Florida Child Injury Lawyer Blog

Is a settlement on behalf of a minor in the best interests of the child? This is important question that must be asked in every child injury case. Who gets to decide or make the determination if the settlement is in the best interests of the child? In Florida, the answer to this question is . . . "It depends." A personal injury settlement on behalf of a minor child must receive Court approval if the settlement is over a certain amount of money. Furthermore, in some cases, a Guardian Ad Litem is appointed in order to review the settlement on behalf of the minor child and issue a report to the court on the matter. Finally if the net proceeds from the minor settlement exceed $15,000 then the proceeds from the minor settlement must be put into a restricted account or placed in an annuity that pays the child injury victim a sum certain over time. Here are some of the people who may be involved with a minor settlement:

The Child. Of course, the child is the most important person in the process. All persons involved with a settlement on behalf of a minor child must focus on the best interests.

The Child Injury Attorney. The Florida Child injury attorney represents the interests of the minor child. It is the duty of the child injury attorney to make sure that the child's interests are well represented and that any settlements obtained on the minor child are in the best interests of the child. When necessary, the child injury lawyer will obtain court approval and follow other safeguards as to the minor settlement. It is important that the attorney selected by the parent or guardian to represent the child has experience and knowledge in the area child injury so that the safeguards are followed.

The Parent or Guardian. Due to the age of minority and lack of ability to pursue a legal case or claim on his or her own, a parent or guardian must be involved in the pursuit of an injury claim or a lawsuit. While a parent or guardian must be involved, the case is brought on the child's behalf.

The Judge. When court approval is required, the Judge will review the settlement documents, medical records, medical bills, and other documents and information to determine if the settlement is fair, reasonable, and in the best interest of the minor child.

The Guardian Ad Litem. The Guardian Ad Litem is appointed by the Judge in certain cases. Typically, the Guardian Ad Litem is a local attorney familiar with child injury cases and settlements. The Guardian Ad Litem has the responsibility to advocate on behalf of the minor child and make sure that the child's interests and rights are protected and honored.

The Liability Insurance Company. Most cases are settled with the payment of liability insurance payments including but not limited to automobile insurance, homeowners insurance, and / or commercial liability insurance. Most adjusters are familiar with the basic requirements for the proper settlement of a minor child's injury claim. Because of this, the proper documents and Court approval will be required by the adjuster before the funds will be released or paid by the liability insurance company.

The Annuity Company / Insurance Company. In some cases, the case is settled with the payment of an Annuity which is a one time payment in the future or a stream of payments in the future. The Annuity typically must be a guaranteed amount in order to obtain Court approval of the same.

A child injury case can be complicated for parents and guardians depending on the facts and circumstances of text. Because there are many laws and safeguards, it is often times in the best interests of the child for the parent or guardian to hiring attorney to represent the child in the personal injury case. Child injury cases are typically handled on a contingency basis. In other words, if there no recovery - there will be no attorney fees. Until the settlement funds are paid, there will be no financial obligation on the part of a parent or guardian up front on these cases and the attorney will wait to get paid from the settlement collected.

There are two books that can assist a parent trying to deal with the aftermath of a child injury. While the books are not a substitute for legal representation, the books do contain some basic information that will help educate a parent / guardian about child injury cases and claims. The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know has chapters on Automobile Accidents, Day Car Center Injuries, Damages / Compensation, and other topcis. You can get this book for free at The ABCs of Child Injury. Another book - Florida Day Care Center Injuries - Building Blocks of Knowledge for Parents - has chapters on Day Care Center Cases, Outdoor Facilities / Playgrounds, Indoor Facilities, Record Keeping, Emergency Procedures and other topics. This book will be available for free in February 2012 through the website for Wood, Atter & Wolf - Florida Personal Injury Attorneys.

In Florida, some may think that it is very safe for a child to be transported in the typical yellow school bus. However, many people do not realize the seat belt regulations or the lack of seat belt regulations that have been in place for many years in the State of Florida and other States. Would a seat belt make travel on a school bus safer? Should seat belts be limited to lap belts? Should a seat belt be comprised of both a lap belt and shoulder harness? These are all excellent questions on the issue of school bus and seat belt safety.

Unfortunately, children are the unfortunate victims of accidents involving school buses and automobiles. If a child is injured as a result of a Florida school bus accident, it is often times helpful to consult with a Florida child injury attorney to find out the child's legal rights and the availability of insurance and other forms of compensation for the injured child.

Lap belts are now required on newer school buses. That leaves open the provision of safety belts on older school buses. Furthermore, shoulder harnesses are not currently mandated on either older school buses or newer school buses in Florida.

The National Highway Traffic Safety Administration now requires shoulder harness seat belts on smaller school buses. As to the larger school buses commonly seen in most Florida cities and communities, the NHTSA has left it to the individual States to make the decision as to the provision or requirement of shoulder harnesses and lap belts as part of the safety belt / seat belt for children.

If you have a child attending school and riding a bus, you should find out the following:

What bus will my child be transported on?

What is the size and type of the bus?

What type of seat belts are provided on the bus?

What does State law require as to seat belts on this type and year of bus?

What does Federal law require as to seat belts on this type and year of bus?

What do the local school board rules and regulations provide or require as to transportation and safety during transportation?

Children, who are riding on a school bus, suffer personal injuries when there is a crash that results from the school bus driver's negligence or the negligence of another driver. It is important that all drivers including school bus drivers do their best to avoid driver distraction and obey all applicable Florida traffic rules and regulations. See Florida Traffic Rules and Regulations - Frequently Asked Questions.

See also Manatee County School Bus Accident for a discussion on the Florida and National seat belt rules and regulations.

In Florida, ATVs (All Terrain Vehicles) are popular with children, teens, and adults. Florida has good weather year round and many locations where a rider can take an ATV for fun and adventure. Unfortunately, many children and adults are injured every year while operating or riding on an All Terrain Vehicle (ATV).

In Levy County, Florida, two fatal ATV related accidents were reported. One involved a 12 year old girl - Cheyenne Ellis - from Trenton, Florida. She was operating a Yamaha Rhino ATV at the Gulf Hammock Hunt Club. A 5 year old boy - Brody Ellis from Cedar Key, Florida, was a passenger on the ATV. It was reported that Cheyenne lost control of the ATV, she was ejected, and then the ATV landed on her. Tragically, Cheyenne died as a result of the ATV related injuries. The boy suffered personal injuries as well. He was taken to Shands - University of Florida - and treated for his injuries.

In an unrelated ATV incident in Levy County as well, Lucas Benjamin Corbitt was operating a Yamaha ATV that hit an embankment and overturned the ATV. As a result of this ATV accident, Mr. Corbitt died. See Two Fatal Accidents Reported in Levy County, Florida.

While it is not realistic to prevent every single ATV accident or Automobile Accident, all operators, owners of ATVs, and parents should do their best to put in place limitations and safety precautions when ATVs are in place. It is helpful to have the operator trained in the use of the ATV. Helmets and other safety precautions should be required to operate the ATV. Only certain areas or courses should be used.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Automobile Accidents, Damages / Compensation, Medical Treatment / Medical Care, and other topics. When there is an injury involving an ATV (All Terrain Accident) with child injuries, there are often many issues and questions that a parent must deal with. The book will answer many of these questions. For a free copy of this book, see The ABCs of Child Injury.

In Florida, a school bus should be a safe haven for children being transported to and from school as well as sporting events and field trips. Unfortunately, many children are injured on Florida school buses. In Ocala, Florida, it was reported that a 13 year old girl
was attacked on a school bus by other students. Deputies from the Marion County Sheriff's Office was sent to the scene. The school bus driver drover the children to Marion Oaks Elementary School following the school bus fight / school bus altercation. It was reported that the 13 year old beating victim suffered a concussion, muscle spasms, and bruising as a result of the attack on the school bus. According to witness statements, the incident started when some shoes were thrown on the bus. As a result of this incident, seven students were arrested. See Seven Children Arrested Following School Bus Fight - Marion County, Florida.

When a child is injured at school or during a school supervised event or outing, the school is not automatically liable for the injuries resulting from the incident or accident. Generally, there are four elements required for a case or claim to be pursued against a school - whether public or private:

1. Duty. This refers to the duties of the school bus driver and / or school bus attendant. The school bus should be driven in a safe manner. Furthermore, the school bus driver and school bus attendant should follows rules and procedures as to supervision and discipline on the bus.

2. Breach of Duty. This refers to the actions or inactions by the school staff that failed to follow a law, policy, procedure, or reasonable precautions as to the supervision and safety of the children.

3. Causation. This refers to to the link between the breach of duty and the damages.

4. Damages. This refers to the injuries, pain and suffering, and expenses / bills related to the incident or accident.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parents Should Know - has chapters on Automobile Accidents, School Injuries, Day Care Center Injuries, and other topics. See The ABCs of Child Injury.

In Florida, millions of students are transported to and from school in school buses. It is important for school bus drivers to drive with the utmost caution and obey all local and State traffic rules, regulations, and laws. Furthermore, it is important for those driving near school buses to drive with the utmost of caution. It is important for other drivers to stop and slow down when necessary in or near school bus stop areas and schools.

In Manatee County, Florida, a school bus accident recently took place. It was reported that the Florida school bus driver was distracted and took his eyes off the road and his driving at hand for a moment. That particular moment was enough to cause a school bus accident in whch students suffered personal injuries as a result of a rear end crash with an 18-wheel truck. The distraction may have been caused by unruly students who were acting up on the school bus. See Manatee County School Bus Accident - Personal Injuries to Students.

When a child suffers a personal injury, a parent is often faced with a number of issues, challenges, and questions. Who is responsible for the personal injuries of the child? Who is going to pay for the medical bills? Where should I take my child for follow up medical care? What if I do not have any health insurance for my child? Where can I find an attorney / lawyer to represent my child on this Florida personal injury claim / case?

The book titled - The ABCs of Child injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Automobile Accidents, School Injuries, Day Care Center Injuries, Medical Bills / Medical Treatment, Damages / Compensation, and other topics. You can receive this book for free at The ABCs of Child Injury.

When there is a Florida automobile accident or a Florida school bus accident, there are certain traffic laws, rules, and regulations that involve the particular accident. See Florida Traffic Rules, Regulations, and Laws - Frequently Asked Questions.

Businesses, theme parks, and amusement parks that market to children and their families have a duty to provide a reasonably safe play environment for the children. While a business is not responsible for every single injury that takes place, a business is legally responsible for injuries that take place due to improper supervision or maintenance of the facility. In some Florida cases, the negligence and resulting harm are clear and obvious. In other cases, there is a dispute over the liability and responsibility for the child's injuries. In many of these cases, a lawsuit is filed so that a Judge / Jury can ultimately decide the legal and factual issues involved in such a case. A Florida Personal Injury Attorney can help a family with advice and representation on these type of child injury matters.

In Largo, Florida, it was reported that a lawsuit was filed against Chuck E. Cheese for an injury that took place at this restaurant / amusement facility. The parents alleged that the staff at Chuck E. Cheese was negligent in the supervision of the facility. The child was injured when she feel off the Hampster Wheel device in the play area. Another child was in the ride at the time. It was reported in the news story that the ride was made for the use of one child at a time. The child suffered dental and mouth injuries as a result of this incident. See Parent Sue Chuck E. Cheese for Personal Injuries to Child.

Pursuing a claim or filing a lawsuit against a big company like Chuck E. Cheese can be quite challenging. Typically, these companies have a risk management department and attorneys / claims representatives on staff that handle the investigation of claims. The safety of children should be the focus of the policies, procedures, and operation of a facility. When company policies and procedures are not followed, children often times are the victims of personal injuries. Many injuries can be prevented when policies and procedures are followed. Furthermore, a little common sense and due diligence can go a long way to preventing many child injuries from happening.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Amusement Parks / Theme Parks, Water Parks and Swimming Related Injuries, Damages / Compensation, Medical Bills / Medical Treatment and other topics. A parent or other concerned person can obtain this book for free at The ABCs of Child Injury.

In Palm Beach County, Florida, a new day care center law is now in effect. The law requires that van be equipped with alarms that sound off if a child is left in a van. The alarm sounds off when a van is stopped. Thereafter, the driver or attendant must physically walk to the back of the van to turn off the alarm. This, in turn, will require the day care center driver or attendant to conduct a visual sweep or inspection of the day care center van. The goal or purpose of the law is to prevent children from being left unattended on day care center vans or buses. The new Palm Beach County day care rule / regulation was passed in response to the tragic death of Haile Brockington who was left on a day care center van. She died as a result of the heat exposure in the hot summer month of August from being left in the van. The Palm Beach County Health Department is the government agency that is responsible for monitoring this law / regulation. The estimated cost for the van alarm equipment ranges from $200 to $500 per alarm. See Palm Beach County Florida Day Care Rules as to Alarms in Effect.

The use of alarms is a safety measure that can help prevent or reduce the number of incidents of children being left unattended on day care center vans and buses. While it is a good measure or requirement to have in place, due diligence and consistent supervision are also important. Even a simple attendance checklist can go a long way to prevent tragedies from taking place. A combination of technology (alarm systems) and pen and paper can hopefully avoid future reports of children being injured or dying from being left unattended on day care center vans and buses.

Unfortunately, children are injured and some even lose their lives while under the care and supervision of a Florida Day Care Center / Child Care Center. When a child is injured due to the fault or negligence of a day care center, there are often many issues and challenges faced by the child and his or her family. See Florida Day Care Center - Frequently Asked Questions. See also The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know which has chapters on Day Care Center Injuries, School Injuries, Damages / Compensation, Medical Bills / Medical Treatment, and other topics.

In Florida, the process of approving a settlement for a minor child is governed by Section 744.3025, Florida Statutes, other statutes, and other cases. A Judge has discretion under the Florida Statutes to appoint a Guardian Ad Litem when the gross settlement exceeds $15,000 and is under $50,0000. For claims or settlements that equal or exceed $50,000, the Judge must appoint a Guardian Ad Litem to represent the child's interest and to review the fairness of the settlement to the minor child.

When a child suffers an injury as a result of an automobile accident, slip and fall, school injury, day care center injury, pedestrian accident, bicycle accident, or other cause, it is important that the rights of the child are protected and enforced to the fullest extent under Florida law. Often times, it is helpful to have the advice, consultation, and representation by a Florida Child Injury Attorney in these matters.

In most instances, the Guardian Ad Litem appointed by the Judge is a local attorney with experience in personal injury cases and / or guardianship cases. In reviewing a settlement for the minor, it is the best interests of the minor child that matters the most. A review of the settlement will involve an assessment of the liability, past medical bills, future medical bills, medical care to date, future medical care, and the permanency (if any) of the injuries.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parents Should Know - has chapters on School Injuries, Day Care Center Injuries, Automobile Accidents, Water Park and Swimming Related Injuries, Homeowner's Insurance, Damages / Compensation, Medical Bills / Treatment, and other topics. A parent or other concerned family member can get this book for free at The ABCs of Child Injury.

In Florida, a child has rights to compensation when injured as a result of the negligence or fault of another person, business entity, school, or government. A parent may also be entitled to compensation / damages when a child is injured in Florida. Florida law is spelled out on this issue in the case of United States v. Dempsy, 635 So.2d 961 (Fla. 1994). One of the central issues in the case was whether a parent under Florida law could recover damages related to the loss of the child's society and affection when the child suffered a serious personal injury but did not die as a result of the injuries.

The case law and legal precedents concerning child injuries and recoverable damages can be quite complex and confusing. Because of this, it is helpful to have the advice, consultation, and representation from the Florida Child Injury Attorney on this matters. You also can read more about child injuries and rights of recovery as well as burdens of proof in the book - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know. You can receive this book for free at - The ABCs of Child Injury.

In United States v. Dempsey, the parents were awarded monetary damages / compensation for injuries to their child that resulted in lifelong, severe mental retardation. The Supreme Court of Florida noted that a parent with a child (who was wrongfully and negligently injured due to the acts of others) had a legal right in the State of Florida to recover for the permanent loss of filial consortium resulting from the child's permanent injury. What is Filial Consortium? Filial Consortium is the A child's society, affection, and companionship given to a parent. These type of damages in a Florida Child Injury Case include the loss of companionship, society, love, affection and solace.

In the Dempsey case, the mother gave birth to a child at the Eglin Air Force Base in Florida. The child had breathing difficulties after birth. The tube meant to deliver oxygen to the baby was negligently inserted. By the time the medical mistake was discovered, the baby had been deprived of oxygen for a period sufficient to cause severe mental retardation. A lawsuit was later filed against the government and an award ultimately entered in favor of the parents. The damages awarded in this case included damages for the loss of society and affection of the child. The government appealed this part of the award.

The Supreme Court of Florida supported the award to the parents for loss of society and affection. In its ruling, the Supreme Court of Florida noted that the roots or history related to these damages went back to 1926 under the Wilkie v. Roberts decision. The Wilkie decision may have limited the award to the following:

(1) The loss of the child's services and earnings, present and prospective, to the end of minority; and

(2) medical expenses in effecting or attempting to effect a cure.

Since the Wilkie decision seemed to limit the amount of recovery, further case law was developed over time to the present day so that parents can seek compensation for loss of filial consortium. See also Yordon v. Savage, 279 So.2d 844 (Fla. 1973).

It appears that the loss of a parent of filial consortium may be limited to cases where there is a significant or serious personal injury and the facts should that the nature and quality of the parents relationship with the child are significantly impacted by the injuries or damages to the child. The Dempsey case seems to be a prime example of these kind of damages since the child suffered injuries leading to mental retardation that will have a lifetime effect on both the child herself and the parents derivatively from the child's injuries.

In Florida and other states, school bus drivers and school bus aides have a duty to supervise children prior to, during, and after transportation runs. Because of the risks and dangers of leaving a child unattended on a school bus or day care center bus / van, it is vital that bus drivers and aides carefully maintain check lists and follow procedures for the loading and unloading of children when transporting children to and from school day care and when transporting children on field trips.

The failure to unload children off of a school bus or day care center van puts the child in danger. Furthermore, whether there are injuries or not, the failure to unload a child from a school bus or day care center van can result in employment probation / suspension and even arrest / criminal prosecution. In Tampa (Hillsborough County), it was reported in December 2011 that a school bus driver and aide were terminated from employment when a 3 year old child was left on a school bus. The school bus aide was arrested on child neglect charges regarding the incident. It was reported that the child did not suffer physical personal injuries as a result of the incident. The child was left on the bus strapped into her seatbelt for over 5 years. See Florida School Aide Arrested After Being Left on School Bus. Since the incident happened in December 2011 and the weather was mild, no injuries resulted. If the incident had taken place during the summer months, the result may have been quite different in that the child may have been at risk for hyperthermia.

A simple checklist can avoid the oversight and neglect involved with leaving a small child unattended on a school bus or day care center van. Attendance / roll call should be consistently taken to ensure the health, safety, and welfare of children being transported by day care centers and schools. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know has chapters on Day Care Center Injuries, School Injuries, Damages / Compensation, and other topics. You can receive a free copy of this book at The ABCs of Child Injury.

In Florida and other states, parents lose a child due to the wrongful or negligent acts of another person or business. The Florida Wrongful Death of a child is a tragedy that a parent and family never recover from. A parent can never be prepared for the untimely death of a child from an automobile accident, pedestrian accident, bicycle accident, medical malpractice, or another incident. A Florida wrongful death attorney who handled child injury death matters can assist a parent through the complicated process of a Florida Wrongful death case.

A biological parent has rights to pursue damages as the result of the wrongful death of a child in the State of Florida. In some instances, the paternity or parenthood of a child had not been established prior to the death of the child. A formal marriage between the parents at the time of birth should not be and is not the legal prerequisite to bringing a wrongful death case when a child dies in the State of Florida.

In Wilcox vs. Jones - 346 So.2d 1037 (Fla. App. 1977), the issue presented before the Florida Appellate Court was whether a father (parent) of an illegitimate child may recover for the wrongful death of the illegitimate child. The Florida Court noted that a prior decision in Florida recognized the right of a mother of an illegitimate child to recover wrongful death damages for a child. The rights of the mother were clearly supported by Florida law. The Florida court noted that the natural father (biological father) is not less a parent than the natural mother (biological mother). Furthermore, it would be a violation of the equal protection clause of the State of Florida Constitution and the United States Constitution to recognize the parents differently.

The loss of a child due to a tragic but preventable incident is an event that is compensable in the State of Florida pursuant to Chapter 768 - Florida's Wrongful Death Act. Damages in the form of loss of support and services as well as pain and suffering type of damages can be pursued through the services and actions of a Florida personal injury lawyer.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Automobile Accidents, Medical Treatment / Medical Care, Damages / Compensation, and other topics. See The ABCs of Child Injury.

In Florida, the simple act of leaving a child in a running car can put the child at risk. In Casselberry, Florida, it was reported that a mother left her 2 year old daughter in the car while the mother went inside a dollar store. The man then drove the vehicle into a parking lot of a car dealership. Since the man was acting erratically, police were called and the man was taken under custody and later committed to a psychiatric facility. Tahe mother was issued a citation for leaving her daughter in the car. Fortunately, the child did not sustain any personal injuries and was ultimately reunited with her mother. This story shows the importance of supervision at all times possible. While it may be more inconvenient at times, always turn off the vehicle and bring the child into the store or location. Many other abducted children are not returned so quickly. Some are never found. See Police Report that Man Stole Car with Toddler Inside the Vehicle in Casselberry, Florida.

Anyone with the responsibility of watching or supervising a child should pay close attention to stories like these. News reports and simple mistakes by others can serve as great teaching tools for child care providers like parents, babysitters, teachers, school bus drivers, day care center drivers, and others. The book titled -The ABCs of Child Injuries - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Automobile Accidents, Day Care Center Injuries, School Injuries, Damages / Compensation, Medical Bills / Medical Treatment, and other topics. You can receive this book for free at The ABCs of Child Injury.

A family, neighborhood, and community are mourning the death of 16 year old - Alonzo Dewayne Knight. The shooting took place outside of Alonzo's home when he went outside to quiet some people who were arguing in the street. Thereafter, Alonzo was shot. The Pensacola News Journal reported that an arrest was made following the shooting. See Shooting Death of 16 Year Old Reported in Escambia County, Florida.

It is unfortunate that this young man lost his life at such a young age as a result of senseless violence. The unexpected and untimely death of a child is traumatic event that can and does affect a family for a lifetime.

The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Needs to Know - has chapters on Damages / Compensation, Medical Bills / Medical Treatment, Automobile Accidents, School Injuries, Injuries at the Home, Homeowner's Insurance, and other topics. A free book can be ordered at The ABCs of Child Injury.

The Brevard County Health Department is currently responsible for the inspection of 176 child care centers and 46 family day care centers operated out of private homes. For the past 20 years or so, Brevard County has completed these inspections and run the oversight of the child care facilities. Beginning January 1, 2012, the Florida Department of Children and Families will take over these responsibilities. Brevard County was one of only five of 67 counties in the State of Florida that completed the day care inspections. Regardless of the government entity conducting inspections, it is important for Florida day care centers to be inspected and to otherwise comply with the rules, laws, regulations, and statutes governing Florida Day Care Centers / Florida Child Care Centers. See Florida DCF to Take Over Day Care Center Inspections.

In Florida, Day Care Centers / Child Care Centers are subject to different rules and regulations. See Florida Day Care Center Rules and Regulations - Frequently Asked Questions. Unfortunately, children suffer personal injuries when regulations are violated by day care centers. When a child suffers an injury, there is questions and issued faced by the parent. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Center Injuries, School Injuries, Damages / Compensation, Medical Treatment / Medical Bills, and other topics. To receive this book for free, go to The ABCs of Child Injury.

Mark Woods is a writer with the Jacksonville Times Union. Woods wrote an excellent and right on point editorial article titled - Message to End Hazing Way Too Late. By now, it is well known at FAMU and the rest of Florida that a band member died and the death is suspected to be related to hazing. Since the death of FAMU band member - Robert Champion - other reports and incidents have come to light in the press and media. However, it appears that the existence and knowledge of hazing in the FAMU band has been well known to band members, former band members, band officials, and, yes, the administrators at FAMU. What was done to stop the hazing? What enforcement actions were taken? How were the activities of the band monitored? Was the atmosphere and environment of hazing tolerated? As pointed out so astutely by Mark Woods in his article, the band played on even though there were reports and incidents of hazing. Rules are one thing . . . . enforcement of rules is quite another . . .
Being selected to a band, fraternity, or sports team should result from hard work and dedication. Being on the team should not be preconditioned by hazing type of activities by other teammates or members. There should be a zero tolerance to hazing as this will be the only way to end years of abuse and neglect of the student / child.

In Florida and many other States, a doctor (including pediatricians and emergency room doctors) have a duty to report incidents or suspicions of abuse to State and / or local authorities. A study reported that 21 percent of physical injuries are consistent with abuse are not reported by health care professionals. There may be an increase in the incidents of child abuse due to the bad economy. Parents, often times stressed by the job market or mounting bills, will take out their stress on their children. Health care professionals including doctors need to be aware and trained as necessary on the signs and symptoms of abuse. It is also important for health care professional to know where and how to report incidents of abuse. See Reporting of Abuse by Health Care Professionals - Need for Better Reporting.

In Duval County, Florida, a criminal sentence was issued to Robert Allan Cowan. Mr. Cowan, age 50, was sentenced to a prison term of 140 years. Yes, that's correct, a 140 year prison term. Mr Cowan was convicted in Federal Court of having child pornography on his computer and some of the photos including those that Cowan took of a 4 year old child. The Florida Times Union reported that authorities found hundreds of photos and images of child pornography on his computer. There were even videos of children being raped. There are other charges pending against Cowan.

While the acts of Cowan are heinous enough on their own, they are even worse in light of the fact that Cowan previously worked as a Duval County School District guidance counsel and as a Nassau County School District principal. It is clear that Cowan is a person that should not have been allowed near children yet he chose a career in which he was surrounded by children on a daily basis. See Prison Term Issued to Former Guidance Counsel and Principal.

It is most unfortunate when a child is abused, neglected, or otherwise injured by the fault or negligence of another person or institution. In Florida, children have rights that should be enforced when these incidents take place. In some instances, there is a criminal prosecution. In some instances, there is a civil lawsuit filed. Sometimes both. When a child suffers a personal injury, there are often times many issues and challenges facing the injured child and the parents. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on School Injuries, Day Care Injuries, Damages / Compensation, Medical Treatment / Medical Bills, and other topics. You can receive a free book at The ABCs of Child Injury.

For years, the FAMU Marching Band enjoyed a reputation of performances filled with precision and wonderful music. Unfortunately, the famed FAMU Band Program is now getting press and publicity for something quite different - hazing. Since the death of Robert Champion, students, former students, and parents have stepped forward to recount incidents of hazing that resulted in both physical and emotional pain and suffering for the college student. Any form of hazing is unacceptable. In many instances, hazing is steeped in tradition, but, history and tradition do not justify abuse, neglect, and related harmful acts. See Hazing Reports and Incidents at FAMU.

When a child is injured due to abuse, neglect or hazing at a college, university, high school, middle school, elementary school, sports program, or day care center, it can and does cause long term problems for the child. It is also quite stressful for the parents trying their best to protect their children. Often times, school officials turned a blind eye to the bad conduct or otherwise fail to enforce policies and procedures in place to address and prevent acts of hazing.

In Orange County, Florida, a terrible crime was reported. Orange County Deputy Sheriff's reported that a 9 year old girl was raped by a 64 year old man at his Pine Hills apartment. The girl's family reported the rape to the sheriff's office who then proceeded to investigate the incident. The police report stated that the man (Maurice Smith) offered fruit to the girl and then invited the girl to his apartment. According to police, Mr. Smith admitted to the incident and to knowing the girl's age. Mr. Smith was charged with sexual battery and kidnapping charges. Mr. Smith will be entitled to be represented by a Florida criminal defense attorney or a Florida Assistant Public Defender.

The assault and attack on a little girl is certainly a heinous act that can and does result in serious criminal penalties and sentences. See Rape of 9 Year Old Girl Reported at Pine Hills Apartment Complex.

Many incidents of sexual assault and battery on a child go unreported. In the above case, the girl told her brother who then told his parents. Unfortunately, there are many people out there who prey on and victimize children.

In Orange County, Florida, a hearing was held to determine the fate of a German Shepherd breed dog who bit a 3 year old girl at a park. It was reported by the Orlando Sentinel that the dog bit 3 year old - Erica Leinhart - in the face. Following the dog bite incident, the Orange County Animal Service held a hearing to hear statements from the dog owner (Joseph Marcica) and the girls' parents - David and Alicia Leinhart. The father stated that the injuries to his daughter's face met the criteria as established by Florida law to meet the injury type that would justify the standard for euthansia of the dog. There were also statement presented by neighbors of the dog owner as to the prior acts of the dog. The dog owner countered with statements that the dog was not dangerous.
See Orange County Dog Bite Attack Animal Services Hearing.

With respect to the animal service hearing, a decision will be made as to the fate of the dog. Whatever decision is made, the fact remains that a child suffered a serious personal injury as a result of a dog attack in Florida. Far too often, children are the unfortunate victims of dog bite attacks. Many of these dog bite incidents are preventable.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Dog Bite Injuries, Medical Treatment / Medical Bills, Homeowner's Insurance and Claims, Damages / Compensation, and other topics. To receive a free copy of this book, go to The ABCs of Child Injury.