January 30, 2012

Child Injury at Another Person's Home - Is the Homeowners Insurance a Public Record?

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My child suffered personal injuries at another person's home is the home owners insurance at public record? This is an excellent question that is often posed to a Florida child personal injury attorney when a child is injured at another person's house. The child injury may take place at a friend's house, a relative's house, or some other person. When this happens, there is often times hesitation or fear of asking the homeowner if there is homeowners insurance or the amount of homeowners insurance. In the State of Florida, public records are not kept as to each homeowners policy that is an effect at any particular time. There is a database for property ownership that is kept by the property appraiser for each Florida county. There is no similar website or database for homeowners insurance in the State of Florida. In order to find out if a person has home owners insurance and the type of homeowners insurance, it is often times necessary to either ask the homeowner for a copy of the homeowners insurance policy or information. Alternatively, an attorney can issue a letter to the homeowner and request that the homeowner forward the letter to the insurance company.

If a homeowner receives a letter from an attorney or another person requesting insurance information, the insurance carrier should be immediately contacted by the homeowner. Under the terms of most insurance policies, the homeowner has a duty to notify the insurance carrier or insurance company when there is a claim or possible claim that may be pursued by an injured person. If a homeowner receives a letter requesting insurance information regarding an insurance policy but fails to timely report this matter to the homeowners insurance company, the homeowners insurance company at a later date may deny coverage because the homeowner failed to cooperate with the investigation. In other words, the insurance company may argue that the homeowner prejudiced the rights and abilities of the homeowners insurance company to investigate the matter and because of this there could be a denial of coverage in the future. Because of the risk in failing to timely notifying homeowners insurance company of a possible claim, the homeowner should immediately report a possible claim or injury to his vizor her homeowners insurance company.

In civil proceedings or lawsuits pursued for personal injuries in the State of Florida, there is no privilege that attaches to the amount of homeowners insurance or the policy information for the homeowners insurance. So in summary, one way or another and accident victim can obtain the home owners insurance information and pursue an injury claim against the homeowners insurance if there is coverage for that particular injury.

January 28, 2012

Accidental Shooting - How Can a Child Victim Seek or Obtain Compensation for Personal Injuries in Florida?

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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.

January 5, 2012

Gunfire Celebrating New Year Puts Florida Boy in a Coma

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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.

January 3, 2012

Cold Weather - Heat Lamp May Have Caused Deadly Fire in Clay County, Florida

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In Florida during the few cold spells here, heat lamps and other devices are used to keep people and animals warm. A deadly fire was recently reported in Middleburg, Florida. The fire claimed the life of a grandfather and his 4 year old grandson. A teenage girl was able to escape the fire.

The Florida State Fire Marshal will conduct a full investigation as to the cause, origin, and preventability of this fire. According to initial news report, it is suspected that the fire may have been started by a heat lamp that was being used to keep a baby goat warm on the back porch.

In some fire / burn cases, a Florida Child Injury Lawyer can assist a family member with the issues that arise concerning homeowner's insurance, property damage, medical bills, and other issues. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know has chapters on Homeowner's Insurance, Medical Bills / Medical Treatment, Damages / Compensation, and other issues. You can obtain a free book at The ABCs of Child Injury.

A fire of this nature can have a long term effect on the surviving family members. It was reported that smoke detectors were in place in the home. For more information on this Clay County Fire, see Grandfather and Child Die in New Years Eve Fire in Clay County, Florida.


December 29, 2011

Television Safety - Anchoring / Strapping Television - Important for Safety of Children

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What is a common household item that puts a child at risks for serious personal injuries in homes and day care centers? The answer to this question may not be so obvious. The answer is a "television". Yes, a television can cause serious personal injuries and, in some instances, death to a child.

Televisions, especially older model televisions, can be quite large and heavy. Many children do not recognize the danger of televisions or what could happen if the television falls off of a dresser, table, or even a wall. One curious act of a child can lead to devastating personal injuries.

The Consumer Product Safety Commission reported that more children - between 200 and 2010 - were killed in accidents involving a television than other unstable furniture or appliance items. Statistically, there were 169 deaths from falling televisions and an annual average of 13,700 personal injuries resulting from falling televisions.

Safety experts recommend that parents, business owners, and day care providers purchase straps, brackets and other safety devices be purchased concurrent with the television. The use of the television should not be initiated until proper safety measures are put in place. See Safety Tips to Secure Televisions.

Unfortunately, children are injured at day care centers and homes due to unsafe televisions or other items. When a child suffers an injury as a result of the negligence or fault of another person, business, or government entity, there are many challenges and issues facing a parent. 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, Homeowner's Injuries, Homeowner's Insurance, Damages / Compensation, Medical Bills / Medical Treatment, and other issues. You can receive this book for free at The ABCs of Child Injury.

December 1, 2011

Dog Bite Attack - Madeira Beach, Florida - 5 Year Old (Shayna Lydick) Suffers Serious Facial Personal Injuries

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In Madeira Beach, Florida, a 5 year old girl (Shayna Lydick) suffered serious facial personal injuries as a result of a dog attack. The attack was reported by Bay News 9 (Pinellas County). The family of Shayna Lydick are very upset over the situation and the injuries to this Pinellas county girl. The family is also concerned about the safety of others in light of the dog attack by "Sampson". Shayna has been seen and treated by a plastic surgeon who informed the family that the injuries will be permanent in nature. See Dog Bite Attack - Madeira Beach, Florida.

In Florida, the owner of a dog is liable for injuries caused by a dog bite. Unlike some other States, there is no "one free bite" rule in Florida. In addition, a dog bite victim does not have to prove that the dog was previously known as a vicious or dangerous dog. If a dog bites a person, there is typically liability for the resulting injuries unless the dog bite victim was a trespasser or was hostile to the dog. In Florida, dog owners should maintain control of their dogs. Many dog bite incidents can be avoided with a proper collar, leash, and, yes, control by the dog owner. When a dog owner takes his or her dog out in public, there is always a risk that the dog may react to something or somebody and then bite a person. It does not necessarily mean that the dog is a "bad dog". It just means that the dog bit a person, caused injuries, and, yes, has caused a liability problem for the dog owner. See Florida Dog Leash Laws - County by County. See Florida Dangerous Dog Laws - County by County.

November 25, 2011

Carbon Monoxide Exposure Leads to Hospitalization in Orange County Florida

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In Orange County, Florida, it was reported that four people were exposed to carbon monoxide poisoning at an apartment complex. The complications caused by the carbon monoxide poisoning required medical care and treatment with a hospitalization. See Four People Hospitalized in Central Florida with Carbon Monoxide Poisoning.

Carbon monoxide poisoning can lead to serious personal injuries and, in some instances, the death of unsuspecting victims. The problems and dangers associated with carbon monoxide poisoning are amplified by the fact that carbon monoxide is a colorless and odorless gas that enters a person's respiratory system instead of oxygen.

November 5, 2011

Tragic Lawn Mower Accident Leads to Death of Titusville Toddler

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In Titusville, Florida,a terrible and tragic lawn mower accident took the life of a Titusville toddler. It was rported by the Titusville Police Departmentt that the 19 month toddler was riding in a trailer attached to a lawn mower. The toddler fell out of the trailer, hit his head, and then was run over. Titusville Fire Rescue responded to the scene and the injured Florida child was airlifted to Parrish Medical Center. Unfortunately, the child died as a result of the lawnmower accident injuries. See Titusville Florida Toddler Dies as a Result of a Lawnmower Incident.

Serious injuries to children take place at home or the homes of friends and relatives. Yes, even simple activities at the home or outside the home can lead to serious injuries and in this case even death.

Lawnmowers are tools over everything else. At times, lawnmower owners and operators use the tools for transportation and, yes, to entertain children. Anytime, a child is towed or carried in any trailer or item with wheels - safety measures should be followed including the use of safety belts and helmets. If an item is not designed to transport a child, then it should not be used.

When a child is injured as a result of an incident that took place at the home of a friend, neighbor, or yes a family member (other than a parent), there are often times questions as to the rights of the child including the payment of medical bills, the provision of medical treatment, the availabaility of insurance, and other issues. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - covers these topics and many others. The book is provided to parents and other caregivers for free at Free Book to Parents Searching for Answers When There is a Child Injury - The ABCs of Child Injury.

May 5, 2011

Importance of Gun Safety at Home - Shooting Reported in Miramar (South Florida)

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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.

April 28, 2011

11 Year Old Boy Pushed into Street and Hit by Car - Teen Girls Arrested in Palm Springs, Florida

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In Palm Springs (Palm Beach County) Florida, two teens (Yoanelis Candelaria-Perez) and other girls were charged with felony battery and cruelty towards a child. The story reported in the Orlando Sentinel and other news outlets involved two groups of girls who had a dispute. There was a chase of some kind that ended with an 11 year old boy allegedly being pushed into the street. The Defendants will argue that it was merely an accident and there was no intent or malice involved with the boy who was apparently an innocent bystander. The teen girls will be entitled to legal representation through a Florida Criminal Defense Attorney or the services of the Public Defender's Office. It was reported that the 11 year old boy suffered personal injuries including fractured ribs, abrasions to her legs and left arm, a collapsed lung, and a wound to his back. See Police: Teen Girls Pushed Palm Springs Boy, 11, into Path of Car.

When there is an injury that takes place away from the home, there still may be a possible homeowner's claim for the negligence of the homeowner or a resident relative. Each case must be evaluated on its own merits and the homeowner's policy must be read carefully to determine coverage and exclusions. Most homeowner's policies exclude criminal or intentional conduct on or off the premises from coverage. Since this is somewhat confusing concept that is evaluated case by case and policy by policy, it is often helpful to have a Florida Child Injury Lawyer evaluate the case, liability, and applicable insurance coverage (if any).

When a person is injured as a pedestrian or a bicyclist, there may be coverage available through an automobile insurance policy as well. Again, the insurance policy and facts must be evaluated to determine eligibility and coverage. When a pedestrian or bicyclist is injured, there may be coverage under a parent's automobile insurance policy for PIP (Personal Injury Protection), Med Pay (Medical Payments), and / or Underinsured or Underinsured Motorist (UM) insurance coverage. Again, these issues can be complicated and confusing. As such, guidance and representation through a Florida Child Injury Lawyer is important and helpful to make sure that benefits and claims are paid pursuant to the policy and Florida law.

April 6, 2011

Safety Is Key When Building or Owning a Backyard Playground Set

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Playgrounds provide a fun environment for children to play and exercise. Although these devices can be fun and enjoying for children and their families, playgrounds can also be dangerous. Playground-related injuries can vary in severity: personal injuries can be as minor as a scratch or scrap or as serious as a broken bone or even death. The Consumer Product Safety Commission conducted a study more than 10 years ago that revealed more child deaths occurred on background playground equipments then on public grounds. The CPSC also conducted a study in 2009 that revealed 40 child deaths were associated with playground equipment between 2001 to 2008. The majority of those 40 deaths were the result of hangings or asphyxiations. If you are planning to build a playground set in your backyard consider the following tips:
1. Location. Consider the accessibility of the playground set. Can the equipment be seen from a window? If an accident should occur is it within close distance to the home? It is common for children to play on playgrounds while their parents are inside. Therefore make sure the playground set is visible and you can hear the children while playing.
2. Equipment. Some playground equipment can be more dangerous than others. A CPSC study revealed that climbers caused 23% of all playground-related personal injuries and swing sets were associated with 22%. Make sure to adhere to the manufacturer's instructions when installing playground equipment.
3. Surfaces. A CPSC study revealed that 67% of playground-related personal injuries occurring between 2001 and 2008 involved falls or equipment failure. Plan for these falls by installing impact-absorbing surfaces beneath the playground equipment.
4. Inspection. Overtime playground equipment experiences the normal wear-and-tear. Parents should routinely inspect equipment to ensure it is holding up and still safe for children to play on.

For more read Playground installation safety tips for parents and families.

March 26, 2011

Florida Drowning Ends Life of 3 Year Old Girl in Daytona Beach, Florida - Dangers of Swimming Pools

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In Florida, swimming pools are a common site in most neighborhoods and communities. Unfortunately, at times, swimming pools are the locations of tragic drownings of toddlers and small children. It was reported that a 3 year old girl recently drowned in her grandmother's swimming pool. The grandmother found the girl floating in the Dayona Beach swimming pool. As the grandmother was distracted by the needs of the 4 month old sibling of the girl, the toddler wandered outside and into the pool. Just a moment or two of distraction or inattention can lead to tragedy. Some tragedies are avoidable and predictable. Others are not.

It is important for all pool owners and child care providers whether day care centers, child care providers, parents, babysitters, and yes, grandparents to do their best if there is a small child and a swimming pool or body of water proximate or close to the house.
The child was at her grandmother's home, where the grandmother was also caring for a 4-month-old child. The grandmother said she went to change the younger child's diaper and the toddler wandered outside. Volusia County officials responded to the scene. See Report: 3-year-Old Girl Drowns in Pool at Daytona Beach Home. Other recent drowning incidents in Florida include the following: Another Unfortunate and Tragic Drowning of a Florida Child (Kimberly Hayward) in a Swimming Pool and Drowning in Orlando Florida - Toddler (18 Month Old Girl) Falls in Family Pool and Drowns.

March 21, 2011

Another Unfortunate and Tragic Drowning of a Florida Child (Kimberly Hayward) in a Swimming Pool

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Florida is well known as a tourist State and has warm weather that allows for swimming and beach visits virtually year round. Unfortunately, Florida also is known and has its more than fair share of drownings (both children and adults) year round as well. The Associated Press recently reported that a 4 year old girl (Kimberly Hayward) drowned in a backyard swimming pool in South Daytona. Details of the drowning were not reported including the type of supervision in place, the location of the pool, safeguards in place like fences, screens, pool alarms, and pool fences, or the owner of the house or pool. Regardless, a young life was lost and a family and community will surely mourn her death. See 4 Year Old Girl Drowns in Backyard Pool.

The book titled The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know has a chapter on Swimming and Water Park Injuries. There are also chapters on Damages / Compensation, Homeowner's Insurance, and other topics. You can get a free book at Free Child Injury Book for Parents.

March 5, 2011

Dangers of Guns in the Hands of Child - Accidental Shootings Due to Lack of Supervision and Gun Safety

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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.

February 7, 2011

Simple Tips to Keep Kids Safe - Preventing Child Injuries

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Below is a summary of the leading cause of fatal personal injuries in children ranging in age from less than one-year-old to 19-years-old:

- From 2000-2006, the leading cause of death for children were personal injuries due to transportation. Although a substantial amount of deaths involved pedestrian or bicyclist accidents, the highest rates were among occupants of motor vehicles in traffic.

- For children less than one-year-old, 2/3 of death caused by personal injuries were due to suffocation.

- For children aged 1 to 4-years-old, drowning was the leading cause of personal injury-related death.

- For children aged 5 to 19-years-old, the most personal injury-related deaths were due to being an occupant in a motor vehicle crash.
(Source: The Centers for Disease Control and Prevention)

Also, according to The Centers for Disease Control and Preventions, an average of 12,175 children between the ages of birth to 19-years-old are killed annually in the U.S. from unintentional injury. Gary Hamner, a public education officer, said many of the childhood fatalities caused by unintentional injury are preventable, especially if people become more aware of traffic safety. Outside the home, fatal childhood personal injuries can be avoided by keeping children in seat belts or age- and weight-appropriate child safety seats. Inside the home, Hamner stresses that preparing for a fire emergency is critical. Homes should always have smoke detectors, the devices save lives. The batteries in smoke detectors should be checked once a month and replaced twice a year. Also, parents and guardians should have and teach their children an emergency exit plan should a fire occur. Children should know exactly what to do when a smoke detector signals; they need to know the fastest and best way to get out of every room in the home and a safe meeting place once no longer in the home. To read more see Avoid fatal childhood personal injuries, simple tips on prevention.

February 1, 2011

Accidental Shooting Victim Recovering from Gunshot Wounds to Chest

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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.

January 31, 2011

Four Year Old (Landon Greene) Dies as a Result of Furniture Accident in Crawfordville, Florida

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A 4-year-old boy of Crawfordville, Florida, tragically died on January 15 after a large, wooden pice of furniture fell on top of him. After investigation, the death has been ruled as a tragic accident. The accident occurred in a bedroom of the grandparents' house. Landon Greene was playing with his 5-year-old cousin when he attempted to climb a 5 1/2 foot tall dresser. Landon's grandmother, Lavonne Greene, went into the room after her and her husband, Charles Greene, heard a loud noise come from the bedroom where the children were playing. Lavonne discovered Landon under the dresser which was full of clothing. The child was rushed to Tallahassee Memorial Hospital where he was pronounced dead approximately one hour later.

The child suffered a fatal head injury, which was caused by the dresser falling on top of him. To read more on this story please see 4-year-old boy dies after dresser falls on top of him.

Child fatalities caused by household items are more common then one would think. Children climb, jump, and run around large household furniture such as dressers, trunks and television sets. TVs have recently caused a significant amount of child fatalities. Parents and guardians should childproof their homes to the best of their ability and ensure that play areas are safe.

January 27, 2011

Is a Grandparent (Grandmother/Grandfather) Liable for Negligence When a Grandchild Is Injured at Grandma's / Grandpa's House?

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In Florida, children often spend time and visit with grandparents, aunts, uncles, cousins, other relatives, and friends. Unfortunately, child injuries often take place when a child is away from home and visiting family or friends in another person's home. When an injury takes place, there are often questions and issues to address including the following:

Who is legally responsible for the injuries?

Who is legally responsible for the medical bills?

What insurance would cover the medical bills and other damages?

Is there immunity under Florida law for a grandparent, aunt, uncle, cousin, or other relative?

What are the legal rights of the child?

What are the legal responsibilities of the homeowner? child care provider? relative?

In Florida, a grandparent and other non-guardians of the child do not have immunity for personal injuries that are caused by negligence. Many people would find it disturbing to file a claim against a grandmother, aunt, uncle or other parent; however, many parents and guardians of children do not have much of a choice when faced with mounting medical bills and the need for medical care of a child following a serious personal injury. In most cases, the claim or case is pursued against the homeowner's insurance for the grandparent or other relative. Homeowner's insurance is in place to cover incidents like fire and other damages to the home. In addition, homeowner's insurance is in place to cover medical bills and other related damages should a person (like a child) suffer an injury in the home as a result of the negligence of another person.

Ultimately, the choice to pursue a case or claim against a homeowner's insurance policy is up to the parent or guardian of the child. This can be difficult decision especially when the accident or incident takes place at another family member's home. A Florida Child Injury Lawyer can help advise a parent as to the legal rights of the child and what resources and insurance are available for the benefit and care of the injured child.

The book titled The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Homeowner's Insurance, Dog Bites, Automobile Accidents, and other topics. In the Homeowner's Insurance section of the book, you can read about coverage for accidents or incidents that take place at the home and coverage for incidents that take place outside of the home. Yes, some homeowner's insurance policies will provide coverage for negligent acts even if the incidents take place at a location different than the home covered under the Florida homeowner's insurance policy. You can receive a free copy of this child injury book by clicking here.

January 16, 2011

Pit Boy Dog Bite Attack in Palm Bay Florida Leads to Facial Injuries to 5 Year Old Boy (Jahvon Harrington)

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In Palm Bay, Florida, a 5 year old boy (Jahvon Harrington) and his family are dealing with the aftermath of a dog bite attack on Javon by a Pit Bull dog named Blue Sky. It was reported that the boy was playing with the dog when the dog then attacked the boy. Palm Beach police is investigating the incident and the Florida Department of Children and Families is also participating into this dog bite investigation. The dog is owned by Jahvon's babysitter. Blue Sky the Pit Bull dog apparently grabbed Jahvon by the head with his strong jaws and then shook Jahvon. The attack traumatized and crushed the facial bones surrounding one eye and tugged and ripped a portion of Jahron's ear. See Palm Bay Florida 5-Year-Old - Jahvon Harrington - Suffers Facial Personal Injuries in Pit Bull Dog Attack.

Florida has laws in place that provide a cause of action for dog bite victims like Jahvon Harrington. In particular, Florida has strict liability for dog bites. In other words, a dog owner is liable for the injuries caused by a dog regardless of the dog's prior history, knowledge of the dog owner of the dog's dangerous propensities, or negligence of the dog owner. While there are some exceptions to Florida's strict liability law, dog owners are generally liable for the damages, medical bills, and pain / suffering associated with a dog bite.

Dealing with the aftermath and stresses of a dog bite to a child can be very stressful to the parents responsible for the medical bills and care of the child. <u>The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Dog Bites, Medical Bills and Medical Treatment, Damages / Compensation and other issued faced by the parents of an injured child. A free book can be requested at Free Child Injury Book.

July 8, 2010

Dangers of Pool Drains - Importance of Strong Laws and Regulations to Protect Children

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Child safety advocates and parents are upset with the Consumer Product Safety Commission's position regarding pool and hot tub safety involving drains. The Virginia Graeme Baker Pool and Spa Safety Act was enacted in 2007. This law required that public hot tubs and pools have drain covers and a back up system in place if the drain has an obstruction in place. The CPSC has interpreted this law to eliminate the need or requirement for a back up system. By having a back up mechanical system in place, suction related personal injuries and deaths to children can be prevented.

Some suction or drain related deaths have resulted right before the very eyes of parents who were rendered helpless by the mechanics, force, and physics of the situation. Safety measures are vital to protecting children in swimming pools and spas. While supervision is a key element to child safety, construction and mechanical standards are very important as well. You can read more about this story at Swimming Pool and Spa Safety Advocates Upset with CPSC Interpretation of Safety Standards.

 
 
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