Florida Child Injury Lawyer Blog

Florida is a warm weather State. Better stated, Florida is a hot weather State that offers many attractions like beaches and theme parks. Florida's hot weather also presents dangers to children left in hot vehicles during all times of the year especially Summer months. The death of Haley Brockington who was left in a day care center van illustrated the dangers of Florida's weather combined with the inattention of staff along with the lack of policies and procedures or the failure to follow adequate policies and procedures. See Why Did Haley Brockington (Age 2 1/2 Years Old) Die in Katie's Kids Learning Center Van? Legal Rights and Responsibilties See also See also Leave a Child Alone in a Car Can Lead to Serious Personal Injuries, Death, and Prison Time in Florida.

Here are some general tips for Florida day care centers and all other transporters of children to consider to make sure that a child is not left unattended in a hot car in Florida:

1. Never leave a child alone in a hot vehicle. A 5 minute visit to the store can easily turn into a 25 minute visit which an mean the difference between life and death for some children.

2. Have a checklist of that is consistently followed at the end of any transport of children. Double and triple check the list to make sure that every child is removed from the vehicle, bus, or van.

3. Put an item like a stuffed animal or other object in the back of the vehicle, bus, or van. This will serve as a reminder to check all parts of the vehicle and make sure that all children are removed from the vehicle. If you did not bring the stuffed animal to the front of the vehicle or in with you, you did not check the vehicle thoroughly.

4. Train and instruct all transporters of children as to the dangers of leaving a child in a vehicle. Ignorance is rampant as to the dangers of leaving a child in a hot car. Make sure that the driver and other transporters of children understand and recognize the risks and are instructed to never ever put a child at danger.

5. Have a written policy and procedure in place that must be followed each and every time that a child is transported and follow it consistently.

A 52-year-old Alachua County school bus driver, Georgia Merriex, was cited after reportedly running into a car. The Florida Highway Patrol reported that Merriex was headed to Fort Clarke Middle School when a car stopped in front of her bus. Merriex tried to change lanes to avoid the collision but could not stop in time. Only one child on the bus complained of injury, a mild neck pain. All the other children on the bus continued on the trip to school. The driver of the other car did report any injuries. Merriex was cited with careless driver.

Luckily, no one in this collision suffered any severe personal injuries. Hopefully, the one child who did complain of neck pain recovers swiftly. Highways and roads are dangerous places for children. Added to their inherent dangerousness, is the increased amount of traffic during morning and afternoon commutes. All automobile drivers should be aware of their surroundings while driving. Driver distraction should be minimized. School bus drivers have the added responsibility of ensuring safe transportation of every child under their supervision. School bus drivers should be extra cautious so as not to jeopardize the safety of children and others while operating school buses on our Florida roads and highways.

To read more about this accident see Alachua County School Bus Driver cited with Careless Driving.

In Duval County (Jacksonville) and other Florida school districts, there is a problem with bullying. Sometimes, the bullying is subtle and at other times the bullying takes the form of life threatening violence. Either way, the bullying can have a profound effect on the child victim who can suffer from physical and / or psychological persona injuries. It was reported in the Jacksonville Florida Times Union that the Duval County - Jacksonville - School District will being tracking incidents and reports of bullying for the 2010 - 2011 school year. The tracking of this information and data can lead to a better understanding of bullying acts. I suspect that a great deal of bullying goes undetected or unnoticed by the school system because it is not reported. Some parents and children believe that reporting a bullying incident can actually lead to more problems or an aggravation of an already bad situation.

All parents should take action to address bullying acts or situations. Unfortunately, some parents turn a blind eye to bullying situations or deny the fact that it exist at all. No parent wants to think that his or her child is being a victim of bullying or that his or her child is actually committing bad acts as a bully.

See Duval Schools Will Start to Track Bullying Complaints.

Does bullying occur at the daycare or pre-school level?

There are different degrees of bullying. On one end of the spectrum, you have a person who has just engaged in his or her first bullying experience and may become so torn by feelings of guilt about their behavior they may never bully again. On the other end, there is the persistent bully who will do anything to anyone to get what he or she wants.

Pre-school vs. Day care

There is a difference between bullying at the different facilities. At the pre-school level, it is important to distinguish bullying from a a child or toddler merely acting out. It has been suggested that to be a “bully” one must appreciate and understand what he or she is doing – lowering someone else’s self-esteem in order to get what they want. However, at the daycare level this distinction is not so apparent. Florida day care centers are comprised of children ranging from various ages and not just very young children who may not understand the full consequences of their behavior.

If a child has suffered personal injuries or harm as a result of bullying at a day care center, a child injury lawyer may be able to assist in reviewing and enforcing the legal rights of the injured child. When a child has suffered injuries, there are many issues for a parent to deal with including medical care, medical bills, and the suffering of the child.

Is hazing a crime in Florida? The answer is a resounding YES. See Section 1006.63, Florida Statutes - Hazing Prohibited. Many think that putting a pledge or recruit through humiliating and physically and psychologically demanding tasks is a right of passage. Typical excuses for such illegal conduct include:

"This is what I had to do when I was a pledge."

"We have a tradition and all pledges must go through this."

"When you become a member, you will understand what we are putting you there."

"We are just having fun with you. Just do it."

The above statements and excuses are weak especially when the health, safety, and welfare of a child or adult at at risk. Beside the moral and health issues associated with hazing, it is felony or misdemeanor crime (depending on the circumstances and intent) to haze or commit hazing type acts in the State of Florida. Florida law will prevail over tradition every time. Just because something has been done for a long time does not make it right, acceptable or legal. If you or your child has been a victim of acts of hazing contact a Florida Personal Injury Lawyer for advice and consultation as to the rights of the victim. Hazing has been a tradition of the past . . . don't let it be an ongoing and current tradition.

In Florida, hazing is defined under Section 1006.63, Florida Statutes. The title of this section of the Florida Statutes is Hazing Prohibited. This statue and section should make it clear that hazing is a crime in Florida. Hazing is defined in a very detailed manner under this statute. The definition includes any act or situation that intentionally endangers the mental or physical safety or health of a student for initiation or admission pursues into an organization of a post secondary institution. This Florida Statutes includes in the definition of hazing the following:

*pressuring or coercing a student to violate Florida or Federal laws;
*brutality of any physical nature;
*whipping, branding, beating, and / or exposure to the elements; and
*forced consumption of liquor or food or other substance.

There are other details or acts that also constitute hazing - See Section 1006.63, Florida Statutes.

Hazing is no laughing matter as a student can suffer or be at risk to serious personal injuries physically and / or psychologically. For those encourage or participate in hazing activities, keep in mind that it is not only cruel act to haze but it is also against the law and can result in a criminal conviction, jail time, and fines. It can also cause serious personal injuries that can last a life time for the victim.

In Escambia County (Pensacola), Florida, there was an accident involving a van and a bus transporting students from Pine Forest High School. It was reported that the van sideswiped the school bus that was occupied by the high school students. Drivers should always be alert when driving on Florida highways. This is especially important when there are children and school buses in the area. Florida Highway Patrol believes that alcohol may have been a cause or element of this crash. A high school student and a bus attendant were taken to an Escambia county hospital. See 2 Injured in Escambia County School Board Crash.

In Florida, some teacher make headlines for great teaching or accomplishments in the community. Others make headlines when they get arrested and / or fired for having sex with students or inappropriate conduct with teachers. It is estimated that more than 175 teachers in Florida lost their licenses over the past 5 years for sexual misconduct / actions that ranged from sex to touching to inappropriate text messages and e mails. One such incident took place in Tamarac. Josie Stratton was a biology teacher at J.P. Taravella High School. While working as a teacher, she became involved with a "love" affair with a 17 year old student. This inappropriate relationship led the student to moving out of his house and marrying the teacher. The marriage lasted only 5 months. The State of Florida subsequently revoked the teacher's teaching certificate. This is one of many incidents that has tarnished the image of Florida schools and Florida's education system. Most teachers are great and very supportive of the children under their supervision and tutelage. It is a shame that a few "bad apples" use poor and selfish judgment which, in turn, is harmful to the child victim, the school, and the community. You can read more about this topic at Teachers and sex: Scores in Florida have lost jobs due to improper conduct with students.

The School Board of Marion County Florida voted to strike a paddling provision from the student discipline areas. Marion County Schools which include schools in Ocala will not longer be able to use paddling as a discipline measures for the 2010 - 2011 school year. Many parents and others do not realize that paddling is still a discipline measure used in schools throughout the nation. Fortunately, many school districts like Marion County are taking steps to remove this archaic and cruel use of punishment in the school system. Paddling a child into submission is ineffective. Alternate discipline and behavioral modification techniques should be used. You can read more about this story at Florida School Board Strikes Down Paddling Policy.

In Jacksonville, Florida, an elementary school bus driver recent lost it and went on a rampage by attacking a number of students on a bus. According to a story posted in the Jacksonville, Florida Times Union newspaper, the Jacksonville Sheriff's Office responded to a scene of angry and upset parents along with their frightened children who were attacked by a school bus driver. The children were on their way home from Twin Lakes Elementary School at the time of the incident. The driver was upset because the children were noisy and would not quiet down. Thereafter, the bus driver allegedly slammed on the brakes and went towards the back of the bus and started attacking the children. The Jacksonville Sheriff's Office will be investigating the incident. In the interim, the driver has been taken off the job by Durham School Services - the company that provided the school bus services to the Duval County School District.

Students do have the responsibility of behaving and being quiet on a school bus so that a school bus driver is better able to concentrate on his or her driving. If there is a problem on a school bus, a driver can pull the bus over in safe manner and then address the situation; however, corporal punishment / assault of children on a school bus by a school bus driver is not the way to go. It puts children at risk for serious personal injuries. Furthermore, it is quite frightening for a child to be hit or even threatened with harm by an adult in an authority position like a school bus driver or a teacher. There is no provision in the Duval County School Board Policy Manual that allows a teacher or school bus driver to punch, push, assault, pull the hair, or otherwise harm a child under the supervision of the school system.

The Duval County School Board and its agents are not immune from liability just because it is a government entity that operates a public school. The Duval County School District can be held liable for the negligent and dangerous acts of his employees and agents. This goes the same for the school bus company employed by the school board.

When a parent sends a child to school, it is expected (and rightfully so) that the child will be supervised in a safe and controlled environment. It should be noted that this matter is under investigation and the school bus driver will be entitled to defend himself through an attorney should charges be brought on this action. Statements must be taken and evidence will be reviewed. If there is a video of the incident, this may help provide investigators with a better picture of the incident. You can read more about this case at Jacksonville, Florida School Bus Driver Removed After Assault Incident / Allegations.

In Florida elementary, middle and high schools, there are reported incidents of violence and assaults against students. In Fort Lauderdale, a middle school student (Josie Lou Ratley) was stomped on by steel toed boots and punched in a vicious beating. Wayne Treacy is accused of this crime. His case recently came before a Fort Lauderdale judge who denied bond for the teen criminal defendant. Treacy is represented by a criminal defense attorney and it is reported that Treacy plans on pleading not guilty to the charges. See Bond Denied for South Florida Teen.

Tragically, Josie Lou Ratley suffered serious personal injuries in the form of extensive brain damage as a result of the alleged beating. The incident took place at a South Florida middle school. Ideally, schools should be a haven for children to grow, learn, and socialize. Unfortunately, violent incidents take place in Florida shows that make them anything but a safe haven.

Is Corporal Punishment allowed in my child's Florida public school? This is an excellent question. The answer to the question depends on the school board district policies and procedures. Most school districts prohibit corporal punishment. If a parent or guardian has a question about corporal punishment in a school, the parent or guardian should first review the policies and procedures for the school district. For example, in Orange County (Orlando), Florida, "the school board prohibits the administration of corporal punishment in the school system." This is a clear statement of policy that must be followed by all school employees. It does not matter that the teacher feels differently or raised his or her children with the use of corporal punishment.

If you believe that your child has been a victim of corporal punishment or has otherwise suffered personal injuries in a Florida school, contact a Florida Child Injury Lawyer for advice and representation. Issues in these cases involve school board policies and procedures, Florida statutes, a review of the incident report, a review of the medical records, insurance, and other matters.

Text messages can also get you in trouble. In Winter Park, Florida, a former band teacher admitted that he sent inappropriate text messages to a student. Joel Moody, age 31, sent sexually suggestive text messages to the student. While it was reported that the student was 18 years old which is the age of majority or adulthood in Florida, the band teacher was in a position of trust and responsibility and should not have sent out these suggestive and inappropriate text messages. Band teachers and other educators have a duty to teach our children not to send out inappropriate text messages. Furthermore, text messaging and friendships between teacher and student often times lead to sexual contact and inappropriate and illegal relationships. Teachers should know the boundaries and should avoid committing any acts that are inappropriate or even have the appearance of impropriety. You can read more this story at Winter Park Band Director Admits to Sending Out Inappropriate Text Messages.

In Florida, children are transported to and from schools every day. It is important for drivers to be careful anytime that there is a school bus on the roadway. It is and should be well known that school buses make frequent stops and that children often times need to cross streets after exiting a school bus. In addition, children are at risk for injuries on school bus when there is an accident. In Bonita Springs, Florida, an accident was reported. The incident involved a 19 year old driver who crashed / rear ended the school bus. The car was actually wedged under the school bus as a result of the crash. The driver was later arrested and charged with DUI.

Of course, the driver will be entitled to representation in the criminal case by a public defender or a private attorney. However the criminal case works out, it is important for all drivers to be careful when driving on the roadways and be on the look out for school buses and child pedestrians. You can read more about this story at Driver Arrested Following Bonita Springs School Bus Crash.

In Florida, there is a great program called the VPK Program or the Voluntary Pre-Kindergarten Program. This program provides free pre-kindergarten tuition to 4 year olds in the State of Florida. In every community, there are VPK programs that accept students. The State of Florida picks up the bill. Even though the VPK program is free and regulated by the government to some extent, it is still important for parents to diligently inspect and check out the facility to make sure that it is safe and a good learning environment for the child. There is a good resource on the Internet that allows parents to get some basic information regarding a VPK program. I recommend that every parent go to this site and find out more information about the VPK program. The Florida Department of Education has a VPK Provider Readiness Rate Website. Check it out.

Robert J. McComiskey of Interlachen, Florida was allegedly driving his pickup truck without a license on a recent Friday morning, when he reportedly failed to yield the right away to a school bus. The bus swerved but was unable to get out of the way. McComiskey’s pickup hit the side of the bus where a six year old boy was sitting. The child suffered only minor injuries, and the other three children on the bus were not injured. The driver of the bus escaped injury as well.

According to the Florida Highway Patrol, the accident occurred at the intersection of Theresa Avenue and Diane Street in Putnam County at 9:30 am. Even though McComiskey was wearing a seatbelt, he was critically injured and had to be taken to Putnam Community Medical Center in Palatka, Florida. The Florida Highway Patrol has charged him with violation of right of way and operating a motor vehicle without being licensed.

I find myself writing about school bus accidents that cause child injuries far too often. Drivers need to be extra cautious when they see a school bus approaching and be sure to follow the rules of the road, especially those designed for school bus safety. When it comes to driving near schools and school buses, a little extra caution can help save lives.

Find out more about this story at School bus crash: 6 year old hurt.

The federal government is considering a ban on junk food in public schools; the purpose of the ban is to help keep children from becoming obese. The ban would prohibit sugar loaded sodas, candy bars, pastries and salty snacks from being sold on school property. If the ban goes through, all public schools in the United States will have to replace sodas in the machines with healthy alternatives like water and juice.

While the ban may make sugary snack less available to Florida kids, it may also have a huge impact on lucrative vending contracts that Jacksonville, Florida schools districts use to support athletic programs and other extracurricular activities. It is unclear if kids will want to pay as much for healthy alternatives as they do for sodas.

Last year the Duval, Clay and St. Johns county school districts made $2.4 million in extra cash through exclusive beverage contracts with PepsiCo. School officials are very worried that they would not be able to make up such a large loss through other means.

While health officials applaud the efforts to remove junk food from schools, many of the soda companies have put up little resistance, presumably because most of them also bottle juices and waters that they can sell in place of their less healthy beverage options. Read more about Florida school contracts with the major beverage companies and plans to cut back on junk food in campus vending machines at Federal ban on junk food, sodas in schools could impact First Coast deals.

If your child has been injured due to negligence or a defective product, please contact our firm for business legal counsel.

In Florida schools as well as other schools around the nation, special needs and disabled students are unduly and aggressively restrained every day in the classroom. Many child safety advocates argue that in these modern times - child restraints should be limited or eliminated from the classroom. This is especially true when children are physically and emotionally harmed from the unnecessary or overuse of these restraints. Florida State Representative Dorothy Hukill - Republican from Port Orange, Florida is sponsoring a bill that would limit of the use of the public school use of restraints. Hopefully, the bill will pass and measures will be taken in public as well as private schools for the proper education and supervision of disabled and special needs children in the school system. You can read more about this topic at Florida - Limiting the Use of Restraints in the School System.

A national movement that aims to legislate how doctors, young athletes and coaches deal with concussion injuries is gaining momentum. At this year’s Super Bowl, taking place in Miami, Florida, Governor Charlie Crist will be announcing plans for a national initiative that would encourage all fifty states to adopt concussion legislation modeled after the Zackery Lystedt Law in Washington State. In 2006, Lystedt suffered a debilitating brain injury at the age of thirteen as a result of being allowed to return to the field too quickly after suffering a sports-related concussion.

The Washington law requires that athletes, parents and coaches receive education about the dangers of concussions, that children be removed from the game if they are suspected of having a concussion, and that children must be cleared by a medical doctor before returning to the sport. Oregon, California and Pennsylvania have adopted similar laws.

While no such law has been introduced in the Florida legislature, Crist’s planned comments at the Super Bowl would indicate that one may be soon. Currently the Florida High School Athletic Association advises trainers to follow the guidelines set forth in the sports medicine handbook of the National Federation of State High School Associations. Find out more about the proposed nationwide effort to protect youth athletes from brain injuries at Congressional forum to tackle concussion issue in NCAA, high schools.

Parents in Jacksonville, Florida recently withdrew their Autistic son from school due to an incident that recently took place in the school hallway. Lawrence Feagin actually witnessed his son being dragged by the school principal down the hallway. Mr. Feagin and the boy's mother, Jane Jackson, state that their son is Autistic. Ms. Jackson added that her son does not have the ability to verbalize and that he is not aggressive.

Autistic and other special needs students need to be supervised and cared for in the school system with an understanding and recognition of their abilities, disabilities, and individual characteristics. You can read more about this story at the Florida Times Union Website.

If your child has been injured or harmed in a public or private school, contact a Florida Child Injury lawyer for advice regarding the rights of your child.