Florida Child Injury Lawyer Blog

In Florida, special needs children are admitted and enrolled in public schools and private schools. When a school accepts a special needs child for enrollement, the school staff and administration should be well aware of the requirements and abilities of the special needs student well advance of the child's admission into the school. Because of this, staffing and other accommodations should be arranged and coordinated in advance and put in place for the education and supervision of the special needs child. The safety of the special needs child should be given top priority. Teachers, aides, and school administrators should put in place safety precautions so that injuries are prevented or at least limited in the school setting for the special needs child.

Unfortunately, many special needs children are injured in the school setting due to improper supervision, unfafe classrooms, unsafe playground equipment, and, in some instances, due to bullying acts of other students and / or even staff members. An understanding of the special needs child education plan is vital for all staff members involved with the supervision of the child. This includes teachers, aides, administrators, cafeteria support staff, bus drivers, and other staff members.

When a special needs child is injured in the school setting, a parent is often faced with many challenges and concerns. 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 Center Injuries, Playground Injuries, and other topics. A parent of a special needs child can obtain this book for free at the The ABCs of Child Injury. When a child is injured in a school setting due to the negligence of the school, the parent should contact a Florida child injury attorney for legal advice and representation.

A Florida child personal injury lawyer can assist the parent with the issues of liability, medical bills, pain, suffering, lots of enjoyment of life, and other issues that arise with respect to these legal matters. It is important that the special needs child is represented by a child injury lawyer so that compensation is obtained for these damages and actions are taken in the future so that the special needs child is better supervised and protected in the school setting.

In Florida, special needs children at times suffer injuries on playgrounds located at schools, day care centers, parks, and other locations. When a special needs child suffers a personal injury in a playground, a parent is often faced with many challenges in concerns. A number of questions and issues are raised when a special needs child is injured while under the care and supervision of others.

*How was the special needs child injured?

*Could the injuries that were sustained on the playground have been avoided?

*What supervision was provided to the special needs child?

A person or facility undertaking the responsibility to supervise and provide care for a special needs child should have an understanding of the child needs and abilities. This is especially important when the special needs child is on or near a playground. Some of the equipment on the playground may be perfectly suitable for the special needs child. Depending on the child, some forms of playground equipment may be beyond the child's abilities if proper assistance or supervision is not provided. For instance, monkey bars maybe extremely difficult for a particular special-needs child to transverse. If the special needs child is using the monkey bars, it may be appropriate for that particular child to have one-to-one assistance. When a special needs child is injured on the playground, there may be a claim or legal case to pursue on the special-needs child behalf. Each case must be evaluated on its own its own merits. Just because a special needs child is injured on a playground does not mean that there is a case or claim to pursue. Whether not there is a viable legal claim to pursue should not be decided alone by the parent. A Florida child personal injury lawyer should be contacted to review the facts and circumstances of the injuries and the relevant Florida laws in place.

The book titled - <strong>The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Playground Injuries, Day Care Center Injuries, School Injuries, and other topcis. You can get this book for free at The ABCs of Child Injury. Another book will soon be available as well for parents looking for information regarding injuries to special needs children. This book is titled Florida day Care Center Injuries - Building Blocks of Knowledge for Parents. This book will be available in February 2012 to special needs parents and other parents of injured children looking for answers and information.

If there is a question about a child injury whether it involves a special needs child or another child, contact the child injury lawyers at Wood, Atter & Wolf, P.A. for advice, consultation, and legal representation. The personal injury attorneys at Wood, Atter & Wolf, P.A. have been representing special needs children and their families since 1957.

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 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.

Following the recent death of Robert Champion and the recent reports of other hazing incidents, FAMU had plans to review the anti-Hazing rules in place for the university. This review has been postponed at this time. FAMU and investigators have their hands full investigating the circumstances surroundind the death of Robert Champion. Furthermore, investigators and university officials are also busy fielding other complaints and reports of hazing involving the FAMU Marching 100. Following the death of Robert Champion, it was reported by the Associated Press thatt four students were dismissed from FAMU but details were not released as the reasons or circumstances involving the dismissal of these FAMU students. See FAMU Postpones Review of Anti-Hazing Rules.

Hazing unfortunately had a tradition at FAMU. It is also seen at other college bands, teams, fraternities, and clubs. Hazing typically involving physical and mental abuse of a recruit or applicant. Good judgment is lacking in many acts of hazing and the hazing results in serious personal injury, mental anguish, and, in some cases, death.

In Florida, suing a public entity like FAMU is not so simple. FAMU and other governmental entities are entitled to the protection of Florida Statutes applicable to Sovereign Immunity. Sovereign Immunity applies to government agencies including public schools and colleges. A public entity in the State of Florida can be sued and help accountable for acts of negligence and carelessness; however, any such claims and lawsuits are subject to certain notice requirements and limitations on damages as set forth in the Florida Statutes - namely Section 768.28, Florida Statutes.

The Florida A & M University may be facing a lawsuit in the future once the 6 month notice period runs. The family and its attorney alleges that the death of a band member (Robert Champion) was caused by the negligence of the school and its officials for allowing an environment of hazing to take place. An autopsy has been performed but, according to news reports to date, the autopsy results have been inconclusive. Time will tell how this legal case will be concluded. Will there be a settlement for the wrongful death of Robert Champion? Will there be a trial? What proof will be required on a case of this nature? What evidence will be obtained? Who will testify? What did the officials and band employees know about acts of Hazing? What was the exact timeline of Robert Champion's illness and ultimate death? Was the death preventable? These are all important issues and questions for a case of this nature. See FAMU Culture of Hazing - FAMU Will Be Sued for Hazing.

In Florida and other States, hazing related acts can be considered crimes punishable by fines and imprisonment. Hazing can lead to serious personal injuries and, in some instances, death. Unfortunately, for some teams and band programs at high schools and colleges, hazing is seen as a tradition or a rite of passage. There is certainly no justification or excuse whatsoever for hazing acts even if there is a tradition or history behind the acts. Florida A & M University is a college located in Tallahassee (Leon County) Florida. The Florida A & M Rattlers are well know for the Marching 100 Band Program. It is a great acomplishment to be selected to this band program and to be part of the magic of the band's performances. Recently, Robert Champion, age 26, became ill and died. Robert was a band major with the Florida A & M Band Program. The death of this band member may have been related to hazing related activities. See FAMU Band Leader Drummed Out in Wake of Hazing Related Incident.

The administrators and band directors and assistants at FAMU had a duty to supervise the program in a way that provided a safe environment for the band members. Hazing activities are often well known to current and past band members and their parents. It is also well known in many instances to the very officials and administrators running the program. Hazing is hazing. Some people may be inclined to refer to hazing as horse-play, fooling around, kids being kids, etc Again, it should be pointed out that hazing is hazing. Plain and Simple! This is especially true when children and college students are put at risks of humiliation, mental suffering, physical personal injuries, and, sadly, in some instances death.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know has chapters on School Injuries, Damages / Compensations, Medical Bills / Medical Treatment, and other issues. A parent or other interested person can receive this Free Book at Free Personal Injury Resource Book for Parents.

The Jacksonville Jewish Community Alliance otherwise known as the JCA is a non-proft organization that provides pre-school and kindergarten education, after school care, sport leagues, summer camp activities, and many other programs for children. One of the core goals of the JCA is to provide a safe and clean learning environment for the children. The JCA Gan Yeladim Pre-School / Kindergarten provides the students with a solid academic and social education. My son graduated from the Kindergarten program at the JCA and then went on to public elementary school. While enrolled in this Gold Seal pre-school / kindergarten program, my son learned to read, learned to write, acquired leadership skills, and showed his creativity through art and other activities. The JCA helped my son foster friendships and taught my son how to get along with others. Since graducating from the JCA, my son has done well academically in all of his studies. He also has developed into a good person with admirable qualities. Recently, my son was playing soccer with a group of kids at a local soccer park. He noticed that some of the bigger kids were teasing and picking on one of the younger and much smaller boys. My son stepped up and defended the little boy by including him in the game. Once in the game, my son made sure the little boy was treated fairly and that the little boy was safe in the game. Yes, it is important to excel in academics, but it is also important to excel in the area of humanity. I strongly believe that the JCA played a vital role in the proper upbrining of my son. The JCA has touched the lives of many people beyond their members and graduates of the pre-school / kindergarten. For more information, see Jacksonville Jewish Community Alliance. The motto of the JCA certainly rings true - Where You Belong.

In Florida and in other states, there is a problem with bullying in day care centers, schools, playgrounds and other locations. Unfortunately, the extent of bullyinng has even reached the youngest of children in a social or school setting.
Because bullying can be present even with the youngest of children, age, it is helpful to teach children right from wrong, good from bad, and acceptable behavior versus unacceptable behavior. Sesame Street is a long time running children show that first aired on PBS in the 1960s. The CNN Website recently posted a story about a Sesame Street video on the subject of bullying. This educational video teaches children that bullying is wrong and how to handle or respond to the taunts, teases, and bad acts of a bully.

Unfortunately, children suffer personal injuries, both emotionally and physically as a result of bullying in day care centers, preschools, elementary schools, middle schools, and high schools. Many bullying incidents could've been prevented with more hands-on supervision and intervention by parents teachers, coaches and other school officials. Do your part by teaching your children about the dangers and problems with bullying. Don't tolerate bullying.

In Jacksonville, Duvall County, Florida and other locations throughout the United States, there is a problem with motorist ignoring stops school buses. In Florida, it is the law that a driver must stop when a school bus is stopped with flashing red lights activated and stop signs extended. Unfortunately, Florida drivers tend to ignore these flashing red lights and stop signs and drive right pass stopped school buses. The Florida times Union website recently reported a news story on this problem. It is estimated that almost 2,000,000 incidents (that's right Two Million incidents) take place every year involving a driver who ignores stopped school bus and drives past the school bus. In Florida, a driver can be find up to $500 for this driving violation or this traffic citation. It is important for the safety of children that all drivers be on the lookout for school buses whether stopped or not. Unfortunately, many such incidents have resulted in serious personal injuries to children. Many of these Florida pedestrian accidents / automobile accidents would have been avoided if the driver has stopped and obeyed Florida traffic rules and regulations pertaining to school buses. For more information on this topic see Drivers Frequently Ignore Stop School Buses in Jacksonville Florida in other cities.

A Winter Park high school student was arrested following a fight at Lake Howell High School. A 17 year old male student was arrested and charged with aggravated battery. According to witnesses, a male and female student were arguing. The argument escalated in to a physical fight. The Sheriff's department reported that the male student pushed the female student to the ground causing her head to hit the concrete pavement. The female student was transported to the hospital by ambulance and treated for a head laceration.

Any type of school violence is unacceptable. Most schools have a zero tolerance policy when it comes to fighting and bullying. Schools should be addressing violence through educational programing and curriculum development. Schools should provided students with not only academic support, but also emotional support. School guidance counselors can be helpful to students who are dealing with bullying or other violent situations. If your child is being threatened or feels unsafe at school, you should contact the school administration for some help and advice. When parents and school faculty work together, the community as a whole benefits. For more information on Fight at Lake Howell High School Leads to Personal Injuries and an Arrest.

In Jacksonville, Florida, a high school athlete lost his life while playing baseball. The incident took place at a baseball practice for the Ribault High School baseball team. Gregory Green, age 17, was hit in the head by a baseball during batting practice for the high school baseball team. It was reported by the Jacksonville Times Union website / newspaper that Gregory was standing behind a screen during practice. The news report did not mention whether or not Gregory was wearing a helmet while pitching practice that day. Gregory tried to avoid getting hit by the ball but it was difficult in that the ball hit the screen's metal frame and then struck Gregory in the head. It was a most unfortunate and tragic head injury that took place during baseball practice.

Gregory Green was a role model for his peers, school, family, and community. In addition to playing baseball, he was a member of the Marine Corps ROTC Ribault High School program. He also had a 4.0 GPA (Grade Point Average). Gregory certainly had a bright future ahead of him. You can read more about this story at High School Baseball Player Struck in Head by Baseball During Practice - Ribault High School.

Continue reading "Baseball Sports Injury in Jacksonville Florida Causes Death of Ribault High School Athlete (Gregory Green)" »

In Florida and other States, it is vital that all drivers exercise due caution and safe driving when driving near a Florida school bus. It is well known that Florida school buses make frequent stops. Furthermore, where there are school buses - there are usually children. Slow down and pay attention to the location of a Florida school bus. The few extra seconds that a driver takes to slow down or stop can make the difference between the life and death of a child. Tragically, in Kissimmee, Florida, a 13 year old was hit by a vehicle in the location near Wellington Woods Circle and Carroll Street. See Child Struck by Vehicle in Kissimmee Florida. It was reported in the Orlando Sentinel that the driver of the vehicle failed to stop for the school bus.

For the safety of school children, it is vital that all drivers obey the various Florida Traffic Rules and Regulations pertaining to driving near school buses. Furthermore, drivers should use their common sense of safety and just slow down. This applies to all areas where children walk, ride their bicycles, and play. You can about the various laws pertaining to school buses and other rules of the road at Florida Traffic Laws and Regulations.

A 16 year old Flagler County student was arrested and charged with battery after he fought with a student inside Matanzas High School. This is a felony charge. The 16 year old is also accused of assaulting a school resource officer who was trying to break up the in school fight.

As a result of this school altercation, the Flagler County Sheriff's Office and the Flagler County School officials are considering allowing school resource officers to carry Tasers. Flagler County Resource Officers do carry guns and pepper spray.

The use of tasers in schools has been a topic for debate for several years. Many professionals believe that there are still too many questions about the effects of taser use on children. Law enforcement officers do not believe that there is any extra risk in using tasers on children. School resource officers believe that tasers can be useful in helping to restrain an unruly student. Officials claim there have been very few incidents where a taser has been used as a result of officer poor judgment. With proper training police and law enforcement agencies believe the use of tasers in schools is a safe and effective method for subduing unruly and out of control students. For more information see, Flagler County Officials Consider Use of Tasers by School Deputies in Schools.

Boca Raton, Florida police officers lift car and save a child trapped underneath the car. Quick thinking and some old fashioned man power saved this child and the family of the child is certainly very thankful for the action. The life saving actions were captured on the dash camera of one of the police vehicles. You can view the video at Boca Police Lift Car to Save a Child.

The incident took place at Verde Elementary School in Boca Raton, Florida. School zones can be dangerous areas for children. Especially during morning drop off and afternoon pick up, there are hundreds of children in any given school walking or riding their bicycles. Drivers should do their best to drive slowly and carefully in or near any school zone. It is well known that children lack good judgment and often times walk too close to vehicles or other dangers. That is why it is so important for drivers to slow down and look out for children in and near school zones.

Many schools and communities are blessed with brave and quick thinking officers like the one who lifted the vehicle at Vedre Elementary School.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Automobile Accidents, Day Care Center Injuries, School Injuries, Damages / Compensation, and other topics. You can get a free copy of this book at Free Book Offer for Parents of Injured Children.

Unfortunately, in Jacksonville (Duval County), Florida and other cities, teachers, tutors, babysitters, day care providers, and others entrusted with the supervision of a child abuse the very children under their care. The health, safety, and welfare of a child should be paramount to everything else. The Florida Times Union (www.jacksonville.com) reported that a former 5th grade teacher (Kristina Hartless) recently plead guilty to having sex or unlawful contact with a minor who she was tutoring in math and who she counseled at church. See Former Jacksonville Teacher Pleads Guilty in Sex Case with Student.

Ms. Hartless will spend 13 months in Florida State Prison and then be on probation for another five years. It is amazing that a teacher, who spent years training for the job and years on the job, would abuse her position of trust in such a disturbing and criminal manner.

With over 800,000 children under the age of six in the State of Florida needing child care, it is important that Florida's Day Care Centers abide by the Florida Statutes 402.305. One area of this statute that is of particular concern in provision dealing with child discipline.

Section 12 provides that age will play a part in determining what course of action is necessary when disciplining a child. Next, the statute lays out the minimum requirements that each Florida Day Care Center must abide by. First, Florida Day Care Centers are not allowed to discipline in any way that is humiliating or frightening. Second, the discipline cannot be associated with food, rest, or toileting. Finally, Florida Day Care Centers and its staff are prohibited from spanking or physically punishing children in any form. The statute also requires Florida Day Care Centers to inform the parents of the child of the daycare's disciplinary practices prior to the child's admission.

Hurricane Irene was not the only thing hitting Florida's east coast last week. On Thursday, August 25th, thirty-eight school children were attacked by a rabid swarm of honey bees at Our Saviour Catholic School in the northern part of Cocoa Beach, Florida. The odd thing about it is that no one knows what caused them to act in such a manner. "No one knew they were there, and the bees just started attacking them," Kristyn Ernest said. Ernest is a mother of two of the children that were stung during the incident.

When hearing about the attack, city and county rescuers rushed to the scene. The main cause of concern for these rescuers was the possibility of a child suffering an allergic reaction to the bee stings. Especially since most of the students had never been stung by a bee before. "Some of the students still had bees in their clothing when they came inside," said G.C. Wine, interim chief of the Cocoa Beach Fire Department. "They came out of the hive and attacked (the firefighters) . . . It's a very aggressive hive." Luckily, none of the thirty-eight student, who ranged from six to seven-years-old, were seriously hurt. Just down the road, Cape Canaveral Hospital had prepared for a "mass casualty incident" with about 50 victims, if hospitalization were necessary.

Officials are saying that the behavior of these bees is very unusual, matching that of the African honey Bee. Nevertheless, officials did hire an exterminator to get rid of the hive barring any delay due to bad weather.

For more on this story, see honey bees swarm, sting students in Cocoa Beach.

According to the National Safety Council, 22 million children across the country ride the school bus to and from school. Unfortunately many children are injured each year and some are sadly killed.

Anthony Paul Moore, ten-years-old was tragically hit by a pickup truck and killed while waiting for the school bus in Lake County. According to the Florida Highway Patrol, the incident occurred on Lake Minneola Shores Road near Oklahoma Street in Clermont. Moore was taken to Southlake Hospital where he was sadly pronounced dead. Mario Alberto Saucedo, 39, of Clermont was allegedly driving without a license and traveling over the speed limit. The FHP said Saucedo was taken to the Lake County Jail and faces other charges. The Minneola Elementary School bus had not arrived when the accident occurred.

The death of a child is a tragic loss to their family, friends and community. There are a few things that parents, children and motorists can do to help prevent school bus related accidents.

Safety Tips for Children
• Children should walk safely to the bus stop and stay five giant steps away from the road.
• When the school bus arrives, children should never move toward the bus until the doors open.
• While on the bus, students should stay in their seat until the bus stops and the driver opens the door.

Safety Tips for Drivers
• Drivers must obey reduced speed limits during school hours and remember that speeding fines are doubled in school zones.
• Vehicles must stop in all directions upon approaching any school bus, and may not pass the bus until the signal has been withdrawn on two-lane roads without an unpaved space of five feet or more physical barrier.
• Drivers should be aware that school buses stop at all railroad crossings

For more information on this topic, see boy killed while waiting for bus ID'd.

Around the Florida and the nation, police and parents are seeing a growing trend for teenage girls to settle disputes with their fists. According to statistics, one out of every four episodes of teen violence is perpetrated by teenage girls, up from just a generation ago when it was one and 10. The Justice Department said that it is not just boys anymore but violence among girls is increasing.

In Winter Haven, Florida, two teenagers were accused of beating a girl in a fight and posting the fight online. The alleged perpetrators were Walter Bouiye, 18, of 1695 Marshall Road and his 16-year old sister. Bouiye was booked Wednesday into Polk County Jail and charged with child abuse and contributing to the delinquency of a minor. His sister was charged with battery and taken to the juvenile detention center; the police withheld her name because she is a juvenile and charged with a misdemeanor-level crime. Of course, any person including a juvenile charged with a crime will be entitled to defend himself or herself against the charges through the legal representation of a Florida criminal defense lawyer or the services of the Public Defender's office.

The incident occurred on Monday about 4:30 p.m. on Marshall Road when the brother and sister approached the 14-year-old victim in the neighborhood. According to the police, Bouiye’s sister and the 14-year-old began to fight over a boy. Bouiye jumped in and punched the 14-year-old in the head, and then at one point kicked her on the right side of her face, police said. Someone broke up the fight and the crowd ran away as the police arrived. Officers were able to identify the brother and sister through witnesses at the scene, but the video of the fight online also helped.

Increasingly girl fights in Jacksonville and nationwide are being recorded and posted on the internet, which can make the problem even worse. Experts say this can also lead to cyber bullying. Jerry Newberry, executive director of the National Education Association Health Information Network, said, "The problem with anything on the Internet is that it's not a one-time incident. It doesn't happen in the hallway; it gets recorded over and over and over." Educators and police say that although images of teen fighting on the internet have become more common, effective solutions are hard to find. For more information on this topic, see teens arrested for beating Winter Haven girl in attack that was posted online.