Florida Child Injury Lawyer Blog

Flagler County Scooter Accident Causes Death of Woman (Patricia Peace)

2008-07-24T12:00:00Z

Florida scooter, motorcycle, and bicycle riders are at risk for injury and death when hit by another vehicle. This is especially true when the rider is hit by a truck. Patricia Peace, age 49, died after the scooter that she was riding was rear ended by a vehicle driven by Jonathan Pearson, age 43, of Ormond Beach.

According to Florida Highway Patrol, Ms. Peace was ejected from the scooter. The story as reported in the St. Augustine Record newspaper did not indicate the road, traffic conditions, or speed of the 2004 Dodge Ram Truck. Apparently, there was enough speed and force to cause the death.

It is also uncertain from the report whether Ms. Peace was wearing a helmet. There are obviously more legal issues involved with this matter. Newspapers do a fine job of reporting the basic facts but cases of this nature involve a host of legal issues that can be handled by an experienced Florida personal injury lawyer. Regardless of the outcome of the legal issues, the accident was a tragedy for all persons and families involved.

How to Treat Florida Dog Bite Wounds to Children

2008-07-23T11:00:00Z

Every day Florida children become victims of dog bites resulting in personal injuries. Some involve minor medical care and some recovery extensive medical care with surgery and extended hospitalizations. Some basic tips for the immediate treatment of a dog bite include the following:

1. Stay Safe. Separate the child and the dog. Keep the dog and child at a safe distance so that treatment can be initiated.

2. Control any bleeding by following the appropriate steps.

3. Cover the wound with a clean, dry dressing.

4. Watch for signs of infection:
*Redness *Swelling *Heat *Weeping pus

5. Contact a physician or go the emergency room.

You can read more about the above tips at How to Treat Dog Bite Injuries.

6. Make sure that the dog is under control.

7. Obtain the vaccination records for the dog if possible.

You can read more details about How to Treat Dog Bites.

Don't Leave Your Children in a Hot Florida Car - Heat Death in Florida

2008-07-22T11:00:00Z

A 4 year old Florida child died recently when his mother left him in the car while she had her nails done for her wedding later that day. The wrongful death of this Florida child could have been avoided with better attention to the whereabouts, safety and well being of the child.

Hyperthermia is an acute process when the body produces more heat than it can dissipate. Hyperthermia is serious problem for children and the elderly. In 2008 to date, there have been 18 hyperthermia deaths in the United States with 2 of the deaths reported in the State of Florida.

Parents and caregivers often times forget that the child is in the car. This happens in about half of the cases. About 30 percent of the reported incidents take place when a child sneaks into a car. About 18 percent take place when a child is intentionally left in a car.

All parents and caregivers should keep our children safe and promptly remove the children out of hot cars. Obviously, the simple act of leaving a child in a hot car can end an innocent life.

Day care centers, summer camps, schools, caregivers, friends, and yes parents should be diligent in getting children out of hot cars. Hyperthermia is a real danger and presents itself every day of Florida's hot summer and even at other times of year as well.

Injuries and Deaths at Amusement Parks, Water Parks, and Theme Parks

2008-07-21T11:00:00Z

Children are injured every day at amusement parks, water parks, and theme parks. Some personal injuries to children in Florida are caused by the negligent supervision of others and some by the negligent maintenance of equipment. I found a helpful and resourceful web site called www.rideaccidents.com The web site is published by Jared Costanza who has been quoted by other web site and newspapers regarding these kind of injuries and deaths. One tragic incident happened at the Superman Ride at Six Flags Kentucky where a teenage girl suffered the loss of both her feet. Six Flags was fined for the incident where several issues of maintenance were revealed.

If you or your child has suffered an injury at theme park, water park, or amusement park, it is often times helpful to have the assistance and counsel of a Florida child personal injury attorney.

Is there a Dog Leash Law in Duval County (Jacksonville) Florida?

2008-07-18T11:00:00Z

In Duval County (Jacksonville) Florida there is an Animal Control Ordinance in place under Section 462 of the City of Jacksonville Code titled the Jacksonville Florida Animal Control Ordinance. The Animal Control Ordinance covers topics including dog bites, dangerous dogs, and leash law. Pursuant to Section 462.303 (Animals at-large prohibited), no owner of any dog or cat shall permit the dor or cat to be at large, except a dog shall be considered exempt from these provisions if the dog is engaged in law enforcement, hunting, or is located in a "no leash party.

If there is a problem with an "At Large" dog or a dangerous dog, you can contact the City of Jacksonville Animal Control Department.

Florida's Dog Bite Statute applies state wide and is not contingent on any of the various leash laws in place for counties and cities. Dog bite matters especially when dealing with a child have legal consequences and obligations unique to these cases. A Florida Child Injury Lawyer / Dog Bite Lawyer can assist you with these matters. Animal Control will enforce local regulations but cannot give legal advice or provide compensation for a violation of the ordinances or the State of Florida Statutes.

If you would like a copy of City of Jacksonville's Leash Law or other Animal Control Ordinances for the City of Jacksonville / Duval County or other Florida cities / counties, please contact me.

Is there a Dog Leash Law in Nassau County (Fernandina Beach, Amelia Island) Florida?

2008-07-17T11:00:00Z

In Nassau County which includes Fernandina Beach and Amelia Island, there is an Animal Control Ordinance in place under Article III - Section 6. The Animal Control Ordinance covers topics including dog bites, dangerous dogs, and leash law. Pursuant to Section 6-45, all animals must be kept under restraint. Animal At Large is defined as any animal (excluding livestock) not under the restraint of a person capable of controlling the animal on / or off the premises of the owner. Restraint is defined as any animal secured by a leash or lead under the control of a responsible person and obedient to that person's commands, or within the real property of its owner. Hunting dogs are excluded within a designated hunting area.

If there is a problem with an "At Large" dog or a dangerous dog, you can contact Nassau County Animal Control.

If you would like a copy of Nassau County's Leash Law or other Animal Control Ordinances for Nassau County or other Florida cities / counties, please contact me.

Is there a Dog Leash Law in Clay County (Orange Park, Green Cove Springs) Florida?

2008-07-16T11:00:00Z

In Clay County which includes Orange Park and Green Cove Springs Florida, there is an Animal Control Ordinance in place under Article II - Section 4. The Animal Control Ordinance covers topics including dog bites, dangerous dogs, and leash law. Pursuant to Section 4-22, it is unlawful for any owner or keeper of an animal other than a cat to willfully or negligently allow the animal to run at large on any public property or on any private property. There are exceptions in place for hunting dogs and exhibition dogs.

If there is a problem with an "At Large" dog or a dangerous dog, you can contact the Clay County Florida Animal Control Department.

If you would like a copy of Clay County's Leash Law or other Animal Control Ordinances for Nassau County or other Florida cities / counties, please contact me.

Bicycle Helmet Laws - Florida and Nationwide

2008-07-15T11:00:00Z

Florida law requires that a child under the age of 16 wear a helmet when riding a bicycle. There is no federal law in place that mandates bicycle helmets for children. Bicycle helmet laws vary from state to state. There is a good website that has a list of helmet laws state by state. Bicycle Helmet Laws in Florida and Other States.

I make sure that my child has a helmet on while riding a bicycle, scooter, or any other riding device. Repetition has made this a good habit for my children. On one occasion, we were walking our dog and my daughter (age 3) was riding in a push car. The dog took off after another dog and her leash pulled my daughter out of the riding car. The helmet literally safed her life. The helmet cracked when it hit the cement but my daughter escaped with no injuries.

If a child is injured while not wearing a helmet, it is not a bar to recovery. In other words, the at fault driver is still responsible for the injuries caused by negligence. The failure to wear a helmet may factor into the settlement or jury award but would not prevent a recovery for child injuries. It is important to consult an Florida child injury lawyer regarding bicycle injuries to make sure that your child's legal rights are protected and enforced when necessary.

Florida Analysis of Dog Bites in Children Under 17 Years Old

2008-07-14T11:00:00Z

Medical studies and statistics show that dog bites are a greater hazard to children than adults. Children, who lack the judgment, experience, and intuition of an adult, do not appreciate the dangers of dogs. In addition, children are smaller and more vulnerable to the reach of a dog. While some breeds seem to be more dangerous and temperamental than others like Pit Bulls, Akitas, Doberman Pinchers, German Shepards, and others, all dogs are capable of biting a child. Florida is a strict liability State for dog bite injuries to children and adults. In other words, an owner is liable for medical expenses, pain and suffering associated with a dog bite regardless of the owner's actions or inactions and regardless of the dog's breed or history / lack of history of aggression. It is important to educate your child about dogs. Show your child how to approach a dog. Ask if it is ok to pet the dog? Ask if the dog likes children? Likes to be pet? Let the dog smell your hand first. Dogs, in some ways, are like children. They can frighten easy and are uncomfortable in new settings with new people. You can more about a medical study reported in Pediatrics - The Official Publication of the American Academy of Pediatrics atAnalysis of Dog Bites in Children Under the Age of 17.

Pedestrian Rights and Responsibilities in Florida - The Florida Statute

2008-07-11T11:00:00Z

In Jacksonville Florida and the rest of the State, pedestrians have designated rights and responsibilities by Florida statutes and case law. Pursuant to Section 316.130, Florida Statutes:

"Every driver (in the State of Florida) of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle and give warning when necessary and exercise proper precaution upon observing any child or any obviously confused or incapacitated person." See the Full Florida Statute Section 316.130.

Pedestrians are required to obey traffic devices, use sidewalks when present, and also use due care when approaching roadways and traffic.

I have represented many Florida pedestrians who have suffered personal injuries after being hit by a car or truck in pedestrian cases. The facts of each case must be evaluated on their own merits. Civil cases are not controlled by the opinions or conclusions of the police officer. This applies even in death cases. It should also be kept in mind that Florida is a comparative fault state. In other words, a judge or jury can apportion fault between the pedestrian and driving in determining an award for damages for personal injuries or wrongful death resulting from a pedestrian being hit by a vehicle.

Early involvement by a Florida personal injury lawyer is paramount to the investigation of a pedestrian case for a civil suit for compensation.

Sexual Battery Case in St. Johns County - Babysitters, Day Care, and Schools

2008-07-10T12:15:00Z

The St. Johns County Sheriff's office recently arrested James Eugene Whaley, Jr. for sexual battery on a child. Mr. Whaley was arrested after the victim's 8 year old brother stepped up and reported the matter to a family friend. Mr. Whaley was given a place to stay by the victim's father. This case shows the dangers of leaving your children with a stranger or with a person who you do not know very well. It is unknown if Mr. Whaley had a prior record of sexual assaults on children. Mr. Whaley who is only 21 years old faces a long time behind bars for his actions if this case is successfully prosecuted. You can read more about this disturbing story at Babysitter Faces Sexual Battery Charges.

Sexual battery on children take place in a number of settings in the State of Florida including day care centers, schools, summer camps, churches, and community centers. Pursuing a civil case against an individual or business for a child injury caused by sexual abuse / battery is not always an easy task since many insurance policies do not cover the intentional criminal acts of another person. There is, however, a way around this by alleging there was negligence on the part of the day care center, school, or church for the failure to complete a background check, failure to supervise, and / or the negligent hiring or retention of the employee. If your child has been the victim of child abuse or neglect in a day care center, school, or church, contact a Florida Child Injury Lawyer for advice.

Florida Children Under 16 Must Take ATV (All Terrain Vehicle) Course

2008-07-09T11:00:00Z

All Florida children under the age of 16 must take a course in order to legally ride an ATV (All Terrain Vehicle). The purpose of the law is to educate children about the safe operation of ATVs. In turn, this training hopefully will reduce serious Florida child personal injuries sustained in ATV crashes and incidents. The new law also applies to dirt bikes as well. In 2006, there were 550 deaths caused by ATV accidents nationwide. You can read more about the law and comments on the same at State requires more all-terrain training to stem injury, death.

All owners and operators of ATVs should follow safety procedures especially when children are involved. Children do not have the strength, balance, or judgment of adults. Helmets should be worn, speed should be safe, and the terrain should be checked out at a slow speed on the initial run.

Advocating for Diabetic Children in Florida Schools and Day Care Centers

2008-07-08T11:00:00Z

Diabetes is a common disease in children that can be effectively managed with education and diligence by parents, school personnel, and day care personnel. There is a very good article published by the American Diabetes Association titled "Care of Children with Diabetes in the School and Day Care Setting". The article provides a good overview of the needs of diabetic children and the responsibilities of school and day care personnel. The article points out that parents are the best advocates for their children and should approach school personnel in a calm and informative manner. If you have an issue with a school system provide support for your diabetic children or other special needs child, it may be advisable to retain a child educational rights advocate to protect and enforce the rights of your child. I know some child rights educational advocates in North Florida (Jacksonville) and can refer you to a lawyer should you need this kind of lawyer. If a physical injury to your Florida child occurs as a result school personnel, day care workers, or others, you may also benefit from the advice and representation of a Florida child injury lawyer.

Florida Slip and Fall Injuries and Children

2008-07-07T11:00:00Z

Florida children suffer personal injuries from slip and fall incidents every day in Jacksonville and other cities in Florida as well as the rest of the United States. People say that accidents happen and child will fall. These statements are true; however many injuries result of the carelessness of another person. A property owner has a duty to maintain the premises in a reasonably safe manner. Customers and visitors do not visit areas open to the public at their own risks. Whether it is a supermarket, Wal Mart or Target type of store, or any other business for that matter including government offices, the floors, common walk ways, bathrooms, and other areas need to be maintained in a safe condition. If there is a danger in place whether it is a hole in the floor or a leaking air conditioner, the property owner or manager should repair the problem at least post signs, cones, and / or barricades to warn visitors especially children of these dangerous areas and conditions. It is also important for parents to keep an close watch on their children. If you have any questions about a slip and fall type of injury, it is helpful to have the advice and representation of a Florida child injury lawyer. Each case is different and evaluated on its own facts and merits.

Florida Trampoline Injuries: A Common Injury in the Backyard

2008-07-06T11:00:00Z

Florida children are injured every day on Trampolines in the United States. Children use trampolines year round in warm weather cities like Jacksonville, Florida and other Southern Cities. While it is quite nice to go outside virtually every day, it also means that Florida has its fair share of trampoline injuries.

According to a 7 year study through the Hasbro Children's Hospital in Rhode Island, a majority of the injuries (over 90 %) occur at home. There were over 70,000 emergency room visits in 2002 as a result of trampoline injuries. Some injuries occur as a result of landing too hard on an ankle. Other injuries result from unsupervised "horse play" or dangerous stunts by the children.

It is important to have adult supervision with any trampoline. Children often times focus on the fun and the stunts rather than safety issues.

According to Peter Salob, an an orthopedic surgeon at Englewood Hospital, says, “The majority of trampoline injuries that we see are in the upper extremities. Most of these occur in the wrist and the elbow. The injuries include sprains, fractures and dislocations.”

Homeowner's insurance may or may not cover injuries resulting from a trampoline. The homeowner has a duty to report the fact that a trampoline is on the property so insurance rates can be adjusted properly. If you have a trampoline, you have a duty to supervise the children using it. If you have a child who has been injured on a trampoline, you should consult with a Florida child injury attorney to determine your child's rights. Not all injuries that occur on a trampoline are actionable. If the injury was caused by rough play, unsafe equipment, or other negligence, a Florida child injury lawyer may be able to recover compensation for you and your child.