Florida Child Injury Lawyer Blog

Two teachers lost their job by thinking outside of the box and out of their heads for that matter. The teachers decided to set up fight time during circle time. Pint sized American Gladiators or Celebrity Boxing . . . if you ask me, it was one bad idea. You can read more about the "circle time" from hell in this month's newsletter. Please click through and read at Pint Sized Fight Club During Circle Time - One Bad Idea.

Also, take the time to read my other blog posts and tell your friends and colleagues about any posts / articles of interest.

Many child injuries like these are preventable. If you know a child who has suffered an injury as a result of the negligence, inattention, or, in some instances, the pure stupidity of another person, please contact a Florida Child Injury Lawyer for advice, consultation, and the representation that the child deserved.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Day Care Centers and Child Care , Education , School Safety

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Day Care Centers have a duty to provide children with a safe living environment. A Jacksonville Florida Day Care Center was recently shut down after a Jacksonville Sheriff's Office raid for drugs. Apparently, the Day Care Center's owner knew that her son was dealing drugs out of the house and did nothing about it. There are all kinds of dangers associated with selling drugs out of a house which would include the danger of a child ingesting the drugs, drug violence, and fires that are common with meth labs. You can read more about this Day Care Center that Police Raid Day Care, Arrest 2 On Drug Charges in Jacksonville, Florida.

Day Care Centers are frequent sites of preventable injuries to children in Florida including fractures, bruises / lacerations, head injuries, and injuries inflicted from other children and day care workers. If your child has suffered an injury at a Day Care Center, it is helpful to have the advice, consultation, and representation from an experienced Florida Child Injury Lawyer / Attorney.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Crimes Against Children , Day Care Centers and Child Care

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Emergency Rooms generally do a good job treating and evaluating trauma victims. The job of the Emergency Room staff is to the assess the patient and determine the level of treatment: 1. Surgery; 2. Hospital Admission; or 3. Discharge. If a patient needs immediate surgery, the patient is in the right place. This goes the same for the patient who needs to be admitted to the hospital. What about those patients who are discharged? Well, general recommendations are made with discharge instructions and possibly a referral. It is these patients who have the most problems with follow up care. Questions arise as follows:

1. Where should I go for follow up care for my accident related injuries?
2. What specialists should I see for my accident related injuries?
3. Who is going to pay for my treatment for my accident related injuries?
4. What kind of testing will I need for my accident related injuries?

The above issues are handled on a case by case basis. Most importantly, the patient should be diligent in seeking follow up treatment. It is important from a medical and legal stand point. Liability insurance companies often question patients / clients who delay follow up care or who have big time gaps in treatment and evaluation.

A Florida child personal injury lawyer can assist you with issues related to insurance, medical bills, lost wages, pain and suffering and follow up treatment. Liability insurance companies are not concerned about your health and well being. Liability insurance companies are mainly concerned with saving money. As such, the typical accident victim should not see legal advice from the insurance company or any one other than a trained Florida personal injury attorney / lawyer. I provide my clients with a free consultation regarding personal injury mattes including but not limited to cases involving Florida automobile accidents, slip and fall injuries, medical malpractice, nursing home abuse and neglect, day care injuries, child care injuries, dog bites, and playground injuries.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Automobile Insurance , Bicycle Injuries , Child Safety , Day Care Centers and Child Care , Medical Care & Health Issues , Medical Malpractice , Motorcycle Accidents , Pedestrian Injuries , Trucking Accidents

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A 30-year-old man, James Clinton Gilmore, was recently arrested and is being held on a bond of $500,000 for a charge of sexual battery. Mr. Gilmore was at a friend's house who discovered Gilmore in the bedroom of a 13 year old with his pants at his ankles. A St. Johns County Sheriff stopped Gilmore in his car soon after the incident and arrested him. You can read more about this incident at Local St. Augustine Florida Man Charged with Sexual Battery on a Minor. This case involved a criminal matter at this time. A civil case can be filed against Gilmore depending on the facts and circumstances of the case. It typically is difficult to collect a judgment against an individual like Gilmore. Sexual assault and battery cases against churches, schools, businesses, and day cares are another story. Typically, there is insurance in place or assets available to collect upon a judgment. If you have a question about an abuse, battered, or molested Florida child, it is helpful to discuss the matter with a Florida child injury lawyer who understands civil cases of this nature.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Abuse & Neglect , Crimes Against Children , Day Care Centers and Child Care , Education , Sexual Offenders / Predators , Violent Crimes

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Is a Liability Waiver or Release as to a Child's Injury Valid in Florida? Under recent Florida case law, these type of waivers or releases have been deemed invalid and against the public policy of the State of Florida. If possible, parents and guardians should not sign these waivers or releases. However, commercial enterprises often times will not allow a child to participate if the waiver or release is not signed. The signed waiver or release does not grant the commercial enterprise or business immunity in any manner in the State of Florida. In Applegate v. Cable Water Ski, a 5 year old was injured while being pulled on a wakeboard. The parents signed a waiver prior to the injury. A lawsuit was filed and the water ski company tried to run away from liability by presenting the signed waiver or release. The Fifth District Court of Appeal rules that such waivers and releases were invalid. The Court notes that non-profit organizations like charities and schools may be subject to different rulings than commercial enterprises. If you signed a waiver or release at Pump It Up or some other commercial enterprise or business, your child's rights are still intact. Do not be fooled or misled by the self serving forms that are written for the so called protection of these businesses. If you have any questions about a child injury, it is helpful to contact an experienced Florida child injury lawyer to review waivers, releases, the facts of the case, and your child's rights.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Attractions & Theme Parks , Attractive Nuisances , Boating Accidents , Child Safety , Day Care Centers and Child Care , Negligent Security , Playground & Recreation Injuries , Slip & Fall Injuries , Sport Related Injuries , Swimming Pool & Aquatic Injuries

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Parents often question the safety of buses carrying Florida children to school, summer camp, and on field trips. The safety of school buses is especially at issue when a child suffers personal injuries as a result of a bus / automobile accident in Florida.

Why aren't seat belts placed on school buses? According to the National Highway Traffic Safety Administration Web Site, this very issue is addressed as follows:

Why No Safety Belts?
On school buses, occupant protection is provided by “compartmentalization,” not safety belts. Compartmentalization is the name for the protective envelope created by strong, closely-spaced seats that have energy-absorbing high seat backs that protect occupants in the event of a crash.

School buses also have other features that contribute to the high level of safety they provide each occupant. Features such as emergency exits, roof structure, fuel systems, and body joint strength make the bus stronger, larger, heavier, and safer than most other vehicles on the road today.

Personally, I believe that safety belts can be installed for further safety. Then again, if there is a bus accident, this may make it more difficult for children to exit the bus.

Another safety feature that should be utilized on every school bus is "supervision". Teachers, assistants, and drivers should do their best to insure that each child is seated and safe. Unruly children and bullies should be kept in check. Give them an inch and they will take a mile.

If there is a question about a school bus or other personal injury to a child, it is helpful to have the advice, guidance and representation of a Florida child personal injury lawyer.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Child Safety , Day Care Centers and Child Care , Education , School Safety

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The year is 2008 . . . It took this long for Polk County Florida Schools to ban spanking / corporal punishment in the school system. Wikipedia defines Corporal Punishment as "the deliberate infliction of pain and suffering intended to punish a person or change his/her behavior." Corporal punishment / spanking causes personal physical injuries and psychological trauma to a child. I grew up in the 1960s and 1970s. I have vague memories of other children being paddled in the school system. I remember classmates being called to the principal's office and coming back tears and pain. It seemed old fashioned then and it seems old fashioned now. Our public school systems have problems teaching our kids reading and math. Corporal punishment / spanking should be banned.

Schools, day care programs, and child care professionals should protect the safety and well being of our children. If a child is injured due to the intentional act or negligence of a school, teacher, day care worker, or other person, consult with a Florida Child Injury Lawyer to find out your child's respective rights.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Abuse & Neglect , Crimes Against Children , Day Care Centers and Child Care , Education , School Safety

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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.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Abuse & Neglect , Automobile Accidents , Child Safety , Crimes Against Children , Day Care Centers and Child Care , Medical Care & Health Issues , Wrongful Death

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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.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Crimes Against Children , Day Care Centers and Child Care , Education , School Safety , Sexual Offenders / Predators , Violent Crimes

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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.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Day Care Centers and Child Care , Education , Medical Care & Health Issues , School Safety

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The Florida legislature passed an Anti Bullying law for the protection of children in Florida public schools. The Florida law requires that schools set up procedures for reporting and dealing with acts of bullying. Schools have until December 1, 2008 to establish such procedures. The Florida Anti Bullying Law itself does not provide a civil remedy per se against a public school, day care center, summer camp, teacher, employee, student, or parent for acts of bullying. Since the law is new, it is difficult at this time to predict how the law will be interpreted or enforced. When dealing with most child injuries in the State of Florida, negligence standards apply in most cases. In other words, there must be a duty, breach of duty, causation, and damages to recover monetary damages / compensation for injuries sustained by a child. Dog bites in Florida are subject to their own statute. If a child is bitten by a dog, the owner is strictly liable for the damages or injuries. Negligence does not have to be proven for a dog bite case. For other cases including bullying cases, I believe that the negligence standards would still apply. When dealing with any child injury in Florida that is caused by the fault or negligence of a business, government entity, or person, it is helpful to have the advice and counsel of an experienced Florida child personal injury lawyer to guide you through the laws and represent your child's interests.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Day Care Centers and Child Care , Education , Playground & Recreation Injuries , School Safety , Sport Related Injuries , Statutory References (Florida) , Swimming Pool & Aquatic Injuries , Violent Crimes

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Florida public and private schools, day care centers, and summer camps are responsible for teaching and supervising our children. Parents and caregivers rely on public schools and private businesses to watch over our children. While schools are not responsible for every injury or problem that arises, Florida schools and their employees, agents, and even volunteers are responsible for injuries to children that are caused by negligence.

Negligent supervision in the setting of a Florida school, day care, or summer camp requires the following elements:

1. The existence of a teacher-student OR counselor - camper relationship giving rise to a legal duty to supervise the child;

2. Negligent breach of that duty (failure to act reasonably under the circumstances); and

3. Causation of the child's injury by the teacher's / counselor's negligence.

Each case should be evaluated based on its own facts and an analysis of the applicable Florida statues and Florida cases on point. As a child advocate and a Florida child injury lawyer, I know that the safety, welfare, and health of the child are all important. Parents of an injured child can greatly benefit by educating themselves of their rights and responsibilities under Florida law. A Jacksonville child injury lawyer can review the case which may include but would not be limited to evaluating the site of the injury, researching the law, reviewing medical records and bills, and working with safety experts and others to determine the cause of the injury.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Day Care Centers and Child Care , Education , Medical Care & Health Issues , Playground & Recreation Injuries , School Safety , Slip & Fall Injuries , Sport Related Injuries , Swimming Pool & Aquatic Injuries

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A recent Hawaii verdict for $700,000 should cause concern for schools, day care centers, churches, and other groups that take field trips within the community, the State of Florida, and abroad. Teresa Cleary, a chaperone on a cheerleading field trip, was charged with the responsibility of chaperoning and supervising the children on a trip to Hawaii. One of the students on the trip (an 18 year old) fell from a balcony to her death. There were reports of drinking prior to the incident. While an incident like this is uncommon, the verdict serves as a "wake up call" to all parents responsible for the health, safety, and welfare of children on a field trip. While it is important to have fun, see the sites, and have an education, the safety of the children is the most important thing when traveling with children. This applies to a field trip around the corner as well as trips to other countries.

The liability of a chaperone is similar to that of a teacher or neighbor watching your child. You can read more about the legal requirements for such a case in Florida by going to my article at Negligent Supervision in Florida by Teachers and Other Adults at Schools and Summer Camps: Do I have a legal case?

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Attractions & Theme Parks , Attractive Nuisances , Automobile Accidents , Boating Accidents , Child Safety , Day Care Centers and Child Care , Education , Homeowner's Insurance / Injuries at a Home , Playground & Recreation Injuries , School Safety , Sport Related Injuries , Swimming Pool & Aquatic Injuries , Wrongful Death

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Summer camp is a tradition in Florida and the United States. Whether your child goes to a day camp or sleep away camp, there are great benefits to summer camp. The goal of summer camp is to enrich the lives of your children. Unfortunately, unexpected events like personal injuries, fractures, lacerations, head injuries, and drownings take place in summer camps. Some can be avoided with better safety measures, supervision, and judgment. Other incidents cannot be avoided. Pediatrics - The Official Journal of The American Academy of Pediatrics published an interesting article / study on injuries in summer camps at Illness and Injury Among Children Attending Summer Camp in the United States The study noted that some activities like horseback riding and capture the flag resulted in a higher incidence of injury.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Attractions & Theme Parks , Attractive Nuisances , Boating Accidents , Child Safety , Day Care Centers and Child Care , Playground & Recreation Injuries , Slip & Fall Injuries , Sport Related Injuries , Swimming Pool & Aquatic Injuries

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Traumatic child injuries in Florida including automobile accident, falls, sports injuries, diving injuries, trampoline injuries, and violent injuries (gun shots / stabbings) account for most spinal cord injuries. The spinal cord consists of a bundle of nerves that carry messages between the brain and the rest of the body. Most spinal cord injuries occur in the neck ( cervical ) region. According to the Children's Hospital Boston, there are a variety of symptoms that can be associated with a spinal cord injury. You can read more about this topic at My Child Has Spinal Cord Injury - Causes, Symptoms, and Treatment.

Legal matters and representation of a child with a spinal cord injury can be quite complex. There are a variety of issues to address including but not limited to liability ( fault ), causation, automobile insurance, homeowners insurance, business insurance, health insurance, medical bills - past and future, medical treatment, life care plans, surgery, guardianship, settlement, annuity purchase, loss of support and services for the parents and guardians, and other issues. Whether a child sustains a spinal cord injury or lesser injury, it is helpful to have the advocacy and advice of a Florida child injury lawyer / attorney for these matters.