Posted On: June 30, 2011

What Are the Barrier Requirements for Florida Residential Swimming Pools?

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Swimming pools should be a happy and fun place for children. Unfortunately, many Florida and American families face swimming pool- related tragedies each year: drownings and near drowning of children. However, Florida Statute §515.29 sets forth barrier requirements for residential swimming pools to help prevent these type of drownings.

The statute requires all residential swimming pool barriers to have the following characteristics:

• The barrier must be a minimum of four feet high on the outside.
• The barrier may not have any openings that would allow a child to get through the barrier.
• The barrier must be situated around the perimeter of the pool.
• The barrier must allow sufficient space from the water’s edge to prevent a child or medically frail. elderly person from immediately falling into the water if they happen to penetrate the barrier.

Swimming pool-related drowning of young children have one particularly dangerous feature: they are silent deaths. It is unlikely that a child in distress will splash or scream to alert a parent that they are in trouble. The U.S. Consumer Product Safety Commission has studied a great deal of data on child drowning, as well as information on pool barrier construction. The Commission concluded the best way to reduce incidents of child drowning and injury in residential pools was for owners to construct and maintain barriers that would prevent children from gaining access to the pools. However, there is nothing better than undeviating supervision.

For more information on pool barrier requirements, see Florida Statute §515.29 Residential swimming pool barrier requirements .

Posted On: June 29, 2011

Is It a Crime to Fail to Comply with the Florida Residential Swimming Pool Laws?

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Florida is home to more pools than any other state in the United States. As such, it is not surprising that many children suffer accidental deaths every year in Florida as a result of drowning in a swimming pool.

According to the Consumer Products Safety Commission, there are approximately 1,900 swimming pool-related drowning deaths in the United States every year. Of this number, 300 children are under the age of five years. Although some accidental drowning does occur at public pools, the majority of these fatalities occur at residential pools. In response to the large number of drowning deaths for children, the Florida Legislature passed Florida Statute §515.27, the Residential Swimming Pool Safety Feature Options; Penalties.

This statute requires a residential swimming pool to meet one of the following safety features before it can pass final inspection and receive a certification of completion: (a) The pool must be separated from the home by an enclosure that meets the requirements of §515.29; (b) The pool must have an approved safety cover; (b) All house windows and doors having direct access to the pool must be equipped with an exit alarm with a minimum sound pressure rating of 85 dB A at 10 feet; or (d) All house doors providing direct access to the pool must be equipped with a self-closing, self-latching device with a release mechanism placed no lower than 54 inches above the floor. Failure by a person to meet one of the above safety features could result in a Florida criminal misdemeanor charge the second degree. However, no penalty will result if the person equipped their pool with at least one safety feature within 45 days after the arrest or summons, and that person also attended a drowning prevention education program established by §515.31.

For more information see, Florida Statute §515.27, the Residential Swimming Pool Safety Feature Options; Penalties.

Posted On: June 28, 2011

Florida Day Care Centers - What Rules / Laws Apply to Fire Drills and Emergency Plans?

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Pursuant to Chapter 65, Rule 65C-22.002 - Physical Environment, Florida Day Care Centers are required to provide and maintain outdoor equipment including playground equipment in good repair and safe condition. Fire drills shall be conducted at least 10 times at various dates and times with attending children. At a minimum, the fire drills conducted must include: 1. One fire drill during napping/sleeping times; 2. One fire drill using different alternate evacuation routs; and 3. One fire drill in the presence and at the request of the licensing authority. The day care operator must develop a emergency preparedness plan, in writing, which must at least include the procedures to be used to be taken by the facility during a fire, lockdown and inclement weather (i.e., hurricanes, tornados).

Being prepared in the event of an emergency is one of the best to protect the lives, safety and over all well-being of children. The more emergency plans are practiced and children become familiar with the procedures, the more likely everyone will survive the emergency of event without sustaining any personal injuries.

Posted On: June 27, 2011

Florida Day Care Centers - What Rules / Laws Apply to Outdoor Equipment and Playgrounds?

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Playground injuries are fairly common at Florida day care centers and could require hospital treatment. According to research, compliance with guidelines or standards can reduce the incidence of such injuries. The Florida Administrative Code, Rule 65C-22.002- Physical Environment, established the standards for outdoor equipment at a day care center.

All playground equipment at a child care center should be appropriate for the children’s age and development. Preschool and school-age children differ dramatically in their physical size and ability as well as their cognitive and social skills. As such, playground designs should accommodate these differences with regard to the type of equipment.

The playground equipment should be properly secured and maintained to ensure safe usage by the children. At least every other month, maintenance should inspect all above and below supports, connectors and moving parts on the playground equipment.

All equipment, permanent or stationary, must have a ground cover or other protective surface to absorb the shock of falls. The U.S. Consumer Product Safety Commission recommends at least 12 inches of safe ground cover. According to the Commission, acceptable forms of ground cover include: mulch, sand, wood chips, pea gravel, or rubber mats.

Regular inspections of the playground equipment ensure that the objects are free from sharp, broken and jagged edges that could harm children, and the equipment should be placed properly to prevent overcrowding in any one area. Lastly, the equipment should be constructed in an area that allows for water drainage.

For more information on this topic, see Rule 65C-22.002.


Posted On: June 26, 2011

Florida Day Care Centers - What Rules / Laws Apply to Napping and Sleeping Space?

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Pursuant to Chapter 65, Rule 65C-22.002 - Physical Environment, Florida Day Care Centers are required to provide and maintain adequate, safe, and healthy napping and sleeping space for the children enrolled in the day care center. Every child care facility must include a designated area where each child can sit quietly or lie down to rest or nap. While the floor space in not being used for napping space, the space may be used interchangeably with indoor floor space. Napping and sleeping spaces shall not be under furniture or against furniture. Napping and sleeping space shall also not interfere with exit areas, which must remain clear so as to comply with fire safety regulations. Children 1-year-old and younger must be in an individual crib, portacrib or playpen with sides. While the infant is inside the crib, the cribs sides must be raised and secured and bar spacings are not to exceed two and three-eighths inches. Young infants who are incapable of rolling over on their own when napping or sleeping shall be placed on their back and on a firm surface in order to reduce the risk of Sudden Infant Death Syndrome (SIDS). This shall be done with every infant, unless an alternate position has been authorized in writing by a physician.

Posted On: June 25, 2011

Florida Day Care Centers - What Rules / Laws Apply to Indoor Floor Space and Play Areas?

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Pursuant to Chapter 65, Rule 65C-22.002 - Physical Environment, Florida Day Care Centers are required to provide and maintain indoor floor space and play areas in a safe condition. A child care facility must be 20 square feet of usable indoor floor space per child. "Usable indoor floor space" refers to the space available for indoor place, classroom, work area, or nap space. In addition, each room that is routinely occupied by children shall also have a minimum of 20 square feet per child at all times. If a facility cares for infants, the facility must have open indoor floor space outside of cribs and playpens.

Children need an adequate amount of play space aside from where they rest/sleep, eat and, in the case of infants, changed. Not only will adequate space provide a safe environment inside the facility, but also a sanitary environment. Children can make a mess and keeping them from being on top of one another is beneficial to their health and safety.

Posted On: June 24, 2011

Mother Pushing 14 Month Old in Stroller Hit by Vehicle in Fort Lauderdale, Florida

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According to a new report by Transportation of America, the greater Orlando area is the deadliest urban center in the United States for pedestrians, and three other Florida metro areas rank in the top five: Tampa-St.Petersburg-Clearwater, Jacksonville and Miami-Fort Lauderdale-Pompano Beach ranked second, third and fourth respectively on the list of metro areas of one million residents or more.

A mother pushing her 14-monht-old son in a stroller was struck by a Ford F-150 truck while walking down a Fort. Lauderdale street. According to the police, the incident occurred in the area of Northwest 19th Street and 29th Avenue. Both the mother and child were rushed to Broward General Medical Center as a trauma alert. The driver of the truck stayed at the scene. The cause of the accident was not clear, but the police said they are still investigating.

The study also showed that 47,700 pedestrians died in traffic accidents over the past 10 years and more than 688,000 were injured. Half of these pedestrian fatalities occurred in wide, multilane roads that are designed to move large numbers of cars. Florida cities as well as cities across the United States are taking steps to reduce pedestrian accidents, including crosswalk enforcement, improving cross walk signal technology and installing countdown-timer signals that would tell people how many seconds they have to cross. For more information, see mother, young son hit by truck while walking.

Posted On: June 23, 2011

Construction Worker Hit by Pickup Truck Along I-75 - Robert Armstrong, Jr. Survived by 4 Month Old Daughter and Other Family Members

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A tragic work related accident has left a young Brandon construction worker dead. Robert Armstrong Jr., 19-years-old was removing a message board for Pepper Contracting Services when the driver of a pickup truck lost control and veered onto the shoulder. According to Sergeant Janice Drake of the Florida Highway Patrol, the sign he was picking up was a radar device that tells you how fast a person is traveling through a construction zone. The driver of the pickup truck was Logan Feagle, 21, from Land O’ Lakes, Florida. The Florida Highway Patrol is still investigating the cause of the deadly accident. Armstrong is survived by his four–month-old daughter, fiancée and other family members. Angela Coleman, Armstrong’s future mother –in-law, sends a message to all motorists that drive through construction zones with workers present: “Please slow down. Please pay attention.”

According to Florida Department of Transportation’s (FDOT) most recent statistics, 97 people were killed and 6,305 people were injured in Florida work zone crashes in 2009. Drivers and their passengers account for a majority of construction zone crashes, according to FDOT statistics. FDOT urges all motorists to drive safely in construction zones by following these safety tips:

• Always be alert: Anything can happen when entering a work zone.
• Do not tailgate other vehicles: Unexpected stops often occur in work zones.
• Do not speed: Pay attention to reduce speed limits in and around the work zones.
• Minimize distractions: Avoid cell phone use and changing radio stations while driving in the work zone.
• Expect the unexpected: Pay special attention to workers and their equipment.

For more information on this topic, see construction worker killed along I-75.

Posted On: June 22, 2011

Florida Day Care Centers - What Rules / Laws Apply to Outdoor Play Areas and Playgrounds?

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Child care will become a common experience for the majority of children living in Florida. Many families with children under the age of six have parents that work outside the home. Therefore, in order for parents to be able to work and meet basic economic obligations, child care becomes a vital aspect of daily life. The Florida Legislature has recognized the importance of safety and quality in child care.

The Florida Administrative Code, Rule 65C-22.002- Physical Environment, sets forth requirements that all Florida Day Care Centers are required to follow in regards to their outdoor play areas and playgrounds. The outdoor play area, which should be clean and free of hazards and litter, must be 45 square feet per child in any group using it at a time. The play area should provide shade and must be adequately fenced in accordance with local ordinances to protect children from water hazards nearby such as pools, ditches, and retention or fish ponds. Accidental drownings are the leading cause of death in young children, so it is crucial that all fences do not have any gaps that would allow children to exit the outdoor play area. In addition, the child care faculty must situate themselves in an area where they can properly supervise the children at all times. For more information, see Rule 65C-22.002.

Posted On: June 21, 2011

Tragic Automobile Accident in Clermont Florida - Two Teens Die - One Teen Suffers Personal Injuries

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A tragic automobile accident in Clermont, Florida resulted in the deaths of two teens. According to a preliminary investigation by the Florida Highway Patrol, Anthony Santiago lost control of his vehicle as he tried to negotiate a curve. Santiago and Tanner Guidry, both 16-years-old were killed in the accident. Another passenger, 15-year-old Francisco Ontiveros survived the crash, but he was flown to Orlando Regional Medical Center in serious condition. The other driver, 33-year-old Ciara Rodriguez was also hospitalized with serious injuries and her vehicle caught on fire after the crash, said the FHP.

According to the Centers for Disease Control and Prevention, motor vehicle accidents are the leading cause of deaths for teens in the United States. About 3,000 teens in 2009 aged 15-19 were killed and more than 350,000 were injured. Fortunately, proven strategies can help prevent crashes and improve the safety of young drivers.
Research shows that graduated drivers licensing (GDL) programs are associated with a decrease of 38 percent in fatal crashes and 40 percent of injury crashes among 16-year-old drivers. GDL programs are designed to delay a teen’s full license while allowing them to get initial driving experience under low-risk conditions.

Florida’s GDL laws has three stages:

1. Learner’s License: Teens must be at least 15-years-old to apply for a learner’s license. With a learner’s license, your teen can only drive during daylight hours for the first three months and until 10 p.m. after. The teen must always be with a licensed driver who is at least 21-years-old in the front seat.

2. Intermediate License: Teens must be at least 16-years-old and have had their learner’s license for at least one year without any traffic convictions. Their driving privileges are based on their age.

3. Full Privilege License: When a teen turns 18-years-old, all restrictions are removed from their license.

Florida parents should become familiar with Florida’s GDL laws so they can help enforce the laws. As a result, they can help keep their teens and other teen drivers safe. For more information on this topic, see teens killed in firey Clearmont crash.


Posted On: June 20, 2011

Drowning at Summer Camp Prompted Parents to Distribute Safety Tips to Camps and Other Parents

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In July 1998, parents Robert and Jodi Scheinfeld lost their oldest child Jeremy at age 10. Jeremy drowned in a river outside the summer sleep- away camp grounds. In an attempt to raise awareness regarding safety at summer camps, the Scheinfelds offer parents guidelines to evaluate whether or not to send a child to a camp. The guidelines encourage parents to take a more active role in evaluating camp safety, and also think that by doing so camps will take greater precautions. Although the American Camping Association provides accreditation to camps for meeting certain industry standards, the following check list is from a parent’s only perspective.

The guidelines:

• Do not take for granted that a camp is safe. Even if you attended or worked at the camp before or your child went there last summer, safety standards can always be re-evaluated.

• Does the camp have ACC accreditation? Although accreditation does not assure safety, it does evaluate many industry standards concerning safety, health, program and camp operations, and it does provide helpful operational and education support to over thousands of camps.

• Review the camp’s written plan for safety.

• Check the camp’s history of code compliance with state regulations governing the camp’s operation.

• Learn about staff training or counselor orientation programs to understand what the counselors are taught and by whom.

• Understand that your child’s safety and well-being depends directly on the type of counselors the camp hires.

• Ask about the camp’s supervision of water-related activities.

• Review the camp’s program or activity schedule.

Despite their son’s death almost eight years ago, the Scheinfelds still believe in camping. Last summer, two of their children attended day camp, two attended sleep-away camp and their oldest was a counselor. But at each of those camps, safety was and will remain the number one priority. For more information on this topic and to view the complete list of safety guidelines, see Jeremy's camp safety guide for parents.


Posted On: June 19, 2011

How Does Palm Beach County (Boca Raton, Boynton Beach, Delray Beach, Glen Ridge, Golf, Jupiter, Lake Worth, Palm Beach, Palm Beach Gardens, Tequesta, Wellington, and West Palm Beach) Florida Define a Dangerous Dog? - Dog Bites and Rights of the Injured

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Pursuant to section 4-2 of the Palm Beach County, Florida, Code of Ordinances, a "dangerous dog" is defined as any dog that
1. Has aggressively bitten, attacked, endangered or inflicted severe injury on a human being on public or private property;
2. Has more than once severely injured or killed a domestic animal while off the owner's property;
3. Has been used primarily on or in part for the purpose of dog fighting or is a dog trained for dog fighting;
4. Has, when unprovoked, chased or approached a person upon the streets, sidewalks or any public grounds in a menacing fashion or apparent attitude of attack.

Exceptions: A dog shall not be declared dangerous
1. If the threat, injury or damage was sustained by a person who, at the time, was unlawfully on the property.
2. If the threat, injury or damage was sustained by a person who, at the time, while lawfully on the property, was tormenting, abusing, or assaulting the dog or its owner or a person in the immediate household of the owner.
3. If the dog was protecting or defending a human being within the 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.

Posted On: June 18, 2011

Tragedy in Clermont, Florida - 10 Year Old Boy (Anthony Paul Moore) Hit by Pick Up Truck at Bus Stop

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According to the National Safety Council, 22 million children across the country ride the school bus to and from school. Unfortunately many children are injured each year and some are sadly killed.

Anthony Paul Moore, ten-years-old was tragically hit by a pickup truck and killed while waiting for the school bus in Lake County. According to the Florida Highway Patrol, the incident occurred on Lake Minneola Shores Road near Oklahoma Street in Clermont. Moore was taken to Southlake Hospital where he was sadly pronounced dead. Mario Alberto Saucedo, 39, of Clermont was allegedly driving without a license and traveling over the speed limit. The FHP said Saucedo was taken to the Lake County Jail and faces other charges. The Minneola Elementary School bus had not arrived when the accident occurred.

The death of a child is a tragic loss to their family, friends and community. There are a few things that parents, children and motorists can do to help prevent school bus related accidents.

Safety Tips for Children
• Children should walk safely to the bus stop and stay five giant steps away from the road.
• When the school bus arrives, children should never move toward the bus until the doors open.
• While on the bus, students should stay in their seat until the bus stops and the driver opens the door.

Safety Tips for Drivers
• Drivers must obey reduced speed limits during school hours and remember that speeding fines are doubled in school zones.
• Vehicles must stop in all directions upon approaching any school bus, and may not pass the bus until the signal has been withdrawn on two-lane roads without an unpaved space of five feet or more physical barrier.
• Drivers should be aware that school buses stop at all railroad crossings

For more information on this topic, see boy killed while waiting for bus ID'd.

Posted On: June 17, 2011

Volusia County - Man Arrested Who Tried to Grab Girl at Florida Day Care Center

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Last week a man tried to snatch a child at a Volusia County daycare center. The perpetrator was Gustavo Dominguez, 26, of Deltona. He was charged with kidnapping and was booked into the Volusia Country Branch Jail on $10,000 bail.

According to Dennis Mulder, a former mayor and the daycare center’s director, Dominguez jumped the daycare’s fence and approached the nearest child. He said the suspect picked up a 5-year-old girl and started talking nonsensically. According to the Volusia County Sheriff’s Office, Dominguez repeatedly said “I’m the one,” and talked about how he wanted to take the girl to paradise. A female employee quickly snatched the child and yelled for help, and Dominguez fled.

It was reported that deputies had the man in custody within 10 minutes of the call. The Sheriff’s Office said that the five-year-old girl was not harmed and said did not know Dominguez. According to jail records, Dominguez had been arrested seven times since 2001. He also was Baker Acted on at least three occasions.

Child abduction is a parent’s worst nightmare and the scary reality is that it can happen anywhere, including a Florida day care center. Jacksonville parents/ all parents should inspect prospective day care centers to make sure it is properly secured to keep out strangers before trusting a day care center with their child’s safety. For more information on this topic, see man who jumped day-care fence, tried to grab child caught, deputies say.

Posted On: June 17, 2011

Is There a Legal Obligation to Provide a Lifeguard at a Swimming Area in the State of Florida?

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According to the Centers for Disease Control and Prevention, about 4,000 people die from drowning in the United States each year. Drowning is the leading cause of unintentional injury death among all ages. In addition, drowning is the second leading cause of unintentional injury related death among children ages one to 14, with more than 1, 5000 children killed in water accidents each year. Most drowning incidents are preventable through means such as providing lifeguards in areas where swimmers frequent and encouraging the use of such protected areas.

The decision to provide lifeguard protection can be influenced by civil liability laws, which can hold the owners of swimming areas and the lifeguards they employ responsible for fatal/ nonfatal injuries. One aspect of liability involves an act of wrongdoing or misconduct. In most states, lifeguards are expected to act within a standard of care; a variation from the standard of care may result in liability. Another aspect of liability involves the level of warnings or protection provided and the condition of the facility.

Municipalities in Florida have the choice to operate a designated swimming area at the beach; however, once they decide to operate a swimming area, they assume a common law duty to operate it safely. Florida courts will consider the following factors when determining liability for a drowning: previous knowledge of the danger, the presence of lifeguards and the adequacy of warnings.

Usually, a private Florida landowner, such as a hotel owner, does not have a duty to post lifeguards on public beaches or warn guests of possible dangers. However, if the hotel designates the beach as a swimming area, it assumes the duty to provide adequate safety precautions. In addition, even if a swimming area is not designated, the landowner may still have a duty to operate it safely in accordance with local ordinances or contractual agreements with beach vendors.

It is clear that lifeguards can significantly reduce the number of drowning related deaths and injuries in Jacksonville as well as other States. As such, the laws which encourage the use of lifeguards can enhance public safety. For more information on this topic, see the legal implications of providing lifeguard protection.

Posted On: June 16, 2011

Winter Haven Girl Attacked - Video Posted Online - Arrests Made in Polk County, Florida

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Around the Florida and the nation, police and parents are seeing a growing trend for teenage girls to settle disputes with their fists. According to statistics, one out of every four episodes of teen violence is perpetrated by teenage girls, up from just a generation ago when it was one and 10. The Justice Department said that it is not just boys anymore but violence among girls is increasing.

In Winter Haven, Florida, two teenagers were accused of beating a girl in a fight and posting the fight online. The alleged perpetrators were Walter Bouiye, 18, of 1695 Marshall Road and his 16-year old sister. Bouiye was booked Wednesday into Polk County Jail and charged with child abuse and contributing to the delinquency of a minor. His sister was charged with battery and taken to the juvenile detention center; the police withheld her name because she is a juvenile and charged with a misdemeanor-level crime. Of course, any person including a juvenile charged with a crime will be entitled to defend himself or herself against the charges through the legal representation of a Florida criminal defense lawyer or the services of the Public Defender's office.

The incident occurred on Monday about 4:30 p.m. on Marshall Road when the brother and sister approached the 14-year-old victim in the neighborhood. According to the police, Bouiye’s sister and the 14-year-old began to fight over a boy. Bouiye jumped in and punched the 14-year-old in the head, and then at one point kicked her on the right side of her face, police said. Someone broke up the fight and the crowd ran away as the police arrived. Officers were able to identify the brother and sister through witnesses at the scene, but the video of the fight online also helped.

Increasingly girl fights in Jacksonville and nationwide are being recorded and posted on the internet, which can make the problem even worse. Experts say this can also lead to cyber bullying. Jerry Newberry, executive director of the National Education Association Health Information Network, said, "The problem with anything on the Internet is that it's not a one-time incident. It doesn't happen in the hallway; it gets recorded over and over and over." Educators and police say that although images of teen fighting on the internet have become more common, effective solutions are hard to find. For more information on this topic, see teens arrested for beating Winter Haven girl in attack that was posted online.

Posted On: June 15, 2011

How Does Hillsborough County ( Apollo Beach, Brandon, Plant City, Tampa, Valrico, Wimauma, and Ybor City) Florida Define a Dangerous Dog? - Dog Bites and Rights of the Injured Person

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Hillsborough County, Florida, incorporates Florida Statue sec. 767.11 into its Code of Ordinances to provide the definition of a "dangerous dog." If you would like to read the plain language of the applicable Florida Statute see the state's official website under Chapter 767 - Damage by Dogs.

Dangerous dogs are addressed under section 6-43 of the Hillsborough County, Florida, Code of Ordinances. The provisions of chapter 767, Florida Statutes, pertaining to the adoption, all procedures, regulations, requirement and restrictions are applicable. After a dog has been classified as dangerous the owner must obtain a certificate within 14 days from the date of receipt of the notice of intent to declare the dog dangerous. A certificate will only be issued to those owners who are lest 18-years-old, pay the appropriate fee and present sufficient evidence of the requirements provided for in section 767.12, Florida Statutes. In addition, the dog's owner must also:
1. Sterilize the dog within 30 days of being declared dangerous; and
2. Register for, and attend to completion, dog obedience training from an instructor approved by the department; and
3. Provide the department proof of a current health cerfiticate for the dog issued by a veterinarian; and
4. Have the dog micro-chipped and registered to the owner at his or her current address; and
5. Post approved signage obtained from the department at intervals determined by the department at all entrances of the property; and
6. When outside its mandatory proper enclosure, the dog must be muzzled, restrained by a substantial chord or leash, and under control of a competent person. In addition, a passive head restraint collar or harness is required; and
8. Receive training provided by the department on responsible pet ownership 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.

Posted On: June 14, 2011

How Does Sarasota County (Nokomis, Osprey, North Port, Sarasota, and Venice) Florida Define a Dangerous Dog? - Dog Bites and Rights of the Injured Person

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Sarasota County, Florida, incorporates Florida Statue sec. 767.11 into its Code of Ordinances to provide the definition of a "dangerous dog." If you would like to read the plain language of the applicable Florida Statute see the state's official website under Chapter 767 - Damage by Dogs.

Vicious Animals are addressed under section 14-40 of the Sarasota County, Florida, Code of Ordinances. The following criteria subject an animal to a vicious animal investigation:
1. If the animal has a propensity, tendency, or disposition to attack. to cause injury to, or to otherwise endanger the health and safety of human beings or other domestic animals;
2. The animal has aggressively bitten, clawed or otherwise attached a human being or other domestic animal without adequate provocation;
3. The animal, without adequate provocation, exhibits aggressive behavior or creates a reasonable apprehension of immediate injury;
4. The animal, because of temperament, conditioning or training, has known propensity to bite or otherwise exhibit aggressive behavior causing injury to human beings or domestic animals or creates a reasonable apprehension of immediate injury;
5. The animal is defined and certified as a dangerous dog under Chapter 767, Florida Statutes.

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.

Posted On: June 13, 2011

How Does Lee County (Bonita Springs, Cape Coral, Estero, Fort Myers, and Sanibel) Florida Define a Dangerous Dog? - Dog Bites and Rights of the Injured Person

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Lee County, Florida defines a "dangerous animal" under section 6-30 of its Code of Ordinances. Pursuant to section 6-30, a "dangerous animal" is defined as any animal that has:
1. Aggressively bitten, attacked or endangered or has inflicted severe injury on 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. Has been used primarily or in part for the purpose of fighting or is an animal trained for fighting; or
4. When unprovoked, chased or approached a person up the streets, sidewalks, or any public grounds in menacing fashion or apparent attitude of attack.

Section 6-44 - Dangerous Animals, establishes the certain obligations on the owner of a animal classified as dangerous.
1. An animal declared as dangerous must be confined in a secure enclosure on the premises of it owner or keeper.
2. The dangerous animal shall not be allowed off the premises of its owner or keeper unless such animal remains: a). inside a secure marked carrier identifying the animal as dangerous; or b). under the physical control of its owner or keeper who is competent and over the age of eighteen (18) years, securely muzzled and restrained by a chain with a tensile strength of 300 pounds and does not exceed 3 feet in length attached to an approved harness which identifies the animal; or c). subject to conditions established by the director of domestic animal services.

A dangerous animal that is impounded cannot be released until
1. The owner or keeper of the animal agrees to confine and restrain the animal.
2. Provides proof that the animal has been electronically implanted, sterilized, vaccinated for rabies and has made payment of a one-time dangerous dog registration fee.
3. Posts warning signs with attached number identifying the dangerous animal on the owner or keeper's premise stating "Dangerous Animal" on the property at al entry points to 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.

Posted On: June 12, 2011

How Does Miami-Dade County (Aventura, Bal Harbour, Coconut Grove, Coral Gables, Cutler Bay, Doral, El Portal, Hialeah, Kendall, Key Biscayne, Miami, Miami Beach, Miami Lakes, Miami Shores Village, Miami Springs, Palmetto Bay, Pinecrest, South Miami, a

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Dangerous dogs are addressed in the Miami-Dade County, Florida, Code of Ordinances, under sections 5-22 and 5-23. In Miami-Dade County, Florida, a party is liable to another if his or her dog commits any of the following acts:
1. When unprovoked, the dog endangered, attacked or bit a human;
2. When unprovoked and while off the responsible party's property, the dog severely injured or killed a domestic animal;
3. The dog has been used for dog fighting, or has been trained for dog fighting; or
4. When unprovoked, the dog has chased or approached a human in a menacing fashion or apparent attitude of attack upon streets, sidewalks, or any other public grounds or common area of a private building or development.

Exceptions. The responsible party is not liable, and the dog shall not be determined as dangerous, if the threat, injury, or damage was sustained:
1. By a human who, at the time was unlawfully on the property of the responsible party;
2. By a human who, while lawfully on the property of the responsible party, was tormenting, abusing, or assaulting the dog, the responsible party, or another person lawfully on the property; or
3. While the dog was protecting or defending a human from a unjustified attack or assault; or
4. By a human who was engaged in or attempting to engage in a criminal activity at the time of the attack; or
5. While the dog was engaged in a legal hunt or in a legal sport or exhibition; or
6. While the dog was engaged in law enforcement work under the direction of a law enforcement officer.

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.

Posted On: June 11, 2011

How Does Monroe County (Big Pine, Islamorada, Key Colony Beach, Key Largo, Key West, Layton, Marathon, Sugarloaf Key, and Tavernier) Florida Define a Dangerous Dog? - Dog Bites and Rights of the Injured Person

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Monroe County, Florida, specifically defines a "dangerous dog" as any dog that has:
1. Aggressively bitten, attacked, or endangered or has inflicted severe injury on a human being on public or private property;
2. Has more than once severely injured or killed a domestic animal while off the owner's property;
3. Has been used primarily or in part for the purpose of dog fighting or is a dog trained for dog fighting; or
4. Has, when not provoked, chased, or approached a person upon the streets, sidewalks, or an public grounds in a menacing fashion or apparent attitude of attack.
(See section 4-1 of the Monroe County, Florida, Code of Ordinances).

Exceptions. The following actions are not included in the definition of of a "dangerous dog":
1. A dog that bites or attacks a person or animal, when the injured person or animal provoked, tormented , tortured or treated the animal cruelly or is unlawfully on the property of the owner; or
2. A dog that is responding in a manner that an ordinary and reasonable person would conclude was designed to protect itself or another animal or a person if that person is engaged in lawful activity and is the subject of an assault or batter or animal attack; or
3. A dog that was engaged in law enforcement worked under the direction of a law enforcement officer; or
4. A dog that was engaged in a legal hunt or in a legal sport or exhibition (i.e., obedience trial, conformation show, field trial, hunting/retrieving trial, or herding trial).

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.

Posted On: June 10, 2011

How Does Okeechobee County (Cypress Quarters and Okeechobee) Florida Define a Dangerous Dog? - Dog Bites and Rights of the Injured Person

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Okeechobee County, Florida, incorporates the Florida Statute section 767.12 regarding the classification, certification of registration and other requirements of the statute that concern dangerous dogs. If you would like to read the plain language of the statute see the State's official website under Chapter 767 - Damage by Dogs.

Pursuant to section 10-95 of the Okeechobee County, Florida, Code of Ordinances, the owner is provided an opportunity for a hearing prior to a final hearing on the determination of his or her dog as a 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.

Posted On: June 9, 2011

How Does Pinellas County (Bay Pines, Belleair, Clearwater, Dunedin, East Lake, Indian Rocks Beach, Palm Harbor, Safety Harbor, St. Petersburg, Sunset Beach, Tarpon Springs, and Treasure Island, Florida Define a Dangerous Dog? - Dog Bites and Rights of th

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Pinellas County, Florida, provides a definition for an "dangerous animal" under its Code of Ordinances. Pursuant to section 14-26, a "dangerous animal" means any animal that:
1. Has aggressively bitten, attacked or endangered or has inflicted severe injury on a human being on public or private property;
2. Has more than once severely injured or killed a domestic animal while off the owner's property; or has once severely injured or killed a domestic animal while off the owner's property, so long as the victim animal did not instigate the altercation.
3. Has been used primarily or in part for the purpose of dog fighting or is a dog trained for dog fighting; or
4. Has, when unprovoked, chased or approached a person in a menacing fashion or apparent attitude of attack.

Dangerous animals are addressed in the Pinellas County, Florida, Code of Ordinances, under section 14-64. The following obligations are created under sec. 14-64:
1. Any animal that is the subject of a dangerous animal investigation, that is not impounded with animal services, shall be maintained by the owner in a proper enclosure.
2. The owner must pose clearly visible warning signs at all entry points that inform both children and adults of the dog's presence on the property when the animal is kept.
3. The owner may not permit the animal to be outside of its proper enclosure, unless the animal is muzzled and restrained by a substantial chain or leash and under the control of a competent person over the age of 18.

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.

Posted On: June 8, 2011

How Does Pasco County (Dade City, Holiday, Hudson, Land O' Lakes, New Port Richey, \ Port Richey, and Zephyrhills) Florida Define a Dangerous Dog? - Dog Bites and Rights of the Injured Person

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Section 14-27 of the Pasco County, Florida, Code of Ordinances, provides definitions for the following types of animals:
1. "Aggressive Animal." Any animal that, without provocation, constitutes a physical threat to human beings or other animals. Aggressive behavior includes but is not limited to: 1). A loose, unconfined animal, that when unprovoked chases or approaches a person in a menacing fashion or apparent attitude of attack; 2). Chases vehicles; 3). Molests livestock or other domestic animals.
2. "Vicious Animal." Any animal which kills or unjustifiably causes physical injury to a person or to any domestic animal.

"Dangerous Dogs" are addressed under section 14-42 of the Pasco County, Florida, Code of Ordinances.
Section 14-42 incorporates Florida Statute sections 767.10-.15. For the plain language of the Florida statutes see Chapter 767 - Damage by Dogs.

The following are responsibilities of a dog owner whose dog is under investigation for possibly being determined as a dangerous dog:
1. If the dog that is subject of a dangerous animal investigation is not impounded shall be humanely and safely confined by the owner in a securely fenced or enclosed area pending the outcome of the investigation.
2. During the investigation, the dog subject to the investigation may not be relocated or have ownership transferred pending the outcome.

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.

Posted On: June 7, 2011

How Does Highlands County (Avon Park, Lake Placid, Leisure Lakes, Lorida, Sebring, and Venus) Florida Define a Dangerous Dog? - Dog Bites and Rights of the Injured Person

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Highland County, Florida, incorporates the definition of "dangerous dog" provided under Florida Statute sec. 767.11. If you would like to see the plain language of that statute you can visit the state's official website under Chapter 767.

Pursuant to section 4.5-28 of the Highlands County, Florida, Code of Ordinances after a dog is classified as a "dangerous dog" by the county's dangerous dog hearing board, the owner may appeal the classification within 10 business days after receipt of the determination and must confine the dog in a securely fenced or enclosed area pending resolution of the appeal.

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.

Posted On: June 6, 2011

How Does Santa Rosa County (Avalon Beach, Bagdad, Gulf Breeze, Jay, Milton, Munson, Navarre, and Pace) Florida Define a Dangerous Dog? - Dog Bites and Rights of the Injured Person

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Santa Rosa County, Florida, defines a "dangerous and vicious animal" separately from a "dangerous dog." Pursuant to section 4-27 a "dangerous and vicious animal" means any animal that bites or in any manner attacks, or attempts to attack, any person or severely injures or kills a domestic animal, so long as the animal or person attacked was unlawfully upon its owner's or keeper's premises.

A "dangerous dog" is also defined under section 4-27 and means any dog that:
1. Has aggressively bitten, attacked or endangered or has inflicted severe injury on a human being on public or private property; or
2. Has severely injured or killed a domestic animal while off its owner's property (more than once); or
3. Has been used primarily or or in part for the purpose of dog fighting or is a dog trained for fighting; or
4. Has, when unprovoked, chased or approached a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attacked.

Another relevant term provided under section 4-27 is "severe injury," which means any physical injury that results in broken bones, multiple punctures, or disfiguring lacerations requiring sutures or cosmetic surgery.

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.

Posted On: June 5, 2011

How Does Walton County (DeFuniak Springs, Freeport, Miramar Beach, Paxton, Point Washington, Redbay, and Santa Rosa Beach) Florida Define a Dangerous Dog? - Dog Bites and Rights of the Injured Person

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Walton County, Florida, incorporates Section 767.12 of the Florida Statutes into its county ordinances under section 5-33 - Dangerous Dogs of the Walton County Code. Florida statue sec. 767.12 addresses the classification, confiscation and destruction of dangerous dogs. The statute also governs the notification, hearing and appeal procedures the county and county animal control officers must follow. If you would like to read the plain language of the relevant statute see the state's official website under Chapter 767 - Damage by Dogs.

Although the Walton County Code does not provide a definition for "dangerous dogs" it does define a "nuisance animal." Pursuant to section 5-28 of the Walton County Code, a "nuisance animal" is any animal that
1. May pose a threat to a person or passing vehicle; or
2. If off the owner's premises, attacks other animals; or
3. Trespasses on school grounds or public places, other than that of a service animal;
4. Damages private or public property;
5. Scatter garbage or trash; or
6. Is a female animal in heat and is not properly restrained; or
7. Habitually or continuously barks, whines, howls, meows, cries, screams, or causes objectionable noises when unprovoked; or
8. Trespasses onto the private property of another; or
9. Is abandoned by its owner who refuses to continue to provide control and care and by releasing it to run at large.

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.

Posted On: June 4, 2011

Polk County Deputy Sheriff Accused of Videotaping Girls That Were Spanked

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Central Florida detention deputy Robin Leigh Pagoria, 45, was accused of disrobing and restraining two young girls while she spanked and videotaped them. According to the report, the girls were between the ages of 10 and 18. The Polk County Sheriff’s Office said that Pagoria posted the videos online for her boyfriend to download. On Thursday she was charged with child abuse and producing child pornography. Pagoria resigned on Thursday; she had been a deputy for six years. Pagoria will be entitled to legal representation from a Florida criminal defense attorney or the services of the public defender's office. It would appear from the news report that there is evidence against Ms. Pagoria but the court proceedings will determine the extent of admissible evidence and what elements of the alleged crimes can be proved and are proved.

Under federal law, child pornography is defined as any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where:

-the production of the visual depiction involves the use of a minor engaging in sexually explicit conduct; or

-the visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct; or

-the visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct.

It is a federal crime to knowingly possess, manufacture, distribute, or access with intent to view child pornography. In Florida, it is a third degree felony under Florida Statutes 847.0135, 847.0138 and 827.071. All other states in the U.S. and the District of Columbia also have laws that criminalize the possession, manufacture, and distribution of child pornography. As a result, a person who violates these laws may face federal and/or state charges.

For more information on this topic, see Florida Deputy Accused of Videotaping Girls While She Spanked Them.

Posted On: June 3, 2011

Florida Law Enforcement Promote Program to Teach Children Safety Tips - "Take 25 (Minutes)" Campaign

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Child abduction prevention starts with knowing the statistics on child abduction. The United States Justice Department revealed some unsettling facts: an estimated 800,000 children are reported missing every year in the United States. That amounts to roughly 2,200 each day. Fortunately, the vast majority of children are located quickly.

May 25, 2011 was National Missing Children’s Day. The day serves to remember the children that are still missing, and in their honor, stress the importance of making child protection a national priority. Law enforcement officers from across Central Florida gathered in downtown Orlando on Wednesday to promote the campaign called “Take 25.” The campaign encourages parents to spend 25 minutes to talk to their children about safety from abductions. Listed below, are a few of the 25 safety tips that officials distributed to parents at the event. To view the complete list, see Law enforcement leaders gather to promote child safety campaign.

* Teach your children their full names, address, and home telephone number.

* Make sure your children know how to reach you at work or on your cell phone.

* Instruct children to keep the door locked and not to open the door to talk to anyone when they are home alone.

* Encourage your children to tell you if anything they encounter online makes them feel sad, scared, or confused.

* Remind kids to take a friend whenever they walk or bike to school.

* Caution children never to accept a ride from anyone unless you have told them it is OK to do so in each instance.

Nothing is more important to parents than the safety and welfare of their children. When a child disappears, it is critical for parents to know what resources are available to them for help. Law enforcement officers, agencies that specialize in missing children abductions, family members, and neighbors are just a few people that will do anything to help a parent find a missing child. When Your Child Is Missing: A Family Survival Guide, provided by the United States Department of Justice is also a resource that provides firsthand knowledge and advice about what to do in the unfortunate event that your child goes missing.


Posted On: June 2, 2011

Deaths Resulting from Leaving Children Unattended and Unsupervised - Dangers of Hot Cars to Children

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In Florida and other warm weather States, children are at risks for serious personal injuries and even death when they are left unattended and unsupervised in a hot car. The temperature in a parked car in the heat of the Spring and Summer months can be overwhelming and deadly to a child. It is estimated that at least 500 children have died as a result of being left in a hot car since 1998. It is quite disturbing that so many lives have been lost and every death was preventable. Whether a child dies or suffers injuries or not, the parent, child care provider, day care worker, and babysitter can still be arrested and charged with abuse and neglect for leaving a child unattended in a vehicle. The fact that a child did not suffer any appreciable harm is not an excuse for putting a child at risk. Yes, people can be forgetful and rarely does a parent knowingly and willingly want to put a child at risk. Some parents and child caregivers just do not appreciate the risks of injury and death when leaving a child unattended in a hot vehicle. See Children Left in Hot Cars Dying in Record Numbers.

If a child has been injured as a result of the negligence or fault of another person, a parent can be quite challenged and stressed by the medical bills, medical treatment, insurance issues, and other matters. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know has chapters on Damages / Compensation, Medical Bills, Day Care Injuries, Playground Injuries, School Injuries, Automobile Accidents, and other topics. You can receive a Free Child Injury Book at Free Book for Parents of Injured Children. The book is also available at Amazon, Barnes & Noble, and the Apple iBookstore for $4.99.

The health, safety, and welfare of the child should always be the number one priority. By doing so, many incidents of personal injury and death can be avoided / prevented.

Posted On: June 1, 2011

Disney Space Mountain Ride Closed Briefly Following Incident in Which Rider Was Found Unconscious

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The Space Mountain attraction at Walt Disney World amusement park in Orlando, Florida was temporarily shut down recently. A 48-year-old woman was found unconscious and not responsive at the end of the ride last Saturday morning. The woman was able to breathe on her own, but was transported to a local hospital for treatment. Disney referred all questions regarding the woman’s medical condition to Dr. Phillips Hospital.

Amusement parks should be fun and safe for everyone; however, amusement park accidents occur more often that you might think. According to a recent study conducted by the National Consumer Product Safety Commission, an average of 7,000 people out of the 270 million people that chose to entertain themselves at an amusement park in the U.S. each year end up in the emergency room for injury treatment. Florida amusement park accidents can result from a variety of factors such as slips and trips on faulty rides, food poisoning and objects falling from rides onto unsuspecting park attendees.

The book titled The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has a chapter on Amusement Park and Theme Park Injuries as well as chapters on Medical Bills / Medical Treatment, Damages / Compensation, and other topics. You can received a free child injury book at The Florida Child Injury Lawyer Blog - Free Child Injury Book. The book is also available for $4.99 at Amazon, Barnes & Noble, and the Apple iBookstore.

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