June 17, 2008

10 Year Old Putnam Boy Accidentally Shot by 14 Year Old Friend

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A 10-year-old East Palatka boy was seriously injured hospitalized at Shands Gainesville Florida following a shooting involving a 14 year old family friend. THe home which is located on County Road 207 A in East Palatka is the site of the investigation of this tragedy. This Florida child's gun shot injury was caused the the mishandling of a 9 mm pistol.

In Florida child shooting incidents, there are usually a variety of Florida civil and criminal laws that may apply. As such, it is helpful to have a Florida criminal lawyer and / or a Florida child injury lawyer in place to discuss the respective rights and responsibilities.

In Florida, a person can be prosecuted for exposing another person to person injury by "storing or leaving a loaded firearm within the reach or easy access of a minor (child under the age of 16), if the minor obtains the firearm and uses it to inflict injury or death upon himself or any other person." See 784.05, Florida Statutes Regarding Liability for Injuries to a Child Resulting from a Gun Shooting. This section does not apply to the following situations:

1. The firearm was stored or left in a securely locked box or container or in a location which was reasonably believed to be secure or was locked with a trigger lock;

2. If the minor obtains the firearm as a result of an unlawful entry by any person;

3. Target or sport shooting accidents or hunting accidents; or

4. To members of the Armed Forces or police or other law enforcement with respect to firearm possession by a minor which occurs during or incidental to the performance of their duties.

Under this Florida statute, there is also a 7 day waiting period for the arrest of a family member who accidentally shoots a minor child.

There is a good web site that provides valuable resources and tips regarding Common Sense About Kids and Guns.

May 28, 2008

Who is considered a child under Florida's Wrongful Death Act?

When there is a wrongful death in Florida, a spouse and minor children can recover damages for mental pain and suffering and for lost parental companionship due to a parent's death. Under Florida's Wrongful Death Act, a minor child is defined as a child under 25 years of age. If there is no surviving spouse or the decedent was divorced at the time of death, then adult children can recover damages for mental pain and suffering and lost parental companionship. There is an exception for medical malpractice cases in Florida. A person must be survived by a spouse or minor children (under the age of 25) to recover damages for mental pain and suffering and for lost parental companionship.

Wrongful death cases can be quite complex and and it is important to obtain the advice and representation of a Jacksonville Florida personal injury lawyer to pursue damages resulting from the negligence of another person, business, or medical provider. You can read more about Florida's Wrongful Death Act at the Florida Statutes Official Website.

May 5, 2008

Florida Pediatric / Child Head Trauma Can Lead to Death

Trauma is the number one cause of death in children older than 1 year in the United States.

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Head trauma represents more than 80 % of these death related injuries. In Florida, children are injured every day in automobile accidents, slip and falls, playground injuries, school injuries, sports injuries, and bicycle accidents. The anatomical differences in the development and size of a child's brain make it more susceptible to brain injury than an adult. You can read more about the pediatric / child brain injuries at the E Medicine / Web M.D. Web Site - Head Trauma.

It is important to have a pediatric specialist evaluate and treat the child when possible. Many emergency rooms have such specialists but some do not. If you cannot see a pediatric specialist at the ER, you may want to schedule a follow up at the local children's hospital for a more in depth evaluation.

March 24, 2008

Florida Child Injuries & Wrongful Death Resulting from Guns

Jacksonville, Florida child injuries resulting from guns has been a problem for many years.

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Throughout Florida and the United States, there are 10 - 12 firearm deaths daily to children under 19. If you are a gun owner or know somebody who owns a gun, it is important to take some basic but vital steps to protect and safeguard the weapon.

Our constitution gives us the right to bear arms. With such rights come great responsibility. A website called www.injuryfree.org provides good tips on Florida gun safety and other issues. If you own a gun, print out the list and make sure that you do everything you can to safeguard the gun. Your actions may end up saving a life in the future.

If you have a child or know a child who has been injured by a gun, it is important to have a Jacksonville personal injury attorney review the facts to determine your rights and remedies for the injuries caused to your child.