Florida Child Injury Lawyer Blog

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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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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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.

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

Posted In: Attractions & Theme Parks , Attractive Nuisances , Automobile Accidents , Automobile Insurance , Bicycle Injuries , Boating Accidents , Child Safety , Crimes Against Children , Day Care Centers and Child Care , Medical Care & Health Issues , Medical Malpractice , Motorcycle Accidents , Pedestrian Injuries , Playground & Recreation Injuries , Slip & Fall Injuries , Sport Related Injuries , Swimming Pool & Aquatic Injuries , Violent Crimes

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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.

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

Posted In: Abuse & Neglect , Crimes Against Children , Sexual Offenders / Predators , Violent Crimes

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DNA testing begins for Polygamy Sect Members in Texas.

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.

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

Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Sexual Offenders / Predators , Violent Crimes

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Florida schools and Florida children have problems with bullying.

Even one incident of bullying can scar a child for life and cause serious personal injury to the child victim. In Texas, the legislature passed a statute that defines and sets procedures within the local school systems for dealing with bullying. Laws like these can be helpful but it is virtually impossible to deal with and reduce the incidents of bullying without parental involvement. You can read more about bullying in Texas and the laws that were passed on deal with bullying at Schools Guard Against Bullying but Parents Say More Must Be Done.

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

Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Education , Violent Crimes

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A 4 year old child was beaten by a man after the child spilled some milk.

The Florida child suffered injuries to his leg and was taken to University Community Hospital. The suspect initially stated that the child may have fallen in the bathroom. The suspect later admitted that he kicked or stepped on the child's leg with his steel toed boots. You can read more about this story at Kid Beaten Over Spilled Milk.

In Florida, you need to take a test to get a driver's license. There is no such test to be a parent or to have a child. Parents should take notice of incidents like this. There is no reason to beat a child. Spilled milk and most of life's other problems are minor inconveniences rather than "real life" problems.

Children will make messes. Adults do at times as well. While spilled milk is not important, protecting our children is.

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

Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Violent Crimes

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Bad mothers sometimes pick worse boyfriends. In York, Pa., a 2-year-old died after mom's boyfriend beat her with game controller.

The boyfriend had a history of abusing the child. On the day of the incident, the mother actually heard the boyfriend beating the child. The mother later called 911 to get assistance for her 2 year old. The mother did nothing until she realized that her daughter was unconscious. The girl was pronounced dead at the Hershey Medical Center. Both the mother and boyfriend were arrested. You can read more about this sad and tragic story at 2 Year Old Died After Being Beating with a Video Game Controller.

Many parents tend to be selfish. A violent and abusive boyfriend and girlfriend should be dumped. Find someone else. Act in the best interest of the child - not your best interest.

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

Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Violent Crimes , Wrongful Death

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Jacksonville, Florida child injuries resulting from guns has been a problem for many years.

Throughout Florida and the United States, there are 10 - 12 firearm deaths daily to children under 19. If you are a gun owner or know somebody who owns a gun, it is important to take some basic but vital steps to protect and safeguard the weapon.

Our constitution gives us the right to bear arms. With such rights come great responsibility. A website called www.injuryfree.org provides good tips on Florida gun safety and other issues. If you own a gun, print out the list and make sure that you do everything you can to safeguard the gun. Your actions may end up saving a life in the future.

If you have a child or know a child who has been injured by a gun, it is important to have a Jacksonville personal injury attorney review the facts to determine your rights and remedies for the injuries caused to your child.

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

Posted In: Child Safety , Crimes Against Children , Gun & Firearm Safety and Injuries , Violent Crimes , Wrongful Death

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Florida children are injured and killed by guns. What happens if a child is negligently or purposely shot? Does Florida homeowners coverage apply? Well, in the words of many lawyers past and present, "it depends". As such, there is not clear cut answer for every case. As such it is important to hire a Jacksonville, Florida personal injury attorney to advise you and guide you through this most difficult and emotional issue.

Some child injuries and death result from crimes and others result from carelessness and negligence. It is impossible to create a complete crime free society; however it is possible to be more careful with guns, store them in a locked container, and keep the guns out of the hands of our children.

The starting place for any case of this nature is the insurance policy. Is there an exclusion for guns? Is there an exclusion for criminal acts? What is the exact language that is used?

Exclusion clauses, like an intentional or criminal act exclusion clause / or gun exclusion clause, are generally considered contrary to the fundamental protective purposes of insurance. As such, Courts will closely evaluate these clauses to make sure that there meaning is clear, concise, and understandable to an ordinary person.

In Hyrnkiw v. Allstate, 844 So.2d 739 (Fla. 5th D.C.A. 2003), the Plaintiff was shot by the son of the homeowners. The Plaintiff claimed that the homeowners were negligent in their supervision of the son and their supervision of the gun itself. The trial court ruled in favor of the homeowners insurance company (Allstate). Allstate argued that there was no insurance coverage for this incident due to an exclusion for intentional acts of the homeowners and / or their son. The Fifth District Court of Appeal agreed and ruled that there was no insurance coverage. While the homeowners could still be sued for negligence and the Plaintiff could pursue damages for his injuries, there was no insurance to cover the damages / injuries. While I do not particularly like the ruling in Hyrnkiw, I recognize and understand the rationale. Hyrnkiw does not apply to every case and every policy. As such, if you or a family member has been injured by a gun, it is important to consult with a Jacksonville Florida personal injury attorney to determine your respective rights including the applicability of homeowners insurance.

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

Posted In: Child Safety , Crimes Against Children , Homeowner's Insurance / Injuries at a Home , Violent Crimes

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Children are placed in Juvenile Detention Centers across the nation when they commit crimes. Ideally, the time spent away from home will improve the situation for the child.

In many cases, however, bad situations get worse especially when the child is abused or neglected by detention officials and other juvenile inmates. A study was recently performed that showed that 13,000 children across the nation were abused or neglected in the juvenile detention system. You can read more about this interesting but tragic study at Associated Press (AP) Finds that 13000 Children Were Reported to be Abused Across the Nation in 4 Year Time Period.

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

Posted In: Abuse & Neglect , Crimes Against Children , Sexual Offenders / Predators , Violent Crimes

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Bullying is an ongoing and serious problem in Florida schools. What is bullying? Well, it can range from subtle verbal slights to full on physical encounters between students. Surveys have tried to capture statistics regarding bullying. One such survey reports that approximately 10 percent of children survey stated that they had been hit or in a fight. Over 50 % of child surveyed reported being teased or called names.

School can be a wonderful experience for a child . . . then again, it can (at times) be a horrible experience as well. Teachers, administrators, and parents should watch out for any acts of bullying no matter how slight. It is important to teach children (both the aggressor and the victim) about the evils of bullying.

If a child is a victim of a bully in school or otherwise, the parent or supervising adult (teacher, day care worker, administrator, etc. ) may be held liable for the injuries caused to the child. Did the adult know about the propensities of the bully? What kind of supervision was in place?

When dealing with bullying, it is difficult for the parent of the victim. Do I report the incident? Should I go to the principal? Should I call the parent? Each situation is unique and must be approached with care and good decision on behalf of the parent.
You can read more about bullying the the survey results at Bullying Continues to Pose Problems in Schools.

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

Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Education , School Safety , Violent Crimes

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A Detroit, Michigan 7 year old is healing slowly from an eye injury after she was shot by her mother's former boyfriend. Alexis Goodin and her mother were taken at gun point by her mother's former boyfriend.

They were forced into the car and ordered to drive away with the former boyfriend. The boyfriend pointed a gun at the mother and Alexis took the bullet for her mother right in the eye. Alexis shouted, "Don't hurt my mother" as she jumped into the back seat with her mother. Since the shooting, Alexis has undergone 6 surgeries and is undergoing therapy.

This incident shows the dangers of certain relationships. Tempers can flare and the problems escalate when firearms / guns are involved. An innocent child was injured as she was going to the aid and comfort of her mother. Girl Who Took Bullet for Mom Heals Slowly.

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

Posted In: Crimes Against Children , Violent Crimes

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Victims and other persons can qualify for compensation under Florida Crimes Compensation Act. Pursuant to Section 960.065, Eligibility for Awards as follows:

(1) Except as provided in subsection (2), the following persons shall be eligible for awards pursuant to this chapter:

(a) A victim.

(b) An intervenor.

(c) A surviving spouse, parent or guardian, sibling, or child of a deceased victim or intervenor.

(d) Any other person who is dependent for his or her principal support upon a deceased victim or intervenor.

(2) Any claim filed by or on behalf of a person who:

(a) Committed or aided in the commission of the crime upon which the claim for compensation was based;

(b) Was engaged in an unlawful activity at the time of the crime upon which the claim for compensation is based;

(c) Was in custody or confined, regardless of conviction, in a county or municipal detention facility, a state or federal correctional facility, or a juvenile detention or commitment facility at the time of the crime upon which the claim for compensation is based;

(d) Has been adjudicated as a habitual felony offender, habitual violent offender, or violent career criminal under s. 775.084; or

(e) Has been adjudicated guilty of a forcible felony offense as described in s. 776.08,

shall not be eligible for an award.

(3) Any claim filed by or on behalf of a person who was in custody or confined, regardless of adjudication, in a county or municipal facility, a state or federal correctional facility, or a juvenile detention, commitment, or assessment facility at the time of the crime upon which the claim is based, who has been adjudicated as a habitual felony offender under s. 775.084, or who has been adjudicated guilty of a forcible felony offense as described in s. 776.08, shall not be eligible for an award. Notwithstanding the foregoing, upon a finding by the Crime Victims' Services Office of the existence of mitigating or special circumstances that would render such a disqualification unjust, an award may be approved. A decision that mitigating or special circumstances do not exist in a case subject to this section shall not constitute final agency action subject to review pursuant to ss. 120.569 and 120.57.

(4) Payment may not be made under this chapter if the person who committed the crime upon which the claim is based will receive any direct or indirect financial benefit from such payment, unless such benefit is minimal or inconsequential. Payment may not be denied based on the victim's familial relationship to the offender or based upon the sharing of a residence by the victim and offender, except to prevent unjust enrichment of the offender.

History.--s. 1, ch. 77-452; s. 1, ch. 79-297; s. 4, ch. 80-146; s. 2, ch. 85-326; s. 10, ch.

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

Posted In: Abuse & Neglect , Crimes Against Children , Sexual Offenders / Predators , Statutory References (Florida) , Violent Crimes , Wrongful Death

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An Ocala Florida man faces murder charges in the death of an infant cousin. The Marion County Sheriff's Office arrested Rishi Abraham Ramgoolie for the death of a 5 month old cousin that he was baby sitting. Mr. Ramgoolie gave two different accounts on how he discovered the infant coughing up blood. According to news reports, neither versions supported the physical or medical evidence regarding the injuries. Further investigation will be completed by the Marion County Sheriff's Office and the State Attorney's Office. You can read the story at Ocala Man Faces Murder Charges.

This story shows the importance of having a reliable and trust worthy babysitter in place for your children. Just because a person is a blood relative does not make that person responsible or a good babysitter.

Of course, Mr. Ramgoolie will have the opportunity to defend himself with a private criminal attorney or the public defender. The follow up article to this story revealed that the infant had multiple skull fractures. See Infant's Skull Had Multiple Fractures - Baby Sitter Charged Murder.

If you have a question about a criminal or civil case as a Plaintiff, Defendant, or Victim, it is helpful to have the advice and counsel of a Florida attorney.

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

Posted In: Abuse & Neglect , Crimes Against Children , Violent Crimes , Wrongful Death

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BB guns and air powered rifles can cause serious personal injury and death to children. It is important that parents monitor the use of BB guns and air powered rifles in the possession or control of a minor. I personally have decided to refrain from such purposes. My kids play and argue with each other and friends all the time. I do not think that a BB gun or air powered rifle are smart purchases. The Consumer Product Safety Commission recommends that children under 16 refrain from using high velocity BB guns or pellet guns.

If a child is injured as a result of the negligent or even purposeful use of a BB gun, pellet gun, or air powered rifle - there may be an action for negligent supervision and / or negligent entrustment. Many of these cases are covered under homeowner's insurance policies. Call a Jacksonville Florida injury attorney for more information on claims of this nature.

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

Posted In: Child Safety , Crimes Against Children , Homeowner's Insurance / Injuries at a Home , Violent Crimes

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