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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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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Children in day care centers and child care centers in Jacksonville Florida and other cities are at risk for personal injury when unsafe or damaged furniture is kept in the classroom and other areas of the facility. Chairs and tables, even ones that are not that heavy, can cause severe injuries to a young child. When possible, furniture should be secured or fastened to walls or the floors. Legs to tables and chairs should be even and firmly in place to prevent tipping and collapse. Children will be children. As such, extra care should be taken to remove or secure furniture that could fall on a child. Day care operators and employees should be diligent to providing a safe environment for the children. If a child has been injured due to unsafe or damaged furniture or the negligence of others, it is helpful to have the advice and counsel of a Jacksonville Florida child personal injury attorney to enforce the rights of the injured child and the parents. I ran across an informative web site called www.thenewparentsguide.com This web site had a good article about day care centers - Choosing a Good Day Care Center. Many injuries and problems can be avoided up front by taking the time to select a good day care center that carefully monitors and controls the environment for children.

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

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

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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.

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

Posted In: Attractive Nuisances , Child Safety , Crimes Against Children , Day Care Centers and Child Care , Education , Playground & Recreation Injuries , School Safety , Slip & Fall Injuries , Sport Related Injuries , Wrongful Death

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The Florida Times Union newspaper web site has a tool to research summer camps in Jacksonville Florida. The 2008 Summer Camp Directory should be used by every parent and caregiver making a decision about summer camps. Parents should be careful when selecting a summer camp. Look at the decision like you would for day care or school. The adult and teenage counselors will have the responsibility for watching over and supervising your children. Injuries to children and other incidents can happen at a summer camp in Jacksonville Florida. The careful selection of a summer camp may help avoid these problems in the future. Accidents do happen at summer camps. Some incidents are caused by the negligence of the summer camp and its counselors. Others are not. If there is an injury at a summer camp, day care center, or school - it is important to get legal advice from a Jacksonville Florida personal injury attorney to understand and pursue the rights of the injured child.

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 , Education , Playground & Recreation Injuries , School Safety , Sport Related Injuries , Swimming Pool & Aquatic Injuries , Wrongful Death

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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.

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 , Education , School Safety , Traffic Citations

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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.

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.

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

Posted In: Abuse & Neglect , Attractive Nuisances , Child Safety , Crimes Against Children , Day Care Centers and Child Care , Education , Playground & Recreation Injuries , School Safety , Sport Related Injuries

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Florida schools do not permit children to bring weapons into to the school. Some children bring in home prepared meals and from time to time bring knives in to cut their food - - bad idea.

An innocent thing like bringing in a kitchen utensil can get the student suspended, expelled, and yes arrested. In Ocala, Florida, a 10 year old girl faces felony charges after she brought in a kitchen knife to cut up her lunch. Teachers confiscated the knife and called the police. The student was taken to the Juvenile Detention Center. The student's unclce made this statement, "We do understand there needs to be measures taken to make sure people don't come to school with weapons in light of what has happened at schools over the past years, he said. "But she's a really good kid. She was crying her eyes out."

It appears that schools will not distinguish between a tool and a weapon. If the student used the knife, another student could have grabbed the knife and harmed someone. Do not send your child to school with a knife.

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

Posted In: Education , School Safety

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As a child, I loved recess and some of the classic games played at recess which included tag, Red Rover, King of the Mountain, and the Merry Go Round. Unfortunately, bigger and rough kids often times make these innocent games too rough to continue.

Rough play can turn the school yard into a serious personal injury zone to Florida children.

Equipment such as swings, teeter tooters, and Merry Go Rounds have been removed from some playgrounds due to safety concerns. Games like tag and Red Rover have been discontinued since smaller children have been seriously injured by bigger children. The Dallas Morning News newspaper published an interesting article on this topic which can be viewed by clicking here.

Supervision is still key to playground safety. Kids will still be kids during recess. If you do not supervise them, trouble will happen. It is far easier to remove the Merry Go Round from the playground than the troublemaker and the bully.

If you feel that there are safety issues at school or a playground, contact the school administration, the local school board like the Duval County School Board or the St. Johns County School Board, and / or a Jacksonville Florida Personal Injury Lawyer.

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

Posted In: Education , Playground & Recreation Injuries , School Safety , Sport Related Injuries

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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 person is innocent until proven guilty; however, things do not look too bright for 29 year old art teacher, Robert Jeremey Krug, was arrested for maintaining a drug dwelling and possession of drug paraphernalia. Police found $6,000 of cash in the home.

Teachers have a tremendous influence over children especially those teachers responsible for teaching resources like art, physical education, and computers. The arrest took place after a 6 week investigation. As such, it would appear that the evidence is fairly solid against Mr. Krug.

It appears that Bartram High School will be in search of a new art teacher in light of the arrest and the future for Mr. Krug.

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

Posted In: Child Safety , Education , School Safety

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Arguments lead to fights in and near Florida schools . . . fights lead to shootings . . . shootings lead to injury and death to Florida children. Two 10th grade students were shot in the Tampa area after they got off a school bus in an area near some housing projects. Soon after getting off the bus, the two students got in an argument with others who pulled out guns and shot the students.

No fight or argument is every worth it.Problems at school bus stops should be reported to the bus driver, school administration, the school board, and, if necessary, to the police.

If your child has been injured as a result of a school bus incident or accident, call a Jacksonville Florida personal injury attorney for advice and counsel.

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

Posted In: Crimes Against Children , Education , School Safety

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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.