Florida Child Injury Lawyer Blog

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.

Two year old Serenity Bergey was found dead in September of 2007, her head wedged between the mattress and the drop railing of her broken Simplicity brand crib. Two days later, the United States government issued a recall of nearly 1 million cribs; several other children were already believed to have been asphyxiated by defective drop-sided cribs made by Simplicity, Inc.

Even though Serenity’s death was ruled an accident at the time, Florida detectives never believed that her death was accidental. The child’s home was dirty and full of drug paraphernalia, and her supposedly defective crib was broken and held together by duct tape. In 2008, detectives sought to charge the girl's mother, Connie Bergey, with aggravated manslaughter charges, but prosecutors declined to take the case due to the lack of evidence. Now a witness has come forward with new information that is allowing detectives to pursue criminal charges against Serenity’s mother.

Ms. Bergey’s lawyers have denied that she did anything wrong. Ms. Bergey is suing Simplicty, Inc., which has gone out of business, and Wal-Mart, where she purchased the crib. Read more about the recall of Simplicty cribs and the death of Serenity Bergey at Investigation reopened into toddler death that led to crib recall.

If your child has been injured by a defective product, please contact our law firm for child injury legal counsel.

Ryan Gooding, of Palm Springs, Florida and friend saw a science experiment on YouTube.com that looked interesting to them, and decided to try to do the experiment on their own. The experiment was creating a rocket out of a plastic soda bottle using vinegar and baking soda.

But when Ryan and his friend were ready to launch the rocket, the bottle accidentally exploded in Ryan’s face, causing chemical burns, lacerations, a broken nose and temporary blindness in one eye. Ryan was hospitalized. Unfortunately, the family’s health insurance policy lapsed two days before the accident took place, and now his mother is trying to figure out how to pay the hospital bills for her son’s care.

Experiments and entertainment on TV and the Internet often look very tempting to young kids, who do not have a fully-developed sense of caution when it comes to dangerous activities. Parents need to help their children understand that mimicking stunts and experiments performed by professionals is dangerous and could get them hurt. The news story did not point out the link to the YouTube.com video Ryan was watching, but one can only hope that it had an appropriate warning for children not to try the experiment at home without supervision.

Read more about Ryan and his family’s plight at Child injured recreating YouTube experiment.

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.

A three year old Orlando boy was seriously injured when he was attacked by a neighbor’s dog. The child was reportedly playing with his parents in their yard, when the child’s parents noticed that their family dog was acting out of character.

Soon after, a strange pit bull ran into the yard and bit the child in the face. The family’s dog chased the pit bull off while the parents rushed the child into the house. Deputies who responded to the incident tried to corner the pit bull and were forced to shoot and kill the dog when it attempted to charge them.

The boy was rushed to the hospital with serious injuries including lacerations on head; the child’s father was injured in the attack as well. Neighbors are quite upset that someone would let an aggressive pit bull wander around the neighborhood unattended. Police have still not identified the dog’s owners.

This is not the first time the child was attacked by a dog. The boy had his leg bitten by a dog about a year ago when his family was visiting with friends. You can read more about this story at Boy Seriously Injured In Dog Attack.

A twenty seven year old mother accidentally scalded her five month old son with hot bath water. Apparently, the woman was drawing a bath for the child when she saw a spider in the bathtub; when she attempted to wash the spider down the drain, it jumped out of the tub and onto the child’s arm. She then tried to rinse the spider off of the child by putting the child directly under the running water, not realizing that the water was too hot. The child was brought to the local fire station, where he was found to have second degree burns on his body.

Investigators have determined that the incident was an accident. Other family members at the home told investigators that they were not aware that the hot water heater was set so high. A Pasco County, Florida sheriff’s deputy watched the child’s grandfather turn the heat down. The child has been released from the hospital and is recovering at home with his family.

This unfortunate accident drives home the point that parents need to be vigilant to protect their children at all times. Read more about this unfortunate accident at Mother Trying To Kill Spider Scalds Baby.

If a child has been injured by someone else’s negligence, a Florida Child Injury Lawyer can advise you as to your child's legal rights and the laws pertaining to damages / compensation for these injuries.

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.

Professional “mommy blogger” and stay at home mom, Shellie Ross of Merritt Island, Florida, surprised her 5,000 Twitter followers recently by Tweeting all the details of the drowning death of her two year old son Bryson. The child reportedly wandered off from his eleven year old brother and fell into the family’s pool. A few minutes before the child wandered off, Ms. Ross was tweeting about the weather, then suddenly started asking followers for their prayers as she rushed with the child to the emergency room.

The online community was shocked by Ms. Ross’ announcement and the fact that she continued to Tweet about what was going on as she waited for news of her son’s fate in the emergency waiting room. Family members and the Brevard County, Florida Sheriff’s Office do not agree; they say that they believe tweeting had nothing to do with this tragic accident. Ms. Ross has locked her account and has not sent any more tweets since immediately after Bryson’s death. You can read more about this tragic drowning death and the online community’s reaction to it at Tweet sorrow.

Twenty month old Dallas Walters was visiting his great aunt’s home with relatives when he was fatally attacked by the family’s Rottweiler. Reportedly, the child dropped a cookie on the floor, and when he went to pick it up the dog attacked him. The child was taken to the hospital after the attack but was pronounced dead sometime after arriving. The dog was supposed to be tied up in the backyard, but got loose and wandered into the house.

The Rottweiler was a one-year old unneutered male, and officials say there is no proof that the dog was registered or had received its rabies shot. It was euthanized the day after the attack. The dog’s owners said that they had owned the animal for about two months, and that it had not previously demonstrated aggressive behavior. Dallas’s father, Andrew Walters, says that he will be pressing charges against the dog’s owners.

Large or aggressive dog breeds should never be allowed unsupervised, especially around strange children, who may scare or spook the dog and cause it to act aggressively. You can read more about this child attacked by a dog and mauled to death at Dog that killed toddler is euthanized.

If you or someone you know has been injured in a dog attack, it is helpful to have the advice, counsel, and representation from a Florida child injury lawyer. It is important for parents and guardians to be advised of the child's rights and legal options when there are serious injuries or death resulting from a dog bite incident.

Three masked men with guns broke into a Palm Bay home where five children, ranging in age from ten months to fifteen years old, were waiting for their mother to return home from the hospital with another of her children who needed stitches for an unrelated injury. The mother returned from the hospital and walked in on the gunmen shortly after they had broken in to the home and forced the children to lie down on the living room floor. After the mother arrived home, they threatened the ten month old baby with a gun, choked the eleven year old, threatened the family dog, demanded money, stole all the Christmas presents, and finally poured boiling oil on the mother and her fifteen year old daughter. The young girl is still in the hospital with third degree burns from the oil.

Police believe that the armed intruders may be acquaintances of one of the children’s uncles. The investigation is still under way. This horrific intrusion and torture is very hard to read about. You can read more about this crime and the investigation at Mom, Children Tortured In Palm Bay Home.

Caroline Bramlet, aged twenty one, has been charged with aggravated child abuse, possession of marijuana, and possession of drug paraphernalia after leaving her six week old baby unattended to go chat with neighbors. According to Escambia County, Florida deputies, the child was burned by a fire that broke out some time after the mother left her alone in the apartment. Fire department officials have reported that Ms. Bramlet was using candles in the child’s bedroom. They believe that one of the candles fell off of the windowsill and onto the bed, starting a fire that burned the child’s scalp. The burns are considered minor.

When firefighters responded to the scene, they found drug paraphernalia in the home. The deputies, who arrested Ms. Bramlet, found that she was in possession of marijuana. The infant was treated for her burns and released into the custody of the Florida Department of Children and Families. Ms. Bramlet has been released from Escambia County Jail on $3500 bond.

This story was reported by the Pensacola News Journal. As with any other criminal case, Ms. Bramlet will be allowed to defend herself of these charges. She will be entitled to representation from a public defender or a private criminal defense lawyer. She may claim that she left the apartment for a good reason and that she was not the owner of the drug paraphernalia or did not know about the drug paraphernalia.

A mother who would leave her infant child alone in a room with burning candles certainly has some problems with judgment. Neither children nor burning candles should ever be left unattended. Find out more about this story at Pensacola mother faces child abuse, drug charges.

State Representative Audrey Gibson is urging residents in Jacksonville, Florida and elsewhere to get rid of unsafe space heaters in their homes. Over the years, many lives have been lost in fires caused by unsafe space heaters. A federally funded program through the Northeast Florida Community Action Agency can help many North Florida residents properly weatherize their homes and get rid of unsafe space heaters. For more information - read the Florida Times Union Website article - Getting Rid of Dangerous Space Heaters.

In Boynton Beach, Florida, a 6 year old fell out of a second story window. It was reported at the Florida Times Union that the girl suffered a fractured leg as a result of the fall. She also injured her shoulder and chin. The girl apparently fell through a window screen. Fire Rescue reported that it would have been difficult to prevent such a fall. There have been other falls from windows reported in other States as well. Parents should be careful and exercise caution any time a window is open with or without a screen on the window.

The Pasco County, Florida Sheriff’s office received a call reporting a house fire on Bridleton Road in Port Richey, Florida. Officials at the scene reported that all of the occupants of the home managed to escape except the 6-year-old boy. The child’s father suffered second-degree burns and was airlifted to an area hospital. The names of the family members and the victim have not been released. Sgt. Mel Eakley of the Pasco, County Florida Sheriff’s Office, has stated that he will work closely with the fire marshal to determine what caused the fire, and to determine if any criminal charges will be brought.

An investigation will seek to determine if arson was a factor in the fire, and if the home was in compliance with the City of Port Richey Municipal Code or other applicable fire protection laws. The interpretation of Florida city and county ordinances can be complicated. There are several issues that arise in a deadly fire, including the following:

How was the fire caused?
Was the fire preventable?
Would smoke alarms have saved the child's life?
Was the home equipped with an appropriate fire detection system?
What other fire prevention or safety measures were in place?
What was the status of the electrical system and ventilation system for the home?
Does the family rent or own the home?
What insurance coverage would apply to the injuries and deaths suffered as a result of this fire?

Read more about this tragic fire at 6-year-old dies in Port Richey house fire.

Jamie Garr was visiting her grandmother for the holidays recently, when the woman’s house caught on fire. Jamie was outside the house riding her bicycle when she noticed the fire, according to neighbors. Jamie reportedly ran into the house and called 911, then attempted to save her great-aunt, Corrine Allen, who lived in the home, from the fire. Neither made it out of the house. A friend of Ms. Allen’s reported that she was suffering from dementia. Jamie’s grandmother was Ms. Allen’s caretaker, and was not home when the fire started.

Investigators believe that the fire was caused by something placed on top of a heater; the heater was between the front door and the bedroom where Jamie and Ms. Allen’s bodies were found. The fire apparently pinned them into the bedroom and prevented them from leaving the house. It is not clear why the two did not try to escape through the window. Neighbors who attempted to get into the house through the front door were unable to make it past the burglar bars.

Fires can break out and become deadly very quickly. Children and adults should be aware of what to do in a fire, and should talk about escape routes and proper fire safety on a regular basis. You can find out more about this tragic fire that claimed the lives of two people at Jacksonville 12-year-old died trying to save great-aunt.

When a child goes missing, the family, neighbors, friends, and the community join together in an effort to locate the child. Luis Martinez, age 2, was a child who went missing. It was reported by Fox News that 400 volunteers were gathered together to search for Luis. Tragically, it is believed that Luis' body was found in an uncovered septic tank. An autopsy will be conducted to determine the cause, manner, and timing of death. Tragic stories like this show the importance of adult supervision as well as proper home maintenance. It was reported that the septic tank had an 11 inch opening which presented a dangerous condition for any child or adult walking or playing in the yard. Children especially toddlers are very curious. Unfortunately, toddlers have poor safety awareness and do not understand when they wonder into a dangerous area or situation. The tragic death of Luis Martinez will certainly have an impact on his family, neighbors, friends, and the community.

In Florida, there are swimming pools in virtually every neighborhood. Children enjoy swimming and playing in swimming pools. It is vital that swimming pools are properly fenced / gated to keep young children out of the swimming area. Adult supervision should be consistently provided any time that a child is in or near a swimming pool. Two deaths were recently reported. In Marion County (Ocala, Florida), a 10 year old autistic boy (Bernard C. Latimore), who was reported missing from his home, drowned in a neighbor's swimming pool. In a separate unrelated incident, a 3 year old girl drowned in an apartment complex swimming pool. The deaths of these children is certainly a great loss for their families, neighborhood, friends, and the community. It is certainly tragic that an area built for fun (swimming pool) turns into a site of death of a young child. You can read more about these incidents at Two Children Found Dead in Separate Florida Drownings. See Florida Residential Swimming Pool Act is for the protection of children.

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.

In Orange County, Florida, deputies from the Orange County Sheriff's Office are investigating the death of a toddler who was apparently fell out of a first floor window. The incident was reported to 911. Paramedics arrived on the scene and transported the child to Arnold Palmer Children's Hospital. Unfortunately and quite tragically, the child was pronounced dead at the hospital. An autopsy will be performed to determine the cause of death. Investigators and medical examiners will inspect the scene of the accident and compare these findings with the forensic medical findings from the autopsy. The death of a child is a traumatic event for any family and community. You can read more about this story at Child Dies from Reported Fall from Window in Orange County, Florida.