Florida Child Injury Lawyer Blog

Due to recent personal injuries sustained by two different amusement park attendees, Universal Orlando has temporarily changed one of its popular Harry Potter-themed thrilled rides, the "Dragon Challenge." The two victims where allegedly struck by loose objects causing one of the victims to lose his right eye. The "Dragon Challenge" consists of a pair roller coasters that are simultaneously launched and pass within feet of each other as the advance along the track. The near-misses that have been the hallmark of the attraction has been temporarily removed from the ride, the roller coasters will no longer be simultaneously launched. The first incident occurred on July 31, 2011 when 52-year-old Carlos Montalvo, of Puerto Rico was struck in his right eye while riding the attraction, he was sitting in the front seat of one of the roller coasters. According to Montalvo's attorney, Clay Mitchell, the unfortunate incident caused Montalvo to lose all vision in his eye and ultimately have it permanently removed. The second incident, occurred sometime in August 2011 when 19-year-old Jon Wilson, of Ohio, said he was hit by something on his foot, arm and face. Wilson initially thought it was a bug, but once he observed blood on his hands he knew he was struck by something else. Tom Schroder, Universal spokesman, said Universal Orlando officials have conducted a "thorough review" of the attraction and do not "believe the ride itself played a role in these incidents." However, until the further investigation is completed the coasters will not cross at their typical intersection points. It has been speculated that guests' personal items have been discharged while riding the attraction. For more details please read Universal Orlando makes changes to Harry Potter-themed dueling roller coasters.

A 16-year-old boy was struck by a SUV (Sports Utility Vehicle) while riding his bike eastbound on Greenland Road in Jacksonville, Florida. The teen, Samuel Bellett, was on his way up to Mandarin high school for cross-country practice when the incident occurred. Samuel was going to the early morning practice scheduled so the team could avoid the heat of the day.

Samuel was immediately rushed to Shands Jacksonville where he was placed in intensive care and treated for a broken leg, head injuries, and possible internal damage.

Paul Sluder, Samuel's grandfather, said that Samuel was trying out for the team for the first time. He also said that at the hospital, over half of the cross-country team as well as the coach, school principal, and athletic director came to the hospital to show their support. The JSO (Jacksonville Sheriff's Office) will investigate the bicycle accident as to the cause of the accident and the preventability of the accident.

For more on this story, see Bicyclist struck in front of Mandarin High identified

A Florida babysitter was arrested in the Daytona Beach area for felony child neglect after she came up with the bad and dangerous idea of putting a stroller containing an eight-month-old baby into the back of a Dodge Ram pickup truck. The driver of the Dodge Ram, who was identified as "Mr. B. White," began to drive around on two of the county's busiest roadways until police were able to successfully pull the vehicle over after multiple 911 calls from alarmed motorists. Though it is unclear the babysitter, Keyona Davis, chose to put the baby in the truck bed instead of the cab, police say that the incident could have led to serious injury or death. Thankfully, the eight-month old was not injured during the incident and is now safely with his mother while Davis sits in Volusia County jail in lieu of $5,000 bond.

Common sense and diligent supervision are vital to the well being and protection of a child under the care of a babysitter, day care center, or child care center in Florida. Unfortunately, many child care providers put children at risk for serious personal injury and even death in some instances.

To look at some steps that could help you avoid being in a similar situation as this one see, Hiring a babysitter or nanny.

Continue reading " Police Arrest Babysitter in Daytona Beach on Charges of Felony Child Neglect " »

In St. Augustine, Florida, a 5th Wheel BP station went up in flames on State Road 16 on Friday, August 19, 2011 forcing residents within a half-mile radius to evacuate their homes for over an hour. The fire also sent at least one man to the hospital with severe third-degree burns. Along with the Florida Highway Patrol, County Fire Rescue, City of St. Augustine and Jacksonville firefighters all were on the scene trying to put out the 100-foot tall flames. Investigators will investigate this industrial fire incident to determine what started the fire, but eye witnesses claim they saw propane and fuel tanks exploding as they drove by the gas station. “We just felt this boom and thought someone had hit us,” said Meranda Walls. “When we looked over one of the propane tanks was on fire.”

The fire, which began around the time rush-hour traffic was beginning, forced local authorities to shut down both lanes on State Road 16 until 6:30 that afternoon. It was at this time that witnesses noticed an employee of the gas station trying to franticly reach safety. “There was a man trying to get away, tripping and stumbling, then he was on the ground on his side,” Walls said. “We were going to stop and help, but he was heavy-set and we knew we couldn’t lift him,” said Catrina Magruder, who was stopped right outside of the gas station. Luckily for the injured employee, a man in a minivan hurried over to the employee and along with a couple of St. John's County deputies, carried him to safety. The employee, whose name has not been released, was lifted to Shands-Gainesville shortly afterwards.

For more on this story, see Explosion at 5th Wheel.

A fatal automobile crash in Orlando, Florida occurred Friday morning, August 19, 2011, killing one adult and one child as well as sending five more children to the hospital in serious condition. State Troopers say that 43-year-old Gabriel Caillot was driving northbound on Rio Grande Avenue in his 1992 Toyota Corolla when he lost control of the vehicle and swerved into on-coming traffic. Gabriel's car was then struck on the right side by a 1998 Ford Expedition driven by 28-year-old Yahaira Dessiree Ramirez. Both Gabriel Caillot and the 11-year-old passenger Gaeton Valceus were pronounced dead at the scene of the crash.

One man, Gerlald Stillions, was sitting on his porch only 100 feet from the accident when it occurred. Stillions said that he heard the impact of the two cars and turned around to see both of the damaged vehicles in the intersection. "I saw the driver of the SUV (Ramirez) carry a child out of the station wagon until the ambulance got here," he said.

Luckily for Ramirez, firefighters arrived on the scene within three minutes to help rescue the four remaining children stuck inside the SUV. The five children, ages 12, 10, 8, 7 and 1, were taken to Arnold Palmer Hospital in Orlando, Florida while Ramirez was taken to Orlando Medical Regional right down the road. The crash is still under investigation by the Florida Highway Patrol.

For more on this story, see Auto Accident Leaves Two Dead.

The Princeton House Charter School, based out of Orlando, Florida, faces its second lawsuit that alleges the charter school abused a child under its care. The charter schools cares for students with moderate to severe autism.

The first lawsuit, based on an incident that occurred in 2008, settled. The first lawsuit alleged that 15-year-old Christopher Casto was injured by staff, as a result of the staff tackling, jumping, and sitting on him. Christopher had the mental capacity of a 5-year-old. The suit was initiated after he came home with bruises and scrapes from the incident. Carol Tucker, the school's director, said the staff responded appropriately to "violent" behavior displayed by the student.

In the current litigation, the parents allege their 6-year-old daughter was badly bruised while being restrained by staff at the center in January and claims the girl was grabbed and dragged by staff back in November.

"Restraint" is a controversial practice used by these centers, it is the practice of physically holding students with disabilities when they act out. The new lawsuit, which was filed in federal court, centers on the use of restraint among other issues. The lawsuit alleges the girl suffered extensive bruising after a staff member pulled the child's sweater over the back of a Rifton chair, a special wooden chair intended to support and hold students who cannot sit well on their own. Allegedly, the girl struggled and cried in an attempt to free for herself for approximately ten minutes, causing her to fall over and the chair landing on top of her. The three staff members who were present at the time of the incident were fired by the school. For more details please read Orlando charter school faces lawsuit after allegedly using unlawful retraint on 6-year-old girl.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Injuries, Playground Injuries, and other topics. A free book is available at Free Book for Parents - Helpful Information for Parents of Injured Children in Day Care Centers. The book is also available on Amazon, Barnes & Noble, and the Apple iBookstore.

Volusia County is currently being sued in a wrongful-death lawsuit by the family of Aiden Patrick. Aiden was killed last summer at the young age of 4-years-old after he was struck by a truck on the beach in Volusia County, Florida. The suit claims Aiden's death was caused by the county's negligence, further claiming the county knew or should have known the beach was dangerous and failed to take "appropriate safety measures for the safety of beachgoers," as well as provide adequate police patrols. Aiden's family, of Deltona, Florida, states they have suffered mental pain and incurred medical and funeral expenses as a result of his death.

The tragic accident occurred July 2010. Aiden's father (Jason Patrick) and three siblings were visiting the New Smyrna Beach area. Aiden ran toward the water and into the path of a truck driven by Donovan Sias. The right front tire of the truck struck Aiden. The boy was transported to a nearby hospital where he was later pronounced dead. According to Florida Highway Patrol Troopers, Sias was not speeding and did not see the boy prior to the tragic Florida beach pedestrian accident.

Volusia County manages 40 milles of beach property, 17 miles of which driving and parking are permitted. Aiden was one of two children killed in 2010. The two child fatalities prompted Volusia County officials to make some changes as to drivering on the beach. For more please read Volusia County charged in wrongful-death lawsuit.

The Florida Department of Children and Families conducted a study of over 200 child deaths in Southwest Florida dating back to 1997. Upon gathering and studying the statistics, Florida DCF determined that most of those deaths were preventable. The study concluded that since 1997, 83 percent of child deaths were caused by neglect with the top killers being child drowning and unsafe sleeping habits. The remaining deaths were linked to child abuse.

While studies like this can be informative and useful in the future, it is upsetting to know that so many deaths could have been easily avoided with just a few extra precautionary steps. While there may be many reasons or factors that lead to child abuse, there is never a good cause to abuse or neglect a child. Factors that may increase the incidents of child abuse include stress, loss of a job, poor parenting skills, and substance use or abuse.

If a person has a suspicion that a child is being abused or neglected by a parent, babysitter, day care center, teacher, relative, or other person, it should be reported to the Florida Department of Children and Families Abuse Hotline.

Pursuant to Section 39.201, Florida Statutes, any person who knows, or has reasonable cause to suspect, that a child is abused, abandoned, or neglected by a parent, legal custodian, caregiver, or other person responsible for the child’s welfare or that a child is in need of supervision and care and has no parent, legal custodian, or responsible adult relative immediately known and available to provide supervision and care shall report such knowledge or suspicion to the Florida Department of Children and Families.

For more on this story, see Most Southwest Florida Investigated Child Deaths Preventable.

In Tampa, Florida, government agencies and pool owners are coming together to try and reduce the amount child drowning's that occur each year in Florida. As part of its Waterproof Florida initiative, the Florida Department of Health is giving away free pool door alarms to pool owners with children in eight counties that had the highest rates of child drowning's. The alarms attach to windows and doors leading to the pool area and can only be turned off manually. The best part about these alarms is that they are inexpensive, costing people only $30 to have them installed.

Having preventive devices like the pool door alarm is very important for homeowners with swimming pools in the State of Florida. In 2010, Florida led the nation in drowning deaths for children ages 1-4. In fact, Florida loses the equivalent of four classrooms full of pre-K children each year to drowning. The FDOH is hoping that these alarms, along with other measures, can help fix this escalating problem.

FDOH also encourages people to focus on swimming pool supervision and what to do in case of an emergency (CPR). Another way that people are taking an initiative is by enrolling their children in swim classes. At the Seal Swim School in Tampa, children as young as 16-months old are already learning how to swim and what to do, should they fall into the swimming pool.

For more on Swimming Pool Safety and Pool Alarms, see Florida DOH offers free pool alarms for some Tampa Bay counties.

In Florida, it is important for day care center providers to properly supervise children under their care while the child is active during the day and also during nap time. There are dangers and risks to children during the sleeping hours and especially for infants and babies in cribs. In Bradenton, Florida, it was reported that a three year old girl died after being put down for a nap. The child was found unresponsive at Carbone Family Daycare Home. 911 was called and fire rescue was dispatched to the Florida day care center. CPR was performed and the child was transported to Blake Medical Center where the child was pronounced dead.

An autopsy will be performed which will provide investigators more information regarding the cause and preventability of the child's death. For Florida day care centers, there are various rules and regulations for the care and supervision of children which include regulations during nap time. See Florida Day Care Centers - What Rules / Laws Apply to Supervision During Nap Time?

See also 3 Month Old Girl Died at Florida Day Care Center - Investigation Pending.

The book titled The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters day care injuries, school injuries, medical treatment and bills, damages / compensation and other topics. You can receive a free child injury book at Free Book to Parents Dealing with a Day Care Injury.

A 19-year-old Seminole County, Florida resident pled guilty to two counts of lewd and lascivious molestation of a child under the age of 12. According to reports, the 19-year-old, Matthew Neary, was sentenced six years in prison followed by two years of house-arrest and will be required to be registered as a sexual offender for the following twenty years. Neary, who has been diagnosed from Asperger's Syndrome and attention-deficit hyperactivity disorder (ADHD), was said to have lured two young girls into his parents' storage shed where he began to touch them inappropriately. Neary was arrested in September 2010 after the mother of one of the girls noticed Neary sitting next to her daughter, whose panties were around her ankles. The circuit judge presiding over the case, Marlene Alva, will impose sentencing in October 2011 after Neary undergoes a psychological evaluation and a separate investigation by the Florida Department of Corrections.

Neary is currently living with his parents in Culuota after being released on $50,000 bail. As part of his release, Judge Alva has ordered Neary to stay away from the children's school, school bus stop, and on Sunday the church that all three attended. Neary should consider himself very lucky with the sentence that he received. Along with being denied bail, he could have been sentenced to life in prison because the victims were so young – 6 to 8 years old.

People who suffer from Asperger's Syndrome have a variety of developmental disabilities that can vary widely. They include having difficulty interacting with others, forming friendships, moving clumsily and engaging in repetitive motions, such has hand wringing.

For more on this story, see 19-year-old agrees to six years in prison for child-sex abuse.

On Friday, August 12, 2011, 1-year-old Miguel Vigo and his grandmother were getting ready to leave Heron Walk Apartments in Jacksonville, Florida to go for a ride in the car when all of a sudden Miguel was nowhere to be found. The grandmother had left the child unstrapped in the car seat in the driveway while she was preparing the back seat area for placement of the child car seat. After she realized that he was gone, the family spent the entire afternoon searching for the missing toddler in fear that he had been abducted. Tragically, with the help of the Jacksonville Sheriff's Office, the family discovered Miguel's body in a ditch only 12 feet from the grandmother's car. Police reported that there was no evidence of foul play or neglect in the case.

While the thoughts and prayers of many go out the family of this young infant, it is a story that is told far to often during the summer time in Florida. Almost every year, Florida has one of the highest infant drowning rates in America, including 63 drowning-related deaths of children ages 1-4 in 2009 (#1 cause of death for children in the age bracket). Recognizing that the State of Florida had the highest early childhood accidental drowning rate in the nation, the Florida Office of Injury Prevention began a public outreach campaign in 2006, using its Injury Surveillance Data System to target the most affected counties. From 2007 to 2009, the campaign, “Keep Your Eyes on the Kids,” helped reduce the number of children ages 1 to 4 who drowned by 15 percent, and the drowning rate by 18 percent.

In some instances, criminal charges are filed against a parent, family member, or child care provider when there is a drowning that leads to the death or serious personal injury of a child. Just recently, a Jacksonville woman was sentenced to 15-years after a jury found her guilty of aggravated manslaughter. The woman had left 1-year-old Nathan Cook unattended at a Jacksonville apartment complex in November 2009. The child was able to get away and was later found in a nearby retention pond dead.

In Hosford, Florida, one family almost found itself in a position that no one ever wishes to be in. On August 2, 2011 Travis Strickland and his 4-year-old nephew, Joseph Barcenas, were attending a church function Woodman's of the World Swimming Pool when tragedy struck. While chaperones were trying to clear the pool and get everything set up for the evening service, a young man notice Jospeh laying face down on the steps of the pool. The young man tapped Joseph on the shoulder. When the child failed to respond, the man immediately called for help. Fortunately for Joseph, lifeguards and EMT's were able to recessitate the young boy and get him to a hospital safely.

"I don't even think I realized who the child was at first. He didn't have any life in his body at all. He wasn't breathing. He wasn't responding. He was basically laying there lifeless," Travis Strickland told reporters. Strickland claims that God is to thank for Joseph's recovery and that everyone in the family, including his father in Mexico, have been praying night and day. One of those family members that has been praying for the boy's recovery is his mother who was not present when the accident occurred.

Strickland believes that Joseph was just sitting on the steps of the pool when he just fell asleep and went face first into the water. This just goes to show how easy it is for a child to fall into a potentially life threatening position any time that a child is in or near water - even shallow water. The good news for Joseph is that he is going to make a full recovery but it is important to know what steps you can take to avoid putting yourself in this sort of situation. To learn more about these safety steps and other information on child drowning, see Drowning Prevention.

In Jacksonville, Florida, a drowning was reported in the Cedar Hills neighborhood. Jason Howell, age 6, drowned in a neighbor's pool. The residential swimming pool was located behind a home across the street from Jason and his family. The Jacksonville Sheriff's Office and Channel 4 news responded to the scene. It was reported by Elizabeth Cate with Channel 4 news that the pool was fenced but there were no locks on the fence. The Florida Department of Children and Families and the Jacksonville Sheriff's Office will conduct an investigation regarding the facts and circumstances of this Florida drowning death.

Florida has a high percentage of swimming pool in any given neighborhood due to the year round warm weather. Yes, swimming is a fun and relaxing recreational activity that unfortunately brings with it dangers especially to young children who do not realize the dangers and risks of swimming or being around water without proper adult supervision. The simple and expected curiosity of a child can lead to deadly consequences. The death of Jason Howell is certainly a tragic loss for his family, neighborhood, and the community.

Pursuant to Section 515.29, Florida Statutes (Florida Residential Swimming Pool Safety Act), gates that provide access to a swimming pool must open outward away from the pool and be self closing and equipped with a self latching locking device, the release mechanism of which must be located on the pool side of the gate and so placed that it cannot be reached by a young child over the top or through any opening or gap.

The Florida Residential Swimming Pool Safety Act was passed to help prevent child drownings in the State of Florida. Unfortunately and tragically for many children and families, drownings continue to take place despite the presence of this child safety law.

Hyperthermia is a health condition that occurs when the body produces or absorbs more heat than it can dissipate and can be caused by prolonged exposure to heat and humidity.
Causing more fatalities per year than lighting and tornadoes, the risk of hyperthermia is present on a daily basis. Just recently in Oklahoma 12 people were reported dead due to hyperthermia. The heat just sneaks up on people working outside, potentially plunging them into heat exhaustion, said Dr. Joshua Payne, emergency room physician at Mercy Health Center. “They're outside working in the yard or having fun, and they don't rehydrate,” he said. “They get sweaty, get some fatigue. They get cramps and they're not feeling well.”

Tragically, many cases of hyperthermia occur with children being left in the car alone. Physicians say that it only takes take 10 to 15 minutes in the summer time for a car to reach temperatures capable of causing hyperthermia, and with a documented 27 deaths per year it is something that parents must take notice to. For safety tips on how to prevent your children from being a victim, see NHTSA Safety Tips.

In Tallahassee, Florida, lawmakers and some physicians have been debating the Florida law regarding the relationship between gun ownership and medical care. At the heart of this debate is House Bill 155, which would make it a criminal offense for a physician to inquire into the patient's ownership of a firearm. This is the first law of its kind in the nation and it has some physicians worried that the law will create a slippery slope and hinder the physicians ability to get a full and complete history from the patient without undue regulation by the State of Florida. In response, supporters of the law argue that this sort of information is constitutionally protected and that doctors have no right to inquire about it.

While most physicians might differ in their opinion on what questions are appropriate to ask a patient, many physicians are concerned about criminalizing questions that a physician may ask as part of the medical history of the patient and the current and future safety of others especially children. It is important in any fiduciary relationship, whether it be medicine or law, that the client or patient has trust in whoever is taking care of them and vice versa. By enacting laws like Florida House Bill 155, some physicians believe that this relationship will be seriously hindered. Most feel it should be left to the doctors to determine whether or not a particular question is appropriate. Some even claim that it is a violation of their 1st amendment rights to make certain lines of questioning illegal.

Along with House Bill 155, the Florida Congress passed two more laws granting more rights to gun owners across the state. To read more on this story, see Guns bills approved.

On the evening of Thursday, August 4, 2011, 14 year-old Morris L. Taylor and his friend were bicycling through the Tampa Bay Riverview area when Taylor was suddenly struck off his bicycle by a Dodge Ram pickup truck. The 31 year-old man who was driving the truck was heading northbound on U.S. Highway 301 when he collided into Taylor's bicycle. Though his friend rushed to get help, Taylor tragically died at the scene. The 31 year-old only suffered minor personal injuries.

The Florida Highway Patrol report stated that both of the cyclists were wearing dark clothes and that neither of their bicycles were equipped with the proper lights necessary for biking in darker conditions. Furthermore, the report stated that no charges have been filed at this time.

During summer months in Florida as well as the rest of the year, adults and children alike enjoy biking and other recreational outdoor recreational activities like running and playing sports. Many such activities take place on or near Florida roadways and highways. During the evening and night hours, visibility is reduced which, in turn, can put bicyclists and pedestrians (especially children) at risk for serious personal injuries.

Just remember that if you and your child are going to take an evening bike ride, make sure that you and your child are equipped with the proper safety equipment before you go out on the road. Products such as bike lights, helmets, and bright or neon clothing are just a few things that can help prevent accidents and tragedies from taking place on or near Florida roadways and highways It is also important to remember that if you are driving in the evening time, pay attention to your surroundings and to watch for any pedestrians and bicyclists (especially children) who may be out at night. These steps, while not 100% effective, can greatly reduce the risk of serious personal injury and help make the summer time much more enjoyable.

For more on this story, see 14-year-old boy bicyclist dies in crash.

In July 2011, Dennis Brian Devlin was sentenced to a minimum of 15 years in Federal Prison for forcing a 13-year-old boy to participate in child pornography at the local Desert Inn Hotel in Daytona, FL. Devlin, a 57-year-old man, was working as the hotel manager of the Desert Inn in February when local authorities raided the hotel and found images of the child along with other evidence. Police report that Devlin was working with another man, 21-year-old Michael Ehmen, to lure the 13-year-old back to the hotel to perform the illicit acts. Ehmen pled guilty to the same charges as Devlin and was sentenced to 7 years in Federal Prison. U.S. District Court Judge John Antoon II also sentenced Ehmen to 15 months of house arrest, 20 years of probation and $6,000 in restitution to the victim.

The abuse, neglect, and exploitation of a child constitute reprehensible acts and should be punished to the full extent of the law. Tragically, many such acts in Florida and other States are under the radar of law enforcement and leave the victim to the whims of the sexual offender / predator. In some cases, the criminal is caught and punished so that the community is free of just one more predator/sex offender during the prison term.

To read more about this story, see Hotel Manager pleads guilty.

A man was driving a Silver Jeep East Bound on Beach Boulevard in Jacksonville, FL on Sunday night. While he was attempting to turn left from Beach Boulevard, he neglected to stop at the red light in front of him, causing five people including him and three small children to sustain personal injuries. One of the children, a 5-year-old, was taken immediately to Shands Hospital in Jacksonville where he evaluated and hospitalized with life-threatening personal injuries. The other two children, a pair of two-year old twins, were also sent to Shands Hospital in Jacksonville. Neither sustained serious personal injuries. According to the police report none of the three children riding in the car with this man were wearing any sort of seat belt, car seat, or other restraining type of device when the accident occurred.

While driving on the roadways and highways of Jacksonville, Florida, it is important that all drivers and passengers exercise due caution both as driving and the use of safety restraints including seat belts, shoulder harnesses, and child and infant seats as necessary based on the size and age of the child. While not all Florida automobile accidents are preventable, taking all proper safety measures can help reduce the incidents of and severity of injuries in many Florida automobile accidents.

For more information on this topic, see 5-year-old suffers life-threatening injuries.

In Daytona Beach (Volusia County), Florida, there was a drowning incident reported involving a 13 year old boy. He was found and pulled from the bottom of the Holiday Inn Hotel pool. Volusia County Fire Rescue reported to the scene and attempted to stabilize the 13 year old boy.

Florida is a popular vacation location for residents and out of State tourists. The weather and local attractions including Daytona Speedway and the beach bring people to the East Coast of Florida. Most vacations are fun filled and a great experience for the children and the rest of the family. Unfortunately, some vacations end with serious personal injuries and / or the wrongful death of a child in the State of Florida.

Many Florida hotel swimming pools are not staffed by a certified lifeguard. Florida law does not require the posting of a certified life guard at all hotel swimming pools. While signs are generally posted in and around the pool and in the lobby, there is little in the way of formal monitoring or supervision to prevent drownings or to provide for the safety of swimmers especially children and teens. You can read more about this story at Teen Drowning Victim Reported in Daytona Beach - Volusia County - Florida. See also Volusia County, Florida - Toddler Drowns in Swimming Pool.

Continue reading " Drowning Incident Reported in Daytona Beach, Florida - Holiday Inn on A1A " »

ATVs (All Terrain Vehicles) are popular both for recreation and fun. However, pediatricians and other medical specialists say that young children do not have the strength, coordination or judgment necessary to safely operate powerful ATVs. Many ATVs have gotten bigger, faster and stronger over the past decade. Simply stated, many of the larger and stronger ATVs are not safe for children.

For example, an 11-year-old girl was driving an ATV and crashed it into a water pipe at a local church in Brandon, Florida. According to Deputies, Donald Leet, 27, allowed the child to drive the ATV because he had a glass of wine with dinner, and his driver’s license was suspended. When the deputies responded to the emergency call at First Baptist Church of Brandon, water was shooting 50-feet into the air. Officials said that the girl and her seven-year-old sister were upset, but nobody was injured as a result of the ATV accident. The child said that Leet was teaching her how to drive, said deputies.

ATV accidents are responsible for thousands of fatalities and serious injuries to adults and children each year in Jacksonville and throughout the United States. The risk for injury is high due to riding conditions and rider’s exposure. In addition, ATV rollovers are another cause or factor in ATV accidents that make them so dangerous. Parents and children can reduce the risk of ATV accidents by understanding the common causes and risks associated with ATVs.

For more information on this topic, see 11-year-old girl crashes SUV into church after intoxicated man let her drive, deputies say.

According to the Health Department, several children across the State of Florida die after being left in vehicles. As a result, Palm Beach County strives to become the first in Florida to require day care center vans to include alarms; the alarms are intended to prevent children from being left in vehicles. The Palm Beach County Commission has given its initial approval on the requirement and final approval by the Commission is expected August 16, 2011.

Senator Maria Sachs, from Delray Beach, Florida, thought that every child care van should have a safeguard. Sachs pushed for a similar state law that failed to pass in the Legislature in the spring. The bill would have required child detection alarms in day care center vans across the state. Sachs’ bill was prompted by the death of two-year-old Haile Brockington who sadly died after being left strapped in a van for more than six hours outside a Delray Beach day care center. The purpose of the alarms is to remind drivers and other day care center employees to check the entire vehicle every time they transport children. The drivers would have to go to the back of the van to disarm the alarm, which would sound inside and outside the vehicle.

Palm Beach County’s proposed alarm requirement and other child care safety regulations will be up for final review in August. Other regulations include requiring more than one day care center employee to ride in the transporting vehicles, increasing the operating fees for facilities, requiring employees to have at least a high school diploma, and completing criminal background checks before employees are cleared to begin work. For more information on this topic, see Palm Beach County may require alarms in day care vans.

In Volusia County, a toddler, drowned in the family swimming pool. According to the Volusia County Sheriff’s deputies, the child’s parents and siblings were at home when Rocio Vazquez Naranjo disappeared. When they realized she was missing, her family found her in the pool. The parents pulled her from the pool and took the child to a neighbor who tried to resuscitate her before rescue personnel arrived, said officials. The child was taken to a hospital where she was sadly pronounced dead.

Parents think that it could never happen to their family, but each year more than 800 children drown. However, these accidents are not only preventable but also predictable. Here are the top three facts about child drowning and what you can do to help keep your child safe around water.

Fact number 1: Lack of supervision. Children can drown in a matter of seconds and usually it is quietly. Adults who were present during a child drowning were usually distracted in some way, often by talking on the phone, conversing with other adults or reading.

• What you can do: Attentively supervise your children around water, and have a phone nearby to call for help in the event of an emergency. Also, when there are several adults present and children swimming, parents should designate an adult as the “water watcher” to prevent any gaps in supervision.

Fact number 2: No barriers. Curious children, especially those under the age of five, can easily find and fall into pools, tubs and buckets. Often by the time they are discovered, it is too late.

• What you can do: Never leave a child alone when nearby a pool or any body of water, even if it is only a few inches. For residential pool owners, make sure that your pool meets the barrier requirements of Florida Statute 515.29 – after all, it’s the law.

Fact number 3: Weak or no CPR skills. Children who drown and are rescued from the water need CPR immediately before the paramedics arrive. It can prevent damage and is the difference between life and death.

• What you can do: Get certified. Contact your local health department or hospital to find a CPR class near you.

For more information on this topic see, Fla. toddler drowns in backyard swimming pool.

The North Port Florida Police have charged a southwest Florida man in the shooting of a six-year-old boy. According to the police, the six-year-old was shot by 23-year-old Chad Cousar. The boy was taken to a hospital in St. Petersburg for treatment of gun-related injuries; he was in stable condition. The police have charged Cousar with child neglect involving serious bodily injury and possession of a firearm by a convicted felon. Cousar’s records from the Florida Department of Corrections show that he has three previous drug convictions in Charlotte County. Cousar was being held in jail without bail.

The United States has the highest pediatric firearm-related mortality rate of any industrialized country. According to national surveys, approximately one third of American homes with children contain at least one firearm and nearly half of all firearms are not stored safely; the guns are loaded and not secured in a compartment such as a safe or lockbox. Unfortunately, high levels of parental safety in areas like child passenger safety do not translate into higher rates of gun safety. Studies show that parents do not view gun storage in the home the same way as other home childproofing safety issues. One possible explanation for this is parents’ misplaced confidence that, if given the opportunity, children would not handle or play with guns.

For more information on this topic, see Man charged with child's shooting.

Pursuant to Chapter 65, Rule 65C-22.006 - Record Keeping, Florida Day Care Centers are required to maintain daily records concerning the children's attendance at the facility. The children's attendance shall be taken daily and recorded by facility personnel. The attendance record shall document when each child entered the facility and when he or she departed the facility. These records must be maintained for a minimum of four months.

Compliance with Florida laws and regulations concerning Florida Child Care Centers and the care provided to children is critical to the safety and well-being of each child in a Florida day care center. Properly documenting a child's attendance ensures the child was under the direct supervision of facility personnel and provided quality care while the child was under the care of the center.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Injuries, Playground Injuries, and other topics. A free book is available at Free Book for Parents - Helpful Information for Parents of Injured Children in Day Care Centers. The book is also available on Amazon, Barnes & Noble, and the Apple iBookstore.

Pursuant to Chapter 65, Rule 65C-22.006 - Record Keeping, Florida Day Care Centers are required to keep records of certain events and activities occurring at the facility. Centers are required to take daily attendance of child, which must be recorded by center personnel. Specifically, when each child entered and departed the facility or program must be documented. These records shall be maintained for a minimum of 4 months.

Centers are also required to keep a record of all accidents and incidents. These shall be documented daily and maintained for one year. This form of documentation shall include
1. The name of the affected party;
2. Date and time of occurrence;
3. Description of occurrence;
4. Actions taken and by whom; and
5. Appropriate signatures of facility staff and custodial parent or legal guardian.

Maintaining proper medical records and accident report records not only ensures a child's safety and well-being while under care of a child care center, but protects the center as well. Proper documentation of medical records and accident reports allows facility personnel to use those written records for their own reference. In the event an accident does occur, properly documenting the incident ensures the child was appropriately cared for and shows the centers complied with all applicable rules and regulations.

Pursuant to Chapter 65, Rule 65C-22.006 - Record Keeping, Florida Day Care Centers are required to maintain a written medical record when caring for children that require medication. Specifically a written document shall be maintained by the facility and include the following:

1. The child's name;
2. The name of the medication;
3. The date, time and amount of dosage to be given; and
4. The signature of the custodial parent or legal guardian.

These written medical records must be maintain for a minimum of 4 months after the last day the child received the mediation.

Maintaining written medical records will ensures the safety and well-being of a child while under the care of a Florida Day Care Center. Without written records, medications could be swapped, and a child receives the wrong medication, or over dosage of medication could be given. Written records assign the medication to the child and list the specifics of the medication. Requiring parental consent or the consent of a child's legal guardian is one additional measure in reassuring quality care is provided to children.