Florida Child Injury Lawyer Blog

In Florida and other States, children are the unfortunate victims of accidental shootings.
In Jacksonville, Florida, an accidental shooting of a three year old led to criminal charges in Jacksonville Florida. The three year old was the unfortunate victim of an accidental shooting at home. According to a report by by the Jacksonville Times Union newspaper, the three year old was shot by herself in a home. The gun reportedly was left under a mattress in the home and got into the child's hands. Criminal charges stem in part from the fact that the gun was not secured and there was a lack of supervision involving the child. See Two Adults Charged in Accidental Shooting of Florida Child.

When children are present in a home, it is vital that all weapons are secured and kept out of the reach of the child. Otherwise, accidental shootings can result which in turn lead to serious personal injuries and even the wrongful death of a child. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know has chapters on Damages/Compensation, Homeowners Insurance, Medical Bills and Medical Treatment, and other topics. Get this book for free at The ABCs of Child Injury. When a child is a victim of an accident shooting, there may be a legal claim pursued on behalf of the child against the owner of the gun, the owner of the home, and/or the owner of the business where the accidental shooting took place. Safety is a priority anytime weapons are present in the home or business including schools, day care centers, shopping centers, and other locations were a child may visit. If your child has been the victim of an accident on a shooting, contact a Florida Child Injury Lawyer for advice, consultation, and possible representation for a claim related to the damages resulting from the accidental shooting.

A Tampa Bay boy (Diego Duran) suffered a serious injury when he became of the victim of an accidental shooting in Ruskin, Florida. While it does not appear that the incident was intentional or expected, the celebratory firing of a gun appears to be the cause of a bullet hitting Diego in the head and putting him into a coma. The boy was only 12 years old at the time of the accidental shooting. The Hillsborough County Sheriff's Office reported that the boy's family was outside of their home bringing in the New Year and watching fireworks when the incident took place. When Diego's mother saw him fall and was bleeding, she took quick action and had him transported to the hospital. It was reported that no one nearby had been firing off a gun. It is possible that the gun had been fired from miles away.

Similar incidents have been reported through the years. Tragically, lives are lost and serious personal injuries are suffered when a gun is randomly fired in the air. Gun safety should be practiced at all times even in areas where it does not appear anybody is near by. A fired bullet can travel a great distance and can and does take the lives of incident victims. See Boy Shot in Head in Celebratory Shooting - New Year - Florida.

In Florida, children are, at times, victims of accidental shootings. Some of these unfortunate incidents result in the untimely death of the child. The Tampa Tribune and the Orlando Sentinel reported that Kaylen Torres - age 2 - was shot in the accident from a bullet from a gun that accidentally discharged in her home. The gun was mistakenly fired by a relative in another room. The bullet went through the wall and struck Kaylen in the had. She was transported to Arnold Palmer Hospital for Children in Orlando Florida where she died with her parents at her side.

It is often times the worst time in the life of a parent to bury or say goodbye to a child. It is at these times that the parents need the support of their families, neighborhood, church, and community to help them through the grieving process. No legal action - whether civil or criminal - can bring the child back to life; nevertheless, legal cases often times result from accidental shootings that involve legal representation from a Florida criminal defense attorney, State Attorney, Public Defender, and, when appropriate, a Florida Personal Injury Attorney. See also The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know.

The accidental shooting death of a child is a life event that no parent can or should ever be prepared for. Many of these incidents, while unforeseeable, are most preventable with the practice and exercise of gun safety and proper storage of guns in the home. Florida and the United States allows individuals and homeowners to own guns. With these legal rights come the responsibility to act sensibly and in the best interest of all those who may be near a gun including children.

When a child dies as a result of a Florida accidental shooting, there are often times criminal cases and civil cases pursued. Following the shooting, police will perform a homicide investigation. The report will details the course of events leading up to the shooting and will often times contain information concerning the details of the gun, the storage of the gun, use of the gun, ownership of the gun, and what safety measures (if any) were taken to prevent the accidental shooting from taking place.

A family, neighborhood, and community are mourning the death of 16 year old - Alonzo Dewayne Knight. The shooting took place outside of Alonzo's home when he went outside to quiet some people who were arguing in the street. Thereafter, Alonzo was shot. The Pensacola News Journal reported that an arrest was made following the shooting. See Shooting Death of 16 Year Old Reported in Escambia County, Florida.

It is unfortunate that this young man lost his life at such a young age as a result of senseless violence. The unexpected and untimely death of a child is traumatic event that can and does affect a family for a lifetime.

The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Needs to Know - has chapters on Damages / Compensation, Medical Bills / Medical Treatment, Automobile Accidents, School Injuries, Injuries at the Home, Homeowner's Insurance, and other topics. A free book can be ordered at The ABCs of Child Injury.

In Tallahassee, Florida, lawmakers and some physicians have been debating the Florida law regarding the relationship between gun ownership and medical care. At the heart of this debate is House Bill 155, which would make it a criminal offense for a physician to inquire into the patient's ownership of a firearm. This is the first law of its kind in the nation and it has some physicians worried that the law will create a slippery slope and hinder the physicians ability to get a full and complete history from the patient without undue regulation by the State of Florida. In response, supporters of the law argue that this sort of information is constitutionally protected and that doctors have no right to inquire about it.

While most physicians might differ in their opinion on what questions are appropriate to ask a patient, many physicians are concerned about criminalizing questions that a physician may ask as part of the medical history of the patient and the current and future safety of others especially children. It is important in any fiduciary relationship, whether it be medicine or law, that the client or patient has trust in whoever is taking care of them and vice versa. By enacting laws like Florida House Bill 155, some physicians believe that this relationship will be seriously hindered. Most feel it should be left to the doctors to determine whether or not a particular question is appropriate. Some even claim that it is a violation of their 1st amendment rights to make certain lines of questioning illegal.

Along with House Bill 155, the Florida Congress passed two more laws granting more rights to gun owners across the state. To read more on this story, see Guns bills approved.

The North Port Florida Police have charged a southwest Florida man in the shooting of a six-year-old boy. According to the police, the six-year-old was shot by 23-year-old Chad Cousar. The boy was taken to a hospital in St. Petersburg for treatment of gun-related injuries; he was in stable condition. The police have charged Cousar with child neglect involving serious bodily injury and possession of a firearm by a convicted felon. Cousar’s records from the Florida Department of Corrections show that he has three previous drug convictions in Charlotte County. Cousar was being held in jail without bail.

The United States has the highest pediatric firearm-related mortality rate of any industrialized country. According to national surveys, approximately one third of American homes with children contain at least one firearm and nearly half of all firearms are not stored safely; the guns are loaded and not secured in a compartment such as a safe or lockbox. Unfortunately, high levels of parental safety in areas like child passenger safety do not translate into higher rates of gun safety. Studies show that parents do not view gun storage in the home the same way as other home childproofing safety issues. One possible explanation for this is parents’ misplaced confidence that, if given the opportunity, children would not handle or play with guns.

For more information on this topic, see Man charged with child's shooting.

According to National Statistics, 40 percent of American homes with children have some form of gun or firearm in their home. In addition, the research also indicates that in one in four or 25 percent of those homes the guns are loaded; due to the large number of unregistered firearms, this number is probably on the low side. Although it is a person’s right to own firearms for personal safety, many parents forget to take the necessary steps to ensure gun safety in their home.

For example, in Orange Park (Clay County), Florida, an 11-year-old boy was accidentally shot in the head while handling a rifle at home. The incident occurred at the 400 block of Kevin Drive. According to the Clay County Sheriff’s Office, Seth Laster and another young family member were handling the rifle in a bedroom when the gun accidently discharged and struck him in the head. A spokesman for the Sheriff’s Office, Mary Justino, said that the boy was treated for gun-related personal injuries at Shands Jacksonville Hospital. Justino suspected that the shooting was accidental.

The reality is that guns can seriously harm, if not kill a child. Therefore, parents need to make sure that they are taking every safety precaution to protect their children from the same devices they use to protect themselves. Parents should store their guns safely and appropriately, and talk with their children about firearm safety. For more information on this topic, see 11-year-old Clay boy critically injured in apparent accidental shooting.

There is a constitutional right to gun ownership in this country. While it is a constitutional right, it is also a legal and moral responsibility to make sure that guns are properly secure and kept out of the reach of children. Gun safety at home is vital to the protection of the parents, children, and any visitors who come to the home. A gun is not a toy to be played with or waved around. Of course, children, especially toddlers, do not always appreciate or even understand the dangers of gun and merely see the gun as a play object or toy. In Miramar, Florida, it was reported that a shooting took place in the home. According to the news story reported by CNN News, Julia Bennett was shot once in the back and died as a result of this gun shot injuries. The victim's toddler son may have shot his mother accidentally according to the 911 call made by the boy's father. Miramar Police and possibly other law enforcement agencies will investigate this most unfortunate and tragic death. The investigation may include forensic evidence (gun shot residue) to determine if the toddler did fire the gun. Criminal charges have not been filed but law enforcement and the State Attorney may end up considering charges related to the access and use of the gun by the toddler. Gun owners and home owners should pay close attention to incidents like these and take due care to safeguard guns in the home. See Toddler Shoots Mom Dead, Boy's Father Tells Florida Police.

In the United States, there is a constitutional right to bear arms. In other words, there is a long history and legal basis for gun ownership in the United States and Florida. With these rights come responsibilities as well. A gun, in the hands of an inexperienced person or a child, can lead to deadly consequences. The Orlando Sentinel - Walter Pacheco, Writer - recently posted a story titled Guns in Young Hands: Consequences Can Be Deadly. The news story had some interesting analysis and information about recent shootings and deaths in the Central Florida area. One incident involved a Cocoa, Florida girl who was accidentally shot when a gun was discharged and sent a bullet through a bedroom wall of a mobile home and into the kitchen area where the 13 year old girl was standing. Gun owners should properly secure all guns away from the reach and use of a child unless the child is being well supervised and the gun is being utilized or handled in a very controlled environment. The Department of Justice reported that over 700 teens died from firearm shootings in 2008 and over 600 died in 2009.

A 5-year-old boy of Palatka, Florida, brought a loaded semiautomatic to his elementary school. The boy's actions prompted a police investigation as to where the gun came from. Local police were called to Moseley Elementary School after a school teacher saw the firearm fall from the young boy's pocket. The teacher confiscated the weapon and notified school administrators, who then contacted police. The firearm was identified as a .22-caliber Jimenez semiautomatic handgun, the firearm has live ammunition in the magazine but no round in the chamber. After being questioned, the boy informed police officers he found the gun in a vehicle belonging to his stepfather. Although this particular has yet to be confirmed by police, Assistant Palatka Police Chief James Griffith promised there will be criminal charges if any adult is found to be negligent in the case. In the meantime, the 5-year-old boy has been suspended indefinitely until further review by school authorities. This incident occurred not too long after the tragic accidental shooting of 6-year-old girl in Jacksonville, Florida. In that case, the young girl, Donesha Burney, found her father's .380-caliber handgun on a kitchen counter; Donesha's father left the gun on the counter after he cleaned the weapon. Donesha shot herself in the chest with the firearm. Her father, 32-year-old Donnell Bernard Burney could face up to 5 years in prison. To read more on that story please see Accidental Shooting Victim Recovering from Gunshot Wounds to Chest.

Florida has its own statute covering firearms and possession by minors. To read a summary of this statute please see Florida Law Regarding Minors (Under the Age of 18) and Firearms.

Luckily, neither this child or his peers were injured. Parents, guardians and other adults have a responsibility to keep firearms and other dangerous weapons out of a minor's reach, especially minors who are young children. Negligent adults could face criminal and civil charges if they fail to do so. To read more on this story please see >5-year-old suspended after bringing semiautomatic gun to elementary school.

A 6-year-old girl who accidentally shot herself in the chest is expected to recover from the accidental gunshot injuries. According to police, the girl's father Donnell Burney, addmitted he left a gun unattended in the house. The child saw the unattended gun, was obviously curious and started playing the firearm. The girl's family transported her to Shands Jacksonville Medical Center where she was reported to be in critical condition. Although Burney has not been charged, police did say he could be charged with culpable negligence. To read more on this story please see 6-year-old expected to recover after she was accidentally shot in chest.

Children do not understand the dangerousness of a firearm. In fact, guns are seen as toys or play thing in the hands of a child opposed to a deadly weapon. Regardless of what the child does with a gun, tragic accidents can occur if a child handles a firearm without adequate adult supervision. Although Floridians do have a right to own firearms and store them within the home, Florida parents should lock their guns away eliminating a child's access. Parents should disable the gun, store the weapon in a lockbox, and store the bullets separately from the gun.

Police have arrested a 17-year-old male of Ocala, Florida, for his alleged involvement in the fatal shooting of another male at a local bowling alley. Marqalle Jordan Woolbright was arrested and charged with homicide by detectives. An officer spotted a large crowd gathering outside of AMF Galaxy Bowling Lanes. The officer approached the crowd after he witnessed a fight and heard gunshots. After breaking through the crowd, it was reported that the officer discovered 19-year-old Antonio Gordon, Jr., lying on the pavement with a gunshot wound. The officer performed CPR until other rescue personnel arrived. Gordon was rushed to Munroe Regional Hospital where he was later pronounced dead. Eye witnesses told investigators that Woolbright was involved in a inside the bowling alley that was eventually taken outside. Woolbright was arrested charged with homicide and transported to the Department of Juvenile Justice after he was interviewed by investigators. AMF Galaxy Bowling Alley holds $0.99 bowling every Tuesday, which attracts a large crowd. If you would like to read more on this story please see Minor charged with homicide after fatal shooting outside Ocala, Florida, bowling alley.

The death of this young man is a tragedy for his family and community. It is likely that this 17-year-old may be tried as an adult. Therefore, he may face harsher criminal sanctions. Firearms are extremely dangerous weapons and should only be possessed by minors in minimal situations. In fact, if you would like to read more on Florida Law regarding minors and gun possession please read Frequently Asked Questions About Firearms, Safety, Possession, and Children - Information Every Parent and Gun Owner Should Know.

In Florida and the rest of the United States, there is a constitutional right to bear arms; however, the States have power to regulate and control the possession and ownership of guns when it comes to permits and safety around children. Some gun advocates may argue against these rules and regulations. If properly followed and enforced, Florida gun safety regulations can and do save lives. Unfortunately, guns frequently are accessible to young children with poor safety awareness. A gun is seen as more of a play thing than a weapon in the hands of a child. Whether the child pulls on the trigger or is just exploring or examining the gun, accidents do happen when children handle guns with no adult supervision. It is important for parents and gun owners to know the Florida laws regarding gun ownership, possession, and storage. The Sheriff of Fort Myers has a good reference for parents and gun owners to review. See Frequently Asked Questions About Gun Ownership and Possession.

Accidental shootings take place when there is carelessness and a lack of safety precautions in place. Children, teens, young adults, and adults alike can act in a careless manner. The recent death of Ashley Cowie illustrates the dangers of guns in the hands of young adults who do not follow safety precautions. Ashley died when a Florida State University Student was showing his gun to friends at a fraternity house. See
Ashley Cowie Dies from Accidental Shooting in Tallahassee - Dangers of Firearms and Importance of Safety Precautions.

Bringing a gun out at a college party where there is frequently the consumption of alcohol is just a bad and dangerous act. Furthermore, guns are not toys or show pieces to be displayed or exhibited at a whim. Guns should be safety locked up and only taken out for cleaning and / or use under a controlled and safe environment.

When there is an accidental shooting, a claim may be pursued under a homeowner's policy of the gun owner or the gun owner's family home. In addition, claims can be pursued against general liability policies of businesses and / or organizations. Some insurance policies may have a gun liability exclusion. Because of the intricacies of civil cases, insurance claims, and insurance policies, it is helpful to have a Florida Child Injury Lawyer review the facts and documents to determine the appropriate course of action when a person is injured or dies as a result of the negligence gun shooting incident.

A Tampa teenager was shot in the head during a late-night party at a Tampa apartment complex, the Waterford Apartments on Waters Avenue. According to the Hillsborough Sheriff's Office, over 200 people were in attendance at the party that took place in the apartment complex's clubhouse. The teenage victim was identified as 19-year-old Eric Allen of Wesley Chapel, Florida. Allen was coherent, alert and able to speak to police after he was transported to the hospital. However, Allen was unable to tell deputies who shot him. According to detectives, someone started firing shots into the ceiling while inside the clubhouse. Most party attendees fled the scene after the shots were fired. If you would like to read more on this incident please see Tampa teen shot in head at apartment complex party.

Firearms are extremely dangerous weapons when fired by a person with poor judgment, poor safety awareness, or with the intent to harm others. Firearms should only be used under proper supervision and in places designated safe for shooting (e.g., a shooting range). The person responsible for firing the weapon in this apartment complex should be charged both criminally and civilly. Civil damages should include payment for the victim's hospital expenses and personal injuries.

The Florida Times Union has reported that Ashley Cowie, age 20, died recently from an accidental shooting at an off campus fraternity house in Tallahassee, Florida. It was reported that Evan Wilhelm, age 20 from Ponte Vedra, Floprida was showing his friends at the Lambda Chi Alpha fraternity house his rifle when it then accidentally discharged and hit Ashley Cowie and Keith Savino. Ashley Cowie was hit in the chest and died at the scene of this most tragic incident.

While we as American citizens have a right to bear arms or own firearms, we also have a responsibility to act with caution and safety. "With great power comes great responsibility." Fraternity parties, where there is typically drinking and horseplay, is no place for a firearm and really an inappropriate time to pull out a weapon to show friends. While there does not appear to be any malicious intent by Evan Wilhelm by any means, a better course of action would have been to have kept the firearm locked away and only brought out for safe cleaning and maintenance or for transport / use at a shooting range. Otherwise, keep the gun safeguarded at all time.

The death of Ashley Cowie is a great loss for the family, her friends, the Orange Park / Clay County community, and the FSU / Tallahassee community. A detailed investigation will be conducted to determine all the facts and circumstances of this tragedy. See FSU Student from Orange Park Killed in Fraternity Shooting.

In Palm Bay, Florida, school officials found a hand gun in the back pack of a 5 year old. It was reported that the 5 year old brought the gun to school to show his friends. While the gun was unloaded and no one was harmed, bringing a gun to school can only cause problems. The boy stated that he had found the gun in his mother's car. The gun was found at Riviera Elementary School. Parents, teachers, and school administrators should emphasize safety in schools and collectively do their best to teach children about the dangers of guns. Many times, children (and even adults) think a gun is unloaded and on safety when actually it is loaded and not on safety. Regardless, there is no place in our school system for guns. The school and its administrators did a good job of identifying the potential danger and handling the situation at hand. You can read more about this story at Gun Found in Pre-Schooler's Backpack.

A 7-month-old baby was recently shot with an assault rifle while staying at a Super 8 Motel on Youngman Circle in Jacksonville, Florida. The gun accidentally went off around 3 a.m., grazing the infant's chest and striking him in the arm. The boy's parents, Justin Satterfield, 25, and Brandy Purvis, 24, were allegedly arguing over the AK-47 when it accidentally fired. Both parents have been taken into custody and charged with child abuse. Satterfield was also charged with possession of a firearm by a convicted felon. The baby boy was taken to Shands Jacksonville Medical Center with non-life-threatening injuries. He was listed in serious but stable condition. If you would like to read more on this story please read Baby shot by assault rifle in Jacksonville, Florida hotel.

Both parents of this child are very fortunate the infant was not fatally injured. Having guns around children can be risky and highly dangerous. Also, in some instances it is illegal in the state of Florida for certain people to possess firearms, including but not limited to convicted felons and people with protective orders filed against them. If you do own a firearm, it is important to restrict a child's access to the weapon, doing so is live saving.

Ensuring student safety at schools is a very important matter. Unfortunately, there have been many incidents of students bringing firearms to elementary schools, middle schools, high schools, and colleges. Recently, a student at a high school in Utah pulled a firearm on another student, point the gun at the other student's head and also aimed the weapon into a crowd of his peers.

Apparently the student got into an altercation before school with another student. After the fight, the student went back into the school and returned with the firearm. Luckily, a witness called the school's weapons hotline, which responded before any shots were fired. The student with gun is 16-years-old and is being charged with two counts of aggravated assault. Two other teens may face charges of firearm violations due to their involvement in the incident. Students charged with a crime will be entitled to representation by a Utah criminal defense attorney or the public defender's office. If you would like to read more on this story please see Student brings gun to school, threatens peers.

All of the students are very lucky as this incident could have been very deadly. Bringing a firearm to school is punishable at the school level and criminally. If you would like to read more on Florida law regarding firearms please see Florida Law Regarding Minors (Under the Age of 18) and Firearms.

Two children of the Tampa-Bay area have sustained personal injuries in separate accidental shootings. In one of the accidental shootings, a 22-year-old man faces charges of aggravated child abuse after shooting a 20-month-old toddler. According to detectives, the man pointed his shotgun at the girl and pulled the trigger, not realizing there was still a round left in the gun. The toddler was hospitalized with non-life-threatening injuries.

In Clearwater, Florida a 6-year-old boy accidentally shot his 8-year-old brother. According to detectives, the father was showing the brothers some of his guns when the younger child grabbed a gun and pulled the trigger. The 8-year-old was hospitalized with a leg injuries. No charged were filed. If you would like to read more on this story please see Two children sustain personal injuries after accidental shootings, one man faces charges of aggravated child abuse.

It is important for parents and guardians to teach their child gun safety, especially if these weapons are kept within the home. Guns are dangerous and obviously deadly. Educating your children on the dangers and risks involved with playing and/or handling guns is critical in order to keep your child out of harm's way. If you would like to read more information on gun safety for children and families please read Gun Ownership and Gun Safety - Rights and Responsibilities of Gun Ownership.

In Deerfield Beach, Florida, the Miami Herald reported that a 12 year old boy suffered critical personal injuries after being shot in the head. The Broward County Sheriff's Office is investigating this matter. The incident took place in a neighbor's house. Detectives are working to determine more details and circumstances regarding the shooting. Issue that may arise on a case of this nature include the following:

Who owned the gun?

Who fired the gun?

What adult supervision was in place at the time of the shooting?

Was the gun stored or usually stored in a secure area away from the reach and access of children?

Who were the witnesses to the shooting?

Was the shooting accidental?

Was there anything that could have been done to prevent the shooting?

Of course, the shooting incident itself is a tragedy regardless of the answers to the above questions. Incidents like this should prompt all gun owners to take immediate action to make sure that a gun is secure and away from the access or reach of a child. Yes, the right to gun ownership is an integral part of our country's history and constitution; however, with these rights come great responsibilities. You can read more about the above story at 12 Year Old Boy Suffers Injuries After Being Shot at Neighbor's House.