Florida Child Injury Lawyer Blog

In Florida and other States, accidental shootings involving children continue to be reporting. Children are curious and have poor safety awareness and judgment. As such, many such shootings occur when children are just goofing around or playing around with a gun. Because of this, it is important for adults to lock up or secure guns out of the reach of children. In Gainesville, Florida, a 12 year old boy was accidentally shot. He suffered child personal injuries as the bullet went through his hand and into his midsection (abdomen) and then exited his body. Incidents like these can easily be deadly. Gun safety is so important for adults and children alike. Take the time to speak to your children about the dangers of gun. You can read more about this story at 12 Year Old Boy Shot in Apparent Accidental Gun Shooting in Gainesville (Alachua County), Florida.

In Hollywood, Florida, a 13 year old has died and a family and community are mourning his death. Police are investigating the incident to determine the facts and circumstances surrounding this most unfortunate and tragic end to a young boy's life. Going from riding bikes around the neighborhood to death the next is certainly a difficult situation for any family to deal with. This incident shows the importance of gun safety and the necessity of securing guns that guns do not get into the hands of children and teens. It is well known that children lack safety awareness and good judgment. Whether the shooting was accidental or more criminal in nature, consistent gun safety and security can help reduce incidents of this nature. If you have a gun, make sure that it is properly secured and out of the reach of children. It is also important for parents to have conversations about gun safety with children. There is nothing cool about a child waving around a gun or carrying around a gun without proper adult supervision and guidance. Guns are not toys and are dangerous when in the hands of children who lack good safety awareness and judgment. You can read more about this story at Hollywood, Florida - 13 Year Old Boy Killed in Shooting.

In Florida and other States, children are victims of accidental shootings. Young children are very curious and do not understand the real danger of guns. In Fort Myers, one such child (Ian Heath Allen) recently shot himself. Accidents do happen. Then again, accidents can be prevented with due diligence when it comes to gun safety, gun locks, and gun storage. The accidental shooting death of a child is a tragic loss for the family and community. Hopefully, others reading this story will have sympathy for the family. In addition, gun owners should take notice and exercise all reasonable and necessary measures to protect young children who lack safety awareness and good judgment. You can read more about this story at 2 Year Old Accidentally Shoots Himself in Fort Myers, Florida.

Daniel Crichton is a 2 year old child who is in critical condition following a robbery and carjacking in Jacksonville, Florida. Tragically, Daniel was shot by police in a hail of bullets aimed at the carjacked vehicle that Daniel, his mother, another child, and the suspect were occupying. It was reported that 42 rounds were shot in the incident. Now, the Jacksonville Sheriff's Office is investigating the incident. The shooting took place on Baymeadows Road. The boys' family is questioning how the incident took place and if the tragedy could have been avoided. There are a number of questions that come to mind in incidents like this:

What policies and procedures were required for deputy sheriffs responding to the scene?

What efforts were made to resolve or deal with the situation prior to the use of force (i.e. the firing of bullets)?

What contact was made (if any) with the suspect?

What was the suspect's criminal and psychological history?

What officers responded to the scene?

What was the strategy of the Jacksonville Sheriff's Office in dealing with the situation?

What agencies other than the Jacksonville Sheriff's Office were involved with the incident?

No matter the conclusion of the investigation or any legal matter connected with the incident - it is tragic that an innocent toddler was so seriously injured. You can read more about this story at Toddler Suffers Serious Personal Injuries Following Robbery / Car Jacking.

Sixteen year old high school student Tiphne Hollis was a sophomore at Ed White High School in Jacksonville Florida. She died after being shot while travelling through the area of Stockton Street north of Interstate 10 in a car full of other young girls.

Tiphne’s cousin reported that she and some other young ladies had been shopping together earlier in the day, and decided to go see a friend in what is considered a rough area of Jacksonville. The girls were driving down the street in an old police car with tinted windows when they heard a shot, followed by several more. Tiphne collapsed into her sister’s lap, and was pronounced dead at Shands Jacksonville Medical Center sometime later.

Tiphne’s family is shocked by her sudden death, saying that she was a peaceful and loving young woman who held a part-time job at a local daycare and had aspirations to attend college and become a real estate agent. Tiphne’s mother, Shanda, said the incident is like a nightmare from which she cannot wake up. Tiphne’s grandmother, Wynoma, is “stunned” by the violence in certain neighborhoods of Jacksonville. Tiphne’s mother agreed, saying she hoped her daughter’s death could serve as a wake-up call for residents to come together and stop crime.

Read more about the tragic death of Tiphne Hollis at Jacksonville high school student dies after being shot.

After an hour of deliberation, the jury in the DreShawna Davis murder trial returned an 8-4 verdict in favor of the death penalty for Rasheem DuBose, who had been found guilty of the girl’s murder. A separate jury recommended life sentences for his two younger brothers, who were involved in the fatal shooting. The judge in their case agreed with the jury’s recommendations. While Florida judges tend to follow jury recommendations, Dubose’s lawyer plans to argue for a lesser sentence of life in prison for his client.

According to court records, Dubose and his two brothers, Tajuane and Terrell, fired twenty nine shots into DreShawna Davis’ house in retaliation for her uncle trying to rob DuBose and force his pants down in public. Rasheem was found to have fired twenty three of the shots, including the one that killed DreShawna as she shielded her two younger cousins from the gunfire with her body.

The murder was just one in a series that have earned Jacksonville the dubious distinction of having the highest murder rate of any city in the state. Prosecutors hope the verdict sends a message to other would-be murderers that they will be prosecuted to the fullest extent of the law.

Read more about the trial at Jury decides Rasheem Dubose should die for killing DreShawna Davis.

If your child has been injured in an accident that was someone else’s fault, please contact our Jacksonville, Florida law firm to determine the child's rights in Florida pertaining to the injuries.

I recently wrote a blog article about a Jacksonville, Florida two year old girl who was wounded during a drive-by shooting while playing outside at a children’s birthday party. Police have revealed that the child’s mother has admitted that there was no drive-by shooting. She has now been charged with giving a false police report.

It turns out that it was another child at the party who accidentally shot Jontasia Marielle Miller, according to Tom Hackney of the Jacksonville Sherriff’s office. Jontasia’s mother, Whitney Shamone Toliver, told police she made up a story that a drive-by shooting took place, which she earlier claimed involved a white sedan. Police have called off the search for the car.

The other children present at the party were all under six years old. The shooter has not been identified, and no further details have been released by police, except the fact that the gun accidentally fired by the other child at the party has not been recovered. Jontasia suffered wounds to her hand and buttocks from the shooting and was treated at Shands Jacksonville Medical Center.

Once the gun is recovered, the gun’s owner may be help responsible for not keeping it out of reach of children. Read more about this accidental shooting of a child by another child and the attempted cover up at LAW & DISORDER: Mom admits drive-by shooting story was false.

If your child has been injured due to someone else’s negligence, it makes sense to contact a Florida child injury lawyer to determine the rights of the injured child.

At a home in Northeast Jacksonville, several children gathered recently for a child’s birthday party. The children were playing outside the home when witnesses say they heard a single gunshot. An unidentified two year old girl was hit by the gunfire.

A resident of the home, Charlene Johnson, reported that there were several children playing outside at the time, and wasn’t sure if anyone had been injured at first. When it was discovered that the two year old girl had been hit, her parents rushed her to Shands Jacksonville Medical Center.

According to Sergeant John Gay of the Jacksonville Sheriff’s Office, aggravated battery unit, it is not clear if the girl was hit more than once, but she is expected to recover. Neither the motive for the shooting nor the intended target is known at this point. Police are still investigating the incident.

It is scary to think that someone would fire off shots in the direction of a group of young defenseless children right here in our own city. It is fortunate that the girl will be all right, but she will certainly carry emotional and physical scars from this tragic event throughout her life.

You can read more of the details of this story at Drive-by shooting wounds 2-year-old girl in Jacksonville.

If your child has been injured, please contact our firm for child injury legal counsel.

Last Fourth of July, Edward Weise Jr. helped his eight year old son, Edward Weise III, hollow out a pineapple grenade from World War II and fill it with firecracker powder. For some reason, they were unable to get the grenade to ignite and a family member put it on a shelf in the living room and forgot about it.

But Edward, now nine years old, did not forget about the grenade, and attempted to light it on his own recently. The child’s mother, Anne-Marie Weise, reported that she saw her son playing with a lighter in the kitchen just moments before the explosion. She told him to put it away. Apparently he did not listen to her, and continued to try to light the grenade. The resulting explosion critically injured the boy, who was flown to Tampa General for surgery.

A concerned neighbor called the Department of Children and Families’ abuse hotline to report the incident. The DCF is now looking into the matter. Deputies who searched the family’s home found marijuana in the bedroom Ms. Weise shares with her boyfriend, Larry Busby. According to the Polk County Florida Sheriff’s office there are charges pending but no one has been arrested. You can find out more details of this February fireworks accident at Injured Boy's Father Helped Him Fill Grenade With Firecracker Powder.

Whenever there is a Department of Children and Families investigation or criminal investigation, the family or parents under investigation have the right to defend themselves and hire an attorney. While the news reported the involvement of DCF, the results or disposition of the investigation are pending.

Deputies from the Volusia County, Florida Sheriff’s Office were conducting a felony traffic stop when the possibly armed suspect began behaving irrationally. Jorge Garcia allegedly began yelling profanities at the deputies and then got in the back seat of his car and refused to get out. When deputies threatened to use a taser gun on him, the man allegedly got out of the car, grabbed a one year old baby from the backseat and held it in front of him, shouting “tase the baby” at the officers.

The deputies were able to remove the baby from Garcia’s arms without any harm to the child. A woman, Tangeca Garcia, who was a passenger in the car reportedly then got out and attempted to block officers from using their taser guns on Garcia. The deputies were eventually able to tase Garcia so that they could place him under arrest.

Garcia has been charged with child abuse and resisting arrest. Ms. Garcia has also been arrested and charged with resisting arrest. Of course, Mr. Garcia and Ms. Garcia will be entitled to defend themselves through representation from a Florida criminal defense attorney or a public defender. There may be legal defenses to the situation that should be explored by the defense attorney.

Unfortunately, children are put in danger every day by parents and caregivers who engage in reckless and careless activities. Parents and caregivers should to their best to think through the consequences of their actions. Of course, many parents and caregivers have mental health issues that complicate the situation. In these instances, family members, extended family members and when necessary the Court and Florida Department of Children and Families should step in when necessary to protect the interests and welfare o the children.

Read more about the arrest of Jorge Garcia at Cops: 'Tase the baby,' man dared them.

Wood, Atter & Wolf is a full service law firm based in Jacksonville Florida and Ponte Vedra Beach, Florida. Attorneys at the firm handle criminal, family law, business, probate, guardianship, and child personal injury matters. The above reported incident will involve issues involving criminal and family law.

A Christmas gift allegedly turned ugly last week, when a young child was given a toy pellet gun. Unfortunately, the boy (with his new present) shot his cousin who is Autistic. Christopher Fred Cady, age 39, then took away the gun from the child who shot his autistic cousin. According to the news story reported in The Miami Herald, Cady then shot the boy to show the boy how it felt. While the boy was definitely wrong for shooting a helpless and defenseless autistic child, Mr. Cady was not justified in shooting the offending child in the chest to show the offending child how it felt.

According to the St. Lucie, Florida Sheriff’s Department, Cady has been charged with cruelty toward a child without great harm. Read more about this incident at Man accused of using pellet gun on boy as a lesson.

It is not clear what Cady’s relationship was to the children in question, or if either of the children were seriously hurt by the pellet gun shots. What is clear is that the child was either too young or too irresponsible to be given any type of gun for a Christmas present. Even “toy” pellet guns can cause serious harm and children should not be allowed to play with them without strict adult supervision.

Of course, Mr. Cady will be entitled to the services of a Public Defender or a private criminal defense lawyer as to these charges. Witness statements will be taken and reviewed. Mr. Cady will also have the opportunity to present a defense and / or explanations for the events or incidents reported.

If a child is injured as a result of the actions or inactions of another person or child, it is important for parents to know the legal rights of the injured child. A consultation with a child injury lawyer can answer many questions including what laws and statutes apply, the availability of liability insurance, and responsibility for payment of medical bills and other related damages.

In Florida and other States, people like to shoot off guns to bring in the New Year. Unfortunately, there are victims left in the path of these dangerous and grossly negligent celebrations. Of course, some shootings on New Year's Eve result from violent crimes as well. Whatever the specific circumstances, an innocent 6 year old child suffered personal injuries from a bullet on New Year's Eve. The incident took place in the Design District Area of Miami. The boy was taken to a local hospital by his parents for treatment of the gunshot wound to his stomach.

People should be more careful when handling guns especially when there are innocent children nearby. You can read more about this story at 6 Year Old Boy Shot in Miami on New Year's Eve.

In Florida and other States, homeowners have a right to bear arms. While there is a right to own gun, there are also responsibilities that go along with gun ownership. In particular, the gun should be stored in a safe and secure location away from the reach or access by young children. Furthermore, gun owners should take all necessary precautions to make sure that the gun is not fired in the home except for instances involving self defense. In South Florida (Cutler Ridge), a 14 year old girl was accidentally shot to death according to a story reported at the The Miami Herald Newspaper Website and the Florida Times Union Newspaper Website. The bullet hit the child in the head. The girl was transported by emergency helicopter to Miami Children's Hospital but rescue efforts were unsuccessful in saving her life.

Police detectives and crime scene specialists will investigate this incident to determine the following matters:

Was the gun registered?
What type of gun was involved in this incident?
Who was the registered owner of the gun?
Why was the gun being handled at the time of the shooting?
What safety devices were available on the gun?
Who last handled the gun prior to the shooting?
What was the child doing prior to the shooting?
Were there witnesses to the incident?

When a child visits a home, it is the responsibility of the homeowner to provide a safe and secure environment for the child. Tragically, incidents like these do happen and will continue to happen in the future. You can read more about this story at South Florida Teen Accidentally Shot in Head in South Florida (Cutler Ridge).

Adoption agencies placing children with Florida parents are reportedly required by the Florida Department of Children and Families to inquire if the potential parents keep guns or ammunition in their home. Recently, a Brevard County, Florida couple hired an attorney after they took exception to being asked that question. The lawyer called a lobbyist for the NRA, who decided to try to change Florida law to restrict adoption agencies from asking about gun ownership.

According to the NRA, gun registration is illegal in Florida, and any documentation about gun ownership by a government agency is basically the same thing as establishing a gun registry. Further, gun rights advocates say that requiring parents to disclose gun ownership is a violation of their privacy rights. Senator Thad Altman, R-Melbourne, is sponsoring a bill to make “unlawful” for an adoption agency to ask about gun ownership. The bill is expected to pass.

Whether the bill passes or not, parental supervision along with the proper storage and locking of guns is a necessary step for gun owners to take to prevent gun related injuries and deaths involving children. The death or injury of a child from an accidental shooting is a great loss, and can be prevented with some basic safety precautions.

Read more about this bill at NRA: Ban adoption agencies from asking about gun ownership.

Victor Steen, 17, of Pensacola, Florida, died after being run over by a police car while being chased on his bicycle. The incident began when Officer Jerald Ard saw the boy around 2 am in a construction site. When Steen fled the scene on his bicycle, Ard pursued him in his police car. During the chase, Ard attempted to stun the teenager with a taser. Some time during the chase, Steen crashed his bicycle in the path of the police car and was run over.

Even though it does not appear that Steen was stunned by the taser, the incident has raised interest from a national civil rights group, which advocates a national stun gun policy. The group, Southern Christian Leadership Conference, said that it will release a report in December that shows that 400 people have died from stun gun incidents. In response to concerns, the Pensacola police department changed its policy from “reasonable use” of stun guns to prohibiting shooting a stun gun from or at a moving vehicle.

Th Florida Highway Patrol and the Florida Department of Law Enforcement are investigating Steen’s death. Officer Ard has been placed on administrative duty. It will ultimately be up to the Florida attorney general to decide if charges will be filed in this case.

Find out more about this teen’s tragic death at Deadly chase brings new look at stun gun use.

People visit gun ranges as a safe way to fire guns / weapons in a secure and controlled environment. Unfortunate, incidents take place at gun ranges that cause serious personal injuries and, in some instances, death. In Lakeland (Polk County), Florida, a man from Ireland (Gary Flynn) suffered serious personal injuries when he was accidentally shot by a gun owned by Michael and Sherri Thourot of Tampa, Florida. The rights of a victim for injuries and damages suffered by such incidents will depend on the facts and actions / inactions of those involved or responsible for the gun fire. Many questions / issues arise in cases of this nature. In particular, it would be important to know the following:

What was the make and model of the gun involved?

What training / experience did the gun owners have with such a gun?

Did the gun malfunction in any manner?

Was the gun range set up in a manner that would help prevent or reduce incidents of this nature?

What were the policies and procedures of the gun range?

Did the gun range have video cameras set up that recorded the incident as well as actions / inactions that took place prior to the incident?

What statements were made to the gun range personnel and the police about the incident?

You can read more about this incident at Gun Mishap in Lakeland (Polk County), Florida.

In Keystone Heights, Florida, a 2 year old toddler Conner Keene) was recently shot in the stomach while a a home in the area. The Clay County Sheriff's Office officials believe that the shooting was accidental. Detectives, however, do not believe that Connor fire the gun which was a .22 caliber handgun. Conner underwent surgery at Shands - University of Florida. The child is expected to recover from these injuries. Clay County Sheriff's Office detectives will further investigate this matter to determine if any criminal charges would be filed. Issues or questions that may be addressed through the investigation may include the following:

Who is the registered owner of the gun?

Were there any safety precautions in place to keep the gun away from children?

Who fired the gun?

What did witnesses report as to the incident?

Who owned the home where the incident took place?

Is there homeowner's insurance coverage in place to cover the medical bills?

What adults, if any, were supervising the child and other children at the time of the incident?

You can read more about this story at Keystone Heights Toddler Shot Accidentally - Investigation Will Be Conducted as to the Shooting.

In Florida and Other States, BB Guns are used as weapons every day by children as well as adults. BB guns can cause serious person injuries to children including but not limited to eye injuries, facial injuries, bruising, welts, and other injuries.
In Palmetto, Florida, three people were arrested after a 6 year old boy was shot by a BB gun while riding a bicycle. The 6 year old victim was shot in his torso area between his waist and his underarm. Paramedics responded to the scene. Since there was a concern that a BB pellet or bullet may have entered the little boy's chest cavity, he was flown on an emergency basis to Bayfront Medical Center. The three criminal suspects all had BB guns as they were shooting at glass bottles. After the incident, some fled the scene and even tried to hid their weapons. Eventually, investigators were able to piece together the relevant facts and execute some arrests.

Whether a BB gun pellet or bullet hits a child by an intentional or an accidental shooting, it is still a dangerous situation that can lead to sometimes life threatening injuries. Parents should closely supervise their children if they have BB guns. Personally, my children will not be getting a BB gun as a present from me during any part of their lifetime. You can read more about the shooting of the 6 year old at BB Shooting Leads to 3 Arrests in Palmetto, Florida.

All parents, teachers, and students should know by now that a school is no place for weapons including but not limited to knives and guns. Of course, a 9 mm semi-automatic handgun should not be brought to school. The presence of this gun around children can be a recipe for danger, personal injuries, and wrongful death. A 6th grader went to his middle school in west Orlando with a 9 mm handgun. Officers were called to the school and went to the classroom where the student was attending class. The officer safely separated the student from his backpack where they located the gun. The student acknowledged that there was a stolen gun in his back pack. The school along with police responded in a manner that was swift and controlled. Fortunately, nobody was hurt by the presence of this dangerous gun on school premises. I commend the police and school officials for taking care of this situation for the protection and safety of the students including the one that brought the gun to school. You can read more about this story at West Orlando Middle School Student Arrested for Bringing Gun to School.

Mark Stockdale, age 43, resigned from his position with the Alachua County School District in Gainesville, Florida. Mr. Stockdale was on leave since February 2009 for bringing a loaded .22 caliber pistol / gun with him the classroom. The State Attorney reduced the charges from a third degree felony (possession of a firearm on school property) to a misdemeanor (carrying a concealed weapon).

There is a debate between gun rights supporters and child safety / educators as to the propriety and legality of teachers bringing guns to school. Some say that incidents like Columbine and Virginia Tech would not have occurred had teachers and students for that matter been armed themselves to take down the crazed and murderous gunmen. Others believe that guns should have no place on school grounds at all with the exception of allowing trained police officers have guns on school grounds.

You can read more about this story at Gainesville, Florida Teacher Who Brought Gun to School Resigns.