Florida Child Injury Lawyer Blog

Vacations and weekends are times for college students to have fun. Some college students equate having fun with drinking a lot of alcohol and doing drugs. Unfortunately, many college students suffer serious personal injuries and death every year due to excessive drinking and / or use of drugs. In Panama City, Florida, Justin Richard Delval, a student from Texas A & M, was found in a ditch in front of the Sterling Reef Condominium in March 2009. An autopsy report showed that Justin had a blood alcohol level of .45 which was almost 6 times the legal limit of .08. It is a tragedy that Justin died from basically drinking too much. You can read more about this story at College Student Died from Alcohol Poisoning.

In Florida, good child care is often difficult to find. In Jacksonville Beach, Florida, a nanny is facing child neglect charges for allowing a 12 year old to drive a vehicle. The nanny handed the keys over to the 12 year old because she was too drunk to drive. While the 12 year old was at the wheel, there was nearly an accident which could have lead to serious personal injuries. Police then pulled over the vehicle. Shelly Rose Brinkley will not be getting any nanny awards for her conduct. Her license, at the time of this incident, had already been suspended for a prior drunk driving arrest. You can read more about this story at Jacksonville Beach, Florida Nanny Too Drunk to Drive.

In Florida and other States, parents and children should be very weary about men or women for that matter who throw parties and serve alcohol to children. Odds are, these adults are up to no good. In Chiefland, Florida, Robert Wayne Thomas was arrested on two counts of lewd and lascivious conduct on a minor. Levy County Investigators are conducting further interviews to determine if Mr. Thomas committed any other crimes. Mr. Thomas threw parties for minors, served them alcohol, and had the children play games. He would even have the children in his bed. Mr. Thomas took a particular liking to one girl who was only 13 years old. Mr. Thomas expressed a desire to marry this child. The acts of Mr. Thomas were discovered when he kept in contact with the 13 year old target of his affections. He reportedly called her and sent her text messages on a daily basis. Anyone with information about the case or who suspects their child may have also been a victim is asked to call the Levy County (Florida) Sheriff's Office at 352-486-5111. You can read more about this story at Chiefland Man Arrested for Sex Crimes Against Children.

Teens these days can be quite advanced in what they know and what they do. However, many teens, while loaded with knowledge, often lack good judgment. This especially applies to drinking and driving. It is well know that alcohol impairs judgment and motor skills. When you combine impaired judgment with poor judgment to begin with, you have a most dangerous combination. Because of this, there are alarming statistics out there on teen drinking and driving. Prevention and education are key to making the streets safer for our children. Teens often drive under the influence because they believe that they are invincible. They also drive and do not ask for help for fear of punishment or retribution by parents. While parents should not encourage or accept a teen who drinks alcohol, parents at time need to let their children know that safety is paramount to everything else. If your teen or a friend of your teen needs a ride or assistance, make sure that your child knows that you will be there day or night for a ride. It is far preferable to pick up your child from a party or a friend's house late at night than an emergency room or morgue / medical examiner's office later. You can read more about the problems of teen drinking and driving at Teenage Drunk Driving Risks.

Gabriel Delrisco caused an accident that killed three children. Delrisco was arrested for DUI after he was released from a hospital. His blood alcohol level was .239 which is approximately three times the legal limit. Mr. Delrisco's driving record was terrible. It has been reported that he had 26 previous driving citations and one prior DUI in 2001. A judge held Mr. Delrisco without bond until trial when the judge determined that Mr. Delrisco was a danger to the community. Mr. Delrisco rearended a vehicle occupied by the Serrano family that was stopped a red light. A candlelight ceremony was recently held in Homestead, Florida for the Serrano family. The family deserves the support of the community. It is certainly a tragedy that the Serrano family is mourning the death of three children who died as a result of the careless, reckless acts of a drunk driver. You can read more about this story at Miami, Florida Man Charged with DUI for the Deaths of Three Children.

Teen fathers do not always turn into the best parents when they are older in Florida in other States. This point is illustrated by the arrest of Joshua James Fagan (Age - 27) who was arrested in Cape Coral, Florida. Mr. Fagan had been drinking and allowed his 9 year old son to drive Fagan's truck to a liquor store. This incident could have lead to tragedy and an accident with serious personal injuries or even the possible death of an incident victim. Fagan was found by police who reported that Fagan speech was slurred and there was a strong odor of alcohol on is breath. Fagan was charged with allowing an unlicensed minor to drive and for child cruelty that could result in mental or physical injury to the child. Obviously, there are a number of things wrong with this incident. First, parents should not drink to intoxication when there children area around. It is a bad example. Furthermore, a parent cannot adequately supervise and guide a child when the parent intoxicated. A parent would not leave his or her child with an intoxicated teacher, day care provider or coach. So, why would a parent chose to be intoxicated around his or her child? Mr. Fagan also put his son in danger. Giving the car keys and permission to drive to a 9 year old is just a bad idea. In Indiana Jones and the Temple of Doom, Short Round (Indiana's young side kick) drove a car under gun fire through the streets of Shanghai. Folks, this was just a movie. People should not try this at home, near their home, on vacation, or to take a trip to the local liquor store. Mr. Fagan hopefully will learn a lesson from this incident as should other fathers, mothers, and caregivers of children in Florida. You can read more about the Drunk Driving incident involving Mr. Fagan and his son at Drunk Dad Gets Ride to Liquor Store with 9 Year Son.

A Volusia County, Florida teenager (Jamie Gibson) died recently in a home near New Smyrna Beach, Florida where he had been spending the night. Reports indicate that Jamie and two friends drank vodka mixed with ginger ale. According to the friends, Jamie drank most of the vodka. Jamie woke up at approximately 3:00 a.m., vomited, ate some bread and then went back to bed. Jamie was later found unresponsive by the friend who woke up an adult for assistance. Jamie was taken to Bert Fish Medical Center in New Smyrna Beach, Florida where he was pronounced dead.

Autopsy results of pending. It appears that alcohol may have played a role in the death of the teenager. There are good reasons for a drinking age of 21 in the State of Florida. Despite the law being in place, there are still ways for teenagers to get their hands on alcohol. Unfortunately when you combine alcohol, teenagers, and a lack of supervision for the consequences, it can be a deadly result. Teenagers, young adults, and even older adults for that matter often lack the judgment with alcohol to know when "enough is enough". Police will investigate how Jamie got his hands on the alcohol. Apparently, Jamie brought the alcohol to the house in a water bottle.

Parents and other adults should do their best to discourage and prevent teen drinking. There will be occasions and incidents where teens will drink no matter the circumstances. This should not, however, deter parents, family friends, and others from taking action to stop or curb the dangerous effects of teen drinking. The danger of teen drinking is not just on the roads but it is in the home as well. You can read more about the death of Jamie Gibson and the ongoing investigation at Law Enforcement Authorities Investigating Death of 17 Year Old in Volusia County Florida.

It is well known that Florida children, especially those under the age of 5, lack the knowledge and judgment about the dangers of poisons which are part of many common household products. The ingestion of poison can result in serious child personal injuries and, in some instances, death in Florida. For day care / child care centers, homes, and other locations where children are located, it is important to keep poisons out of reach and locked up when necessary. Prevention and supervision are key factors to reducing the incidents of poisoning. When an incident takes place, it is important for child care personnel, teachers, caregivers, and supervisors of children to take immediate action. Training in the area of poison control and response are also very important to the safety, health, and well being of Florida children. The American Association of Poison Control Centers has a great web site at http://www.aapcc.org/DNN/ . You can read about local poison control centers, poison prevention, first aid, and many other important topics. A day care center, child care center, school, neighbor, camp, health care provider, business, government entity, and others may be held liable for injuries or death caused by the accidental or negligent poisoning leading to injuries and / or death to a Florida child.

The Florida Division of Alcoholic Beverages and Tobacco recently arrested for store clerks from various stores in Green Cove Springs (Clay County) Florida for the selling of alcohol to people under the age of 21. The stores involved were the Green Cove Springs Package Store, Island Food Store, the Kangaroo Convenience Store, and the Hess Gas Station. The Florida Division of Alcoholic Beverages and Tobacco conducted the sting operation with the assistance of the Green Cove Springs Police Department. See Florida Times Union - The Florida Division of Alcoholic Beverages and Tobacco Take Action Against Clerks Who Sold to Underage Customers.

Underage drinking is certain a problem in many respects. One, young people typically do not have the judgment to know their limits. Second, young people often times think that they are invincible and can do many things under the influence that they should not including driving, biking, swimming, skateboarding, and many other activities that can lead to serious personal injury and death. Third, young people may act carelessly that causes serious bodily injury to other children and adults who happen to be at the wrong place at the wrong time.

Cracking down on store clerks is only one way of many that State and Local officials can use to try to limit and deter underage possession and consumption of alcohol.

Kimberly Gae Equatore was arrested in Ocala, Florida and charged with DUI. She was passed out behind the wheel of her truck with her 4 year old son in the front seat. A Marion County Deputy Sheriff found Mrs. Equatore and tried to administer a field sobriety test. She refused to complete the test or undergo a breath test. Three small bottles of vodka were found in the vehicle. Florida criminal law allows for the arrest of a person who is suspected of DUI if the person has control of the vehicle. The law applies even if the vehicle is not moving. This applies even if the engine is not on.

This story shows the dangers of drinking and driving. Many drivers on Florida roads ignore the safety of others including themselves and their children. It is absolutely true that drinking and driving do not go together in any form. Thankfully, the Marion County Deputy Sheriff arrived on the scene to prevent a true disaster from happening - theinjury or death of child and others resulting from a driver under the influence of alcohol and / or drugs. Of course, Mrs. Equatore will have the representation of a criminal defense attorney or public defender. She is innocent until proven guilty but things do not look so good for Mrs. Equatore based on the facts presented in this news story.

A study reported by the United Press International (UPI) states that the number of neighborhood liquor stores may be an indicator of the frequency of child injuries in the neighborhood. Bridget Freishler, an UCLA Assistant Professor of Social Welfare, conducted the research. The theory is that neighborhood liquor stores may contribute to more frequent drinking in the area of the liquor store, which in turn, may lead to negligent supervision of children at home.

Alcohol and good parenting are things that do not mix well together. Young children are dependent on their parents for supervision and guidance. If the parent is under the influence of drugs or alcohol, the level and quality of supervision and judgment for that matter diminish greatly.

The study by Professor Freishler was a good vehicle to show parents, caregivers, and health care providers of the dangers and relationship between the availability of alcohol and its relationship to child injuries.

Florida Statute Section 316.193 Driving Under the Influence provides criminal penalties in the form of fines, license suspension and imprisonment for persons found guilty of driving under the influence. These criminal penalties for Driving Under the Influence apply to a person who is driving or who is in actual physical control of a vehicle. As such, if you are intoxicated and just sitting in the car with the keys in your hand, you could be arrested for the crime of Driving Under the Influence. As a Florida Child Injury Lawyer / Attorney, I have handled many cases involving drunk drivers who have injured children as well as adults. Drunk driving incidents cause personal injuries, fractures, head injuries, neck and back injuries, and yes deaths in the State of Florida. You can read the entire criminal statute at Section 316.193, Florida Statutes, Driving Under the Influence - Penalties. If you, a family member or friend has been the victim of a drunk driver, contact a Florida injury attorney / lawyer for advice and representation as to rights to compensation.

According to the National Highway Traffic Safety Administration's website, traffic accidents are the leading cause of teen death in the country. Among the causes of these traffic accidents, driver error was the highest culprit, accounting for 87 percent of accidents. These accidents result in serious personal injuries and deaths in Jacksonville Florid and other cities throughout the United States.

Allstate Insurance Company sponsored an event titled Action Against Distraction Driver Challenge. The purpose of the event is to educate teens and adults alike about the dangers of distracted driving. You can read more about this program at Teens warned: Distracted driving deadly in Florida.

You and your teenage children can be the safest drivers in the world. Unfortunately, there are teen and adult drivers who are not very safe. Some are distracted by the mobile phone, texting, conversation, radio, and yes drugs and alcohol. If you or your child has been injured by the negligence of another driver in Florida, it is helpful to get the advice and representation from a Jacksonville Florida Personal Injury Lawyer / Attorney.

Alexis Abney, age 15, was recently killed in a car crash in Jacksonville, Florida. She had family in Jacksonville, Florida and Grand Blanc, Michigan. Alcohol is believed to play a part in the accident.

In Florida, the negligent driver and the owner of the vehicle are responsible for the damages related to the wrongful death of a passenger. In addition, Florida has certain Dram Shop or alcohol related laws that protect minors and victims who suffer injuries or death due to an alcohol related incident.

News reports from both Jacksonville, Florida and Grand Blanc, Michigan showed that Alexis Abney was loved by her family and well liked by her friends. It is a tragic loss for both communities especially if the death could have been avoided. An experienced Florida Child Injury Lawyer / Attorney is able to review the legal issues related to the wrongful death of a child. You can read more about Alexis Abney at Grand Blanc, Michigan Teen Alexis Abney Killed in Florida Car Crash.

The University of Florida is a great school. I received both my undergraduate degree (Finance) and my law degree at the University of Florida in Gainesville, Florida. Go Gators! In addition to academic excellence and a great football, basketball, and baseball team, Gainesville and the University of Florida is also well known for partying and drinking. While a good party can be fun, it can also bring about well known and unfortunate consequences in the form of underage drinking, alcohol poisoning and other injuries, DUI (Driving Under the Influence), automobile accident personal injuries, and wrongful death. The drinking age in Florida is 21. It is clear and simple. The reason for the age limit is to protect children under 21 from the dangers of alcohol. The poor judgment of a child is only amplified by the use and overuse of alcohol. A City of Gainesville Florida official wants new regulations for the issuance of business permits for establishments that serve alcohol and admit patrons between the ages of 18 to 21. You can read more about this development at Gainesville Florida Official Wants Crackdown of Underage Drinking.

James Vincent Lehosit, of Jacksonville, Florida died recently in an automobile accident in Clearwater Florida. Another driver (Casey Felix Schwartz) reportedly failed to stop at a signal light and struck the vehicle occupied by Mr. Lehosit. The impact and trauma from the crash caused the death of Mr. Lehosit. Clearwater police are investigating the accident. Charges are pending further investigation which may include driving under the impairment and manslaughter.

While the Clearwater Police will be conducting its own investigation, it may be beneficial to have a private accident reconstruction expert or a Jacksonville personal injury attorney to piece together the accident. The vehicles should be placed in a secure compound or towing area pending this investigation.

Traffic signals should be obeyed for the safety of everybody. Saving a few minutes just to push through a light is not worth it. It is certainly not worth injury or loss of life. Unfortunately, many automobile accidents, trucking accidents, bicycle accidents, and pedestrian injuries result by the failure of a person to obey rules of the road and traffic devices.

The Neptune Beach Jacksonville Florida Police Department is investigating an incident of alleged gang rape of a 15 year old at a house party in Neptune Beach, Florida. Underage teens were having a party at a home in Neptune Beach. There were approximately 20 teens at the party. The 15 year old was a house guest of the family owning or renting the home rather than a party goer according to her father. At this time, the investigating officer from the Neptune Beach Police Department is having problems getting statements since most of the party goers have been in contact with lawyers who have advised their clients not to give a statement to the police. Many of the students attending the party were from a private school called the Bolles School. It does not appear that the party was an event sponsored or sanctioned by the school. As written in other posts, parents should be mindful of graduation parties and the problems created by underage drinking. You can read more about the alleged gang rape in an article written by Jim Schoettler, a writer with The Times-Union Jacksonville Florida Newspaper at Parents Stall Gang Rape Investigation.

The house party / rape incident will involve Jacksonville Florida criminal attorneys during the criminal investigation and prosecution if the Duval County state attorney decides there is enough evidence to prosecute the case. The incident may also involve Jacksonville Florida civil and personal injury attorneys if the rape victim and her family retain an attorney to pursue civil damages against the alleged rapists, their families, the owners of the home, the suppliers of the alcohol, and possibly others. It appears the entire incident may have been avoided with better supervision and the elimination of any underage and excessive drinking of alcohol.

A picture speaks a thousand woods. This saying is especially true for an auto / bicycle accident that took place in Monterrey Mexico. A drunk driver fell asleep at the wheel and crashed into a group of bicycle racers. One bicycle racer was killed and many others suffered personal injuries as a result of the negligence of a drunk driver. The photograph in this month's newsletter is amazing and tragic. Take a look at the photo and this month's newsletter, read my comments, and send me an e mail with your thoughts.

Graduating high school is an accomplishment and part of the life cycle in Jacksonville Florida. Children and parents alike celebrate and look forward to the joys of summer. Unfortunately for some children and families in Jacksonville Florida, the celebration can turn into personal injuries, wrongful death, and / or prison.

Alcohol should not be served to or consumed by a person under the age of 21 in Florida. The reason for the law is to keep alcohol away from children who drive cars and otherwise wreak some havoc in the spirit of having fun, being obnoxious, or just being stupid. When you mix alcohol and immaturity, you can a bad result.

Providing alcohol to minors is a second degree misdemeanor punishable by a $500 fine and up to 60 days in jail. Getting arrested should not be the only deterrent for parents and other adults. The safety of children and others should also be considered. Drunk driving deaths and injuries are prevalent in Jacksonville Florida and other communities. Many of these incidents result from underage drinking.

Throw a party. Celebrate graduation. Keep alcohol away from children. It may be easier to throw an alcohol free party. Yes, keep alcohol away from the adults as well. Sometimes, safety is more important than getting a buzz.

Matt Coleman, a Florida Times Union writer, wrote a good article about graduation parties and the problems created by underage drinking. You can read the article at Careful What You Serve to Graduates.

Florida deaths resulting from drunk driving have fluctuated over the years. In 1983, the percentage of alcohol related deaths peaked while the lowest number of deaths was reported in 1997.

Almost 30 % of the deaths in 2006 involved drivers with a Blood Alcohol Content of .08 or higher. You can read more about these statistics atFlorida Death Statistics Involving Drunk Drivers.

In Florida, the percentage of alcohol related fatalities peaked in 1983, while the actual number of alcohol related deaths peaked in 1986 and the lowest number of drunk driving deaths occurred in 1997. In 2006, out of all traffic fatalities, 29% involved a blood alcohol concentration (BAC) of 0.08 or higher, with 959 fatalities, which was a big drop from the year before.

A Nassau County crash landed two people in the hospital at Shands Jacksonville Hospital.

The injuries were so serious that both George H. Wright of Jacksonville and Nalini Kusek of Callahan were life flighted to Shands Jacksonville Hospital in Jacksonville Florida. Wright was driving a 1999 Dodge Pick Up truck that cross over the center line while traveling on Lem Turner Road. The Florida Highway Patrol responded to the scene and reported that alcohol may have played a role in the accident.

Accidents like these raise issues involving both criminal law (a possible DUI - Driving Under the Influence) and personal injury law. People often lose sight that vehicles are dangerous instruments (even as defined by Florida law).

Three separate accidents in Duval County, Putnam County, and St. Johns County Florida lead to multiple deaths and serious injuries.

It was a deadly morning on the roads of Northeast Florida as five people died in three separate traffic accidents between midnight and 3:35 a.m. Friday.

In addition to the deaths, six people were hospitalized with serious injuries as a result of one of the accidents, said Lt. Bill Leeper, spokesman for the Florida Highway Patrol.

In Putnam County, 20 year old Anthony McCaskill of Palatka Florida lost control of a 2004 Cadillac. The three occupants of the vehicle (Anthony McCaskill, Debry Coring, and Lamieh Thomas) all lost their lives. None of the occupants were wearing a seat belt. The parents of all the children will be entitled to some insurance and death benefits depending on the available insurance policies and coverages.

More teens died in an automobile accident in Duval County on Interstate 295.

A Saturn driven by 31-year-old Angela Harper of Middleburg went out of control while traveling at a high rate of speed. Jesse Harper, 13, of Middleburg was ejected and died at the scene. Five occupants were taken to Shands with serious injuries. These included Angela Harper, Steven Foster, Michelle Hansen, Kallie Hansen, and Gerald Gribbs. One passenger, Kayla Thompson, 16, of Orange Park, was taken to Baptist Medical Center South. Alcohol is believed to be a factor in this accident.

Another death took place in St. Johns County Florida. A Jacksonville woman was driving south at a high rate of speed on Florida 13 near Switzerland which is located in the Northwest part of St. Johns County. The vehicle went off the road and then hit two trees.

A common thread in these three accidents were high rate of speed and loss of control. Many of the occupants were not wearing a seat belt. While wearing a seat belt is important and the law for front seat occupants, the failure to wear a seat belt is only factor in evaluating a case or claim of this nature.

For more information about these crashes, you can go to the Jacksonville Florida Times Union article at Deadly Crash on First Coast Florida Roads - 5 Dead.

A Jacksonville Florida auto accident caused the wrongful death of a passenger and the injuries of two others. On March 9, 2008, a pick up truck flipped across Atlantic Boulevard and crushed a woman's car. The woman survived the impact and was admitted to the hospital. The passenger in the pick up truck died as a result of the auto accident. A bottle of Crown Royal Whiskey was found in the pick up truck and it appears that alcohol played a role in the accident.

The auto accident caused both vehicles to be destroyed. This accident is tragic. People were injured and one even died from what appears to be the negligence of a drunk driver. The accident took place at 4:30 p.m. As the song goes, it is 5 o'clock somewhere. People apparently do not need a reason, event, or even nighttime to drink.
Jacksonville Florida Car Crushed But Woman Survives

Animal House was a great movie. It showed a bunch of college kids and adults for that matter getting drunk and wreaking havoc. In Florida, the homeowner and others may be held liable civilly and may be criminally prosecuted for injuries and events resulting from the service of alcohol to a minor.

Section 865.015 (2) Florida Statute states as follows:

No person having control of any residence shall allow an open house party to take place at said residence if any alcoholic beverage or drug is possessed or consumed at said residence by any minor where the person knows that an alcoholic beverage or drug is in the possession of or being consumed by a minor at said residence and where the person fails to take reasonable steps to prevent the possession or consumption of the alcoholic beverage or drug.

A Florida study of impaired and drunk driving revealed that a drunk driver was on the road of florida every 110 miles driven. In Florida, .08 blood alcohol concentration is presumed to cause driver impairment. Impaired drivers were involved in an estimated over 128,000 crashes that killed 930 and injured 43000. This figures do not include the countless Florida children, parents, family, friends, neighbors, and co workers affected the the carelessness and impairment of drunk drivers. You can read more interesting statistics and commentary of drunk driving atImpaired Driving in Florida.

The safety of our children and others simply does not make sense. If you are drinking, get a ride, get a cab, stay put . . . just do not get behind the wheel. The convenience and supposed fun of going and staying out on a particular night will never compare to the risks and tragedies resulted from drunk driving.

In Florida, it is a both a criminal violation and (in my opinion) a moral violation to operate a motor vehicle / automobile while impaired or under the influence of alcohol or drugs.

Fraternity members of Sigmu Nu were charged with providing alcohol to a minor and using fake identifications. These actions led to the alcohol poisoning death of 18 year old Benjamin Garrison Sprague. Unfortunately, Benjamin drank took much for his body to handle and died from alcohol poisoning consumed at an off campus party. More details about this tragedy can be read at Clemson Students Charged After Drinking Death.

This death that took place at Clemson University is the very reason that states like Florida have a drinking age of 21. I suspect that thousands of lives are saved every year by keeping alcohol out of the hands of those under the age of 21.

It is important for parents, businesses, and everyone else to follow the law and keep alcohol aware from the reach of children.

A St. Augustine, Florida woman was arrested for DUI after running a red light and barely avoiding an automobile accident. When police inspected her vehicle, officers observed that beer was strapped into the front seat but the 16 month old child was not.

The woman (Tina D. Williams) was noticeably intoxicated and smelled from alcohol. Pipes used to smoke drugs were also found in the vehicle. The tragedy of an accident was avoided by the arrest but the woman has some serious problems to drive in such a condition especially with a child in the back seat. Driver Straps in Case of Beer, Not Baby.