents some advice on how to deal with addressing these particular issues. Below are 5 critical rules to help in injury prevention during prom night:
1. Address the issue of alcohol on prom night. Many may be surprised that children access alcohol from their own parents. Within the home is one, if not primary, place where minors gain access to alcohol. Therefore, parents should eliminate this problem all together by not keeping alcohol in the home during and around their child's prom.
2. Stress seat belt use. Although seat belts may not fit comfortably across those beautiful prom dresses and tuxedos they should still be worn. Hopefully, you're child will not be involved in a crash but if he or she is a seat belt could save his or her life.
3. NO texting and driving. Texting while driving has been considered just as dangerous as drinking and driving.
4. Limit other distractions. Limit the number of passengers and other distractions such as loud music. Focus and attention on the road should be paramount.
5. Allow only one other teenage friend in the car with your child driver.

Although you teen may be apprehensive to following some of these rules, know that these rules are ultimately life saving and in your child's best interest. For more on this topic read Prom Safety: Alcohol, Automobiles and more. .

Pursuant to section 5-29 of the Code of Ordinances of Orange County, Florida, Chapter 5- Animals, Article II - Animal Services, a dangerous dog is defined as any dog that has:
1. Aggressively bitten, attacked, endangered or otherwise inflicted severe personal injury on a human being on public or private property. This includes the owner's property excluding any attack that was made in defense of the owner, or the owner's home, in response to an action of the person injured or attacked;
2. Severely injured or killed a domestic animal while off the owner's property;
3. Been used primarily or in part for dog fighting or is a dog trained for dog fighting;
4. When unprovoked, chased or approached a person upon public grounds (i.e., streets and sidewalks) in a menacing fashion or apparent attitude of attack.

NOTE: Dogs used by law enforcement officials for law enforcement work are specifically exempt from the provisions defining a dangerous dog.

The owner of a dog that has been classified as dangerous has the responsibility of obtaining a certificate of registration and dangerous or potentially dangerous dog identification tag for the dog. The dog must wear the ID tag at all times and the certificate of registration must be renewed annually. Certificates of registration will only be issued to those owners that are at least 18 years of age and provide sufficient evidence of:
1. A current rabies vaccination for the dog. The vaccination tag shall be displayed on the dog at all times.
2. The owner's premises has an approved enclosure to confine the dog and has clearly visible warning signs posted on the premises at all entry points to inform both adults and children of the dogs presence.
3. Permanent identification of the dog such as a tattoo or an electronic implantation.
4. If the owner is leasing or renting the property upon which he or she resides, the owner must obtain written acknowledgement from his or her landlord.
5. Completion of the county's responsible pet ownership class.
6. The dog must also be permanently sterilized within 14 days of being classified as dangerous.

The owner of a dangerous or potentially dangerous dog must also notify the animal services devision within a 24-hour period if the dog:
1. Has become loose or unconfined;
2. Has bitten a human being or attacked another animal;
3. Is sold, given away or dies; or
4. Is moved to another address.

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 bikini-clad girl allegedly started an uproar at a Burger King in Panama City, Florida, which turned into an all out food fight. The woman was identified as Kimesa Smith from Alabama. The incident was captured by cell phone video and later posted on YouTube. The video shows Smith and other women attempting to rush the cooking area of the fast food joint (Burger King) after Smith allegedly claimed it was taking too long to cook her order. The woman in the video is pictured jumping onto the counter and tossing objects. Her acts ignited onlookers and started a full on brawl, leaving the floor of the restaurant covered in ketchup, soda, burgers and fries. Police officers were called to the scene and Smith was subsequently arrested and charged with battery. This fight comes only a few weeks after a woman from Broward County, Florida, lost control in a Burger King over her order. For more information read Spring breaker starts food fight at Burger King in Panama City, Florida.

This is the time of year when teens and college students are going on spring break vacation, Florida being a popular destination choice. If your family happens to be vacationing during this time try to keep your children away from establishments that cater to young spring breakers. Sometimes these environments are not necessarily appropriate or safe for young children.

A child has been hospitalized after what appears to be a near-drowning incident. The incident occurred in a pool at an Orange County, Florida, home on the 1800 block of Hites Court. Few details were released in the initial report of the drowning incident. For more information read Child hospitalized after near-drowning incident in an Orange County, Florida, home.

As spring and summer approach, water-related accidents will increase. If you have a pool at your home make sure your child's access to the pool is restricted: lock screen doors and surround the pool with a fence or other protective barrier. Also, children should not be permitted to swim if they are fatigued. Another key method to preventing child drownings is to maintain constant and direct supervision on the child while he or she swimming.

Manatee County, Florida, incorporates Florida Statute Section 767.11 into its Code of Ordinances under Section 2-4-2 to define a "dangerous dog." Under the state statute, a "dangerous dog" is defined as any dog that has:
1. Aggressively bitten, attacked, endangered or otherwise inflicted severe personal injury on a human being on public or private property;
2. On more than one occasion, severely injured or killed a 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 for dog fighting; or
4. When unprovoked, chased or approached a person upon public grounds (streets, sidewalks, parks, etc.) in a menacing fashion or apparent attitude of attack.

Section 2-4-10 of the Manatee County, Florida Code of Ordinances concerns Vicious animals and dangerous dogs. Under this section Chapter 767, Florida Statutes, pertaining to dangerous dogs are adopted in their entirety. The owner of a dog classified as dangerous must obtain a certificate of registration for his or her dog. Certificates and their renewals will only be issued to those persons who are at least 18 years of age, pay the appropriate and present sufficient evidence satisfying the requirements of Section 767.12, Florida Statutes. In addition to the statutory requirements, an owner must also:
1. Sterilize the dog within 30 days after the dog is declared dangerous;
2. Provide proof of a current health certificate for the dog, issued by a veterinarian;
3. Have the dog micro-chipped and registered to its owner at his or her current address;
4. Provide a secure enclosure to properly confine the dog; and
5. Provide access to the property and the dog for no less than 2 inspections annually.

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.