July 22, 2008

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

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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.

July 10, 2008

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

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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.

June 30, 2008

Jacksonville Florida Parking Lot Incident Injures 3 Year Old Dakira Lykes- Driver Stephen Marzetti Leaves the Scene

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Parking lots can be a dangerous area for children especially when a negligent driver hits the driver. Dakira Lykes, age 3, was struck by a car driven by Stephen J. Marzetti. Marzetti apologized at the scene of the accident but then took off. He was later located outside of a store on Blanding Boulevard and then arrested for leaving the scene of an accident. He was also charged with possession of marijuana.

Young children do not always have good safety judgment. As such, drivers should be extra careful when driving in an area with children including but not limited to apartment complexes, malls, shopping centers, schools, churches, and residential neighborhoods.

A Florida Child Injury Lawyer can help investigate the accident and pursue compensation for medical bills, pain and suffering.

June 27, 2008

Florida Anti Bullying Law - Can I Pursue a Legal Case for Damages Under this Law?

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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.

June 26, 2008

Dangers of Cell Phones in the Locker Room - Protect Your Florida Children

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A disturbing incident took place in Ponte Vedra Florida recently. Ponte Vedra is located just South East of Jacksonville. It is a nice place to vacation and live with great beaches, restaurants and homes. Unfortunately, the Ponte Vedra Inn and Club was the site of the arrest of Andrew Warren Hahn, 24, who was charged with video voyeurism for taking photos of a 3 year old and 8 year old in the locker room. Mr. Hahn was confronted by the father of the children and later apprehended by security guards. He was later arrested by the Jacksonville Sheriff's Office. It appears that Mr. Hahn's cell phone will be a primary piece of evidence for the criminal case.

As a parent and Florida child injury lawyer, I am most concerned about the actions of Mr. Hahn and will advise parents to stay close to their children in any situation where strangers may be present to commit lewd acts.

The events at the Ponte Vedra Inn and Club should prompt parents to stay close to their children and to ask any questions when something unusual takes place. The father of the children did a good job of confronting Mr. Hahn and getting the security involved to apprehend him. Hopefully, Mr. Hahn had not done this in the past at the Ponte Vedra Inn and Club. Obviously, if the evidence confirms the allegations, Mr. Hahn should not be allowed back in the club or around children for that matter.

You can read more about the incident at the St. Augustine Record at Jacksonville man arrested on video voyeurism charge

June 13, 2008

Spinal Cord Injury in Florida Children - Causes of Injury

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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.

June 9, 2008

Quick Checklist for Safety on Florida Playgrounds - Preventing Child Injuries

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As a Jacksonville Florida child injury lawyer, I feel that it is my responsibility to share my experience and expertise with others not only as a lawyer but also as a safety advocate. Parents, teachers, volunteers, day care workers, and child care workers can take action to better supervise children and the playgrounds in the community. The National Program for Playground Safety is a non profit organization that promotes playground safety in Florida and other states. A Quick Checklist and other valuable tips can be accessed at the National Program for Playground Safety web site.

Unfortunately, many children are injured every year on Florida playgrounds due to defective equipment, poor maintenance, bullying, and the lack of proper supervision by adults charged with the responsibility of watching our children. If you feel that your child has been injured by negligence at a Florida playground, call a Florida child injury lawyer for advice and guidance.


June 5, 2008

My Child Was Injured in a Florida Day Care Center - What Can I Do?

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"My child was injured in a Florida Day Care Center - What can I do?" As a Jacksonville Florida personal injury attorney, I am frequently asked this question about injured children in day care centers. Unfortunately, day care center operators and their employees fail to provide a safe environment or fail to supervise children under their care. When the environment is unsafe or a child is not properly supervised, injuries and some times deaths result. Injuries include lacerations, abrasions, fractures, and eye injuries. If you suspect that your child has been injured as a result of negligence or carelessness at a Jacksonville or other Florida Day Care Center, call a Florida child personal injury lawyer to represent and enforce your child's rights.

If injuries resulted from negligence or carelessness, compensation can be pursued for the child's mental pain and suffering and loss of enjoyment of life. In addition, parents can be compensated for the loss of services and companionship of the child.

The Florida Department of Health provides a good overview of child care centers and the required inspections and requirements for these facilities. There is also good information on reporting deficient child care centers. Go to Florida Child Care Center Overview for more information.

June 4, 2008

Naked Photos Get Teens in Trouble on Cell Phones and Internet

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Teenagers are committing crimes every day on their cell phones and the Internet in Jacksonville Florida and other communities around the United States. Because of these acts, some teens may need a criminal attorney to defend them while others may consider hiring a civil attorney to pursue damages for the heinous acts of posted nude photographs on the web and e mail the photographs to others. Posting photographs of a teen's boyfriend, girlfriend, or (in many instances) the ex has landed many in hot water. You can read more about the poor judgment and criminal acts of teens at Naked Photos and E Mail Get Teens in Trouble. It should emphasized that the children are the victims of this crime. What may seem humorous to one teen is really a nightmare for others. As parents and guardians of our children, we should do everything we can to monitor and stop this kind of behavior.

May 28, 2008

Who is considered a child under Florida's Wrongful Death Act?

When there is a wrongful death in Florida, a spouse and minor children can recover damages for mental pain and suffering and for lost parental companionship due to a parent's death. Under Florida's Wrongful Death Act, a minor child is defined as a child under 25 years of age. If there is no surviving spouse or the decedent was divorced at the time of death, then adult children can recover damages for mental pain and suffering and lost parental companionship. There is an exception for medical malpractice cases in Florida. A person must be survived by a spouse or minor children (under the age of 25) to recover damages for mental pain and suffering and for lost parental companionship.

Wrongful death cases can be quite complex and and it is important to obtain the advice and representation of a Jacksonville Florida personal injury lawyer to pursue damages resulting from the negligence of another person, business, or medical provider. You can read more about Florida's Wrongful Death Act at the Florida Statutes Official Website.

May 26, 2008

Dangers of Jacksonville Florida Bus / Van Day Care Transportation

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A Jacksonville Florida day care center (Kids Creation Day Care) was caught by local officials cramming 38 children in a bus / van with a capacity for 15 children. An employee at Chuck E. Cheese observed the overloaded bus / van and called the police. The employee should be commended for identifying the problem and contacting officials. Too many day care centers and school place Jacksonville Florida children at danger and at risk for injury and death by overloading bus / van transportation. There is no excuse for such acts. Get another van. Pay the money and protect the children. It is fortunate that there were no auto accidents resulting in injury. If you see a problem with the transportation of children by any day care center, school, or other group, call the police. You can read more about this story at Florida Day Care Center Faces Fine After Cramming 38 Tots in a 15 Passenger Van at the AHN (All Headline News) Website by Linda Young.

May 23, 2008

Jacksonville Florida Day Care Ratings - Parents Need to Know

A recent editorial opinion written in the Florida Times Union covered a program that rated local Jacksonville Florida day care centers on a five star system.

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As stated in the article, I also agree that the more information that a parent has - the better. It is important for parents to research and gather information regarding day care centers, schools, sport leagues, music schools, tutoring businesses, and all other entities that purport to care for, teach, or supervise children. Parents who retain my firm for a personal injury matter are often surprised to find out the history and track record of the at fault day care programs and other entities. It is important to be proactive before an injury takes ever takes place. If you have any questions about an injury at a day care center, school, park, sports, league, or other entity where a Florida child was injured, it is helpful to contact a Jacksonville Florida Child Injury Lawyer for consultation, advice, and representation. The laws and insurance issues can be quite complex and it is vital to have legal representation to enforce and protect the rights of the injured child. You can read more about the Jacksonville Florida Times Union editorial at Child Care Ratings - Parents Need Good Info.

May 2, 2008

Brave Teen's Text Message Leads to Arrest of Robbers - The Power of the Text Message

Mobile phones can be very useful in protecting children. In Columbus Ohio, a 13 year old stayed home from school because she was sick.

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She heard intruders break into her home. The teen hid in her bed and text messaged her mother about the intruders who were ransacking the house. The mother called 911 and raced home. When the mother got home, she rammed her vehicle in the robber's vehicle parked in the driveway. Police arrived and arrested the criminals.

The use of text message was particularly helpful since the teen had to remain quiet while the intruders were in the house. You can read more about this story at Teen Hides Under Covers and Foils Burglary with Text Message.

April 25, 2008

Man Charged with Attempting to Molest Teen at Jacksonville South Mandarin Florida Public Library

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An 18 year old man (Bruce Roberts) was recently arrested for attempting to molest a 15 year old at the South Mandarin Jacksonville Florida Public Library. The incident took place in the men's bathroom at the library. Roberts tried to molest the teen in the bathroom. The teen pushed Roberts away and promptly told his mother. Library staff members reported the tag member for a BMW that had dropped Roberts off at the library. The Jacksonville Times Union newspaper reported that Roberts may be mentally challenged. The South Mandarin Library is located in Mandarin which is a suburban area with some commerce down San Jose Boulevard located in South Jacksonville / South Duval County Florida.

April 24, 2008

DNA Testing Begins for Polygamy Sect Members in Texas

DNA testing begins for Polygamy Sect Members in Texas.

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Officials are having problems sorting out family relationships within the sect. Names have been changed and sect members have not been very cooperative with the investigation. As such, Officials will attempt to use DNA testing to re-create and identify family trees. Sect members are suspected of allowing and encouraging underage marriages and sexual relationships. You can read more about the status of the case involving the Yearning for Zion Sect at DNA Tests Begin in Polygamy Case.