Florida Child Injury Lawyer Blog

In Oxford, Florida (Sumter County), a 12 foot long Burmese python snake broke out of its aquarium and strangled Shuannia Hare, a 2 year old girl. The snake's owner, Charles Jason Darnell, discovered that the snake was out of the aquarium and found the snake on the 2 year old girl. The girl had bite marks on her head. It was reported that Mr. Darnell did not have a permit for the snake. It is uncertain from reports how Mr. Darnell obtained possession of the snake. It is certainly tragic that a 2 year old girl died from a snake strangulation while in her own home. You can read more about this story at Escaped Pet Python Strangled Two Year Old Girl.

Any business or homeowner in possession of a snake should make sure that the snake is contained in a safe, secure aquarium, cage, or container. Snakes should be safeguarded away from children and in a place that cannot be accessed by children or pets.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Dogs / Dog Bites / Animals / Pets , Homeowner's Insurance / Injuries at a Home , Medical Care & Health Issues

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On the Northside of Jacksonville, Florida, twin girls recently died as a result of a drowning incident. The girls lived in a home near a retention pond and wandered into the pond where they both drowned. CPR was attempted on the girls to no avail. The girls were later pronounced dead at Shands Jacksonville Hospital.

This story shows the importance of supervision and barriers / fencing for homes near bodies of water including but not limited to retention ponds. Unfortunately, children do not understand or appreciate the dangers of water. Furthermore, children lack the judgment regarding their swimming abilities and the depth of waterways.

You can read more about this story at Twins Drown in Jacksonville, Florida in a Retention Pond.

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Posted In: Child Safety , Homeowner's Insurance / Injuries at a Home , Swimming Pool & Aquatic Injuries

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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.

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Posted In: Child Safety , Gun & Firearm Safety and Injuries , Homeowner's Insurance / Injuries at a Home

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Children suffer serious personal injuries and, in some cases, death as a result of unsecured furniture, appliances, and television sets. In Jacksonville, Florida, a four year old girl recently died when a large television set fell off a stand and on the girl. The Jacksonville Sheriff's Office indicates that the death appears to be an accident. An investigation will probably be conducted to determine more details as to the cause and manner of the death. This incident shows the importance of child proofing a home as to large television sets and appliances. It is quite tragic that the child lost her life from a television set. You can read more about this story at 4 Year Old Jacksonville Florida Girl Dies When Television Set Falls on Her.

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Posted In: Child Safety , Homeowner's Insurance / Injuries at a Home

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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.

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Posted In: Child Safety , Gun & Firearm Safety and Injuries , Homeowner's Insurance / Injuries at a Home

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In Florida and Other States, simple safety measures like fire alarms and smoke alarms can be put in place to protect children from personal injuries and wrongful death. In Seminole County, Florida, a family is very thankful for its fire alarm that went off to warn the family of a fire that started in the garage. The family of four (mother, father, and two children) along with the family dogs were able to get out of the house to safety. The fire appeared to be electrical in nature. Fire Rescue responded to the scene to attend to the fire. You can read more about this story at Smoke Alarm in Seminole County Saves Family and Pets from Fire.

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Posted In: Child Safety , Homeowner's Insurance / Injuries at a Home

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Sarah Ludemann, age 18, was the tragic and unfortunate victim of a fatal stabbling in Pinellas Park, Florida. Sarah went to confront Rachel Wade about a boyfriend issue. The two started fighting. The fight ended with Rachel stabbing Sarah with a kitchen knife. Sarah died 1 hour later after the stabbing. Rachel Wade was arrested on charges of second degree murder.

A wrongful death case can be pursued by the family of Sarah Ludemann against Rachel Wade. The civil case may be covered by a homeowner's insurance policy. In Florida, most homeowner's insurance policies do not cover intentional violent acts of this nature. It could be argued that Rachel Wade did not mean to fatally stab Sarah Ludemann but only wanted to scare her or try to defend herself with the knife. Yes, it may be a difficult argument to make; nevertheless, there may be an element of negligence to this matter as to how the stabbing took place.

You can read more about this story at Florida Teenage Girl Stabbed to Death n Fight Over Boyfriend.

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Posted In: Crimes Against Children , Homeowner's Insurance / Injuries at a Home , Violent Crimes , Wrongful Death

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The St. Petersburg (Florida) Police Department has reported that an arrest has been made in the shooting death of Paris Whitehead-Hamilton. Paris, who was 8 years old at the time of her death, was the unfortunate victim of a shooting. At the time of the shooting, Paris was sleeping in her home. Stephan Harper has been charged with first degree murder for firing a semi automatic weapon into Paris' home. News reports indicate that there may also have been others involved in this crime. The shooting resulting from an ongoing disagreement or feud with one of the adult occupants of the home. Further investigation through detectives discovered three assault weapons and two shotguns believed to be used to commit this crime.

You can read more about this article at Man Charged in Death of Girl Gunned Down in Her Home in St. Petersburg, Florida. <

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Posted In: Child Safety , Crimes Against Children , Gun & Firearm Safety and Injuries , Homeowner's Insurance / Injuries at a Home , Violent Crimes , Wrongful Death

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A news story recently reported that a toddler suffered a head injury on a treadmill at a home in Coral Springs (Broward County), Florida. The Coral Springs Fire Department responded to the scene. There were not many details available regarding the incident except that the child was 17 months old and the incident took place at 900 block of Northwest 114th Avenue in Coral Springs.

This story does illustrate the importance of safety in homes, schools, day care centers, playgrounds, and other areas involving children. Parents and caregivers should do their best to safeguard their homes and view common items like furniture, exercise machines (treadmills) and other items as potential areas of danger to children. No all personal injuries to children can be avoided. This treadmill incident may have been just an unfortunate occurrence. Many other incidents, however, can be avoided with safety precautions and diligent supervision by parents, caregivers, teachers, day care workers, and others charged with the responsibility of caring for children.

You can read about the news story at Toddler Injured in Home Treadmill in Coral Springs, Florida (Broward County).

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Homeowner's Insurance / Injuries at a Home , Playground & Recreation Injuries

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In Columbia County (Lake City) Florida, residents and visitors are subject to the Code of Ordinances of Columbia County, Florida. Pursuant to Chapter 18 - Animals - Article III - Animal Control - Section 18-784 - Animal Restraint, a dog owner has a duty to confine the dog to the property owned by the dog owner. When the dog is outside of the property owned by the owner, the dog owner had a duty to keep the dog under proper restraint and control. Under the Ordinance, restraint is defined as
controlled by a leash OR under the control of a competent person and obedient to the person's commands. Based on the language of the Ordinance, it does not appear that there is a strict dog leash policy if the dog is obedient to the owner's commands. Other County ordinances are more clear as to the necessity and requirement for dog leashes when the dog of off the owner's property.

You can read more about the Columbia County (Lake City) Florida dog leash provisions and other sections pertaining the Animals at the Code of Ordinances for Columbia County, Florida.

If a child is bitten by a dog (on or off a leash), the dog owner, under Florida Law, is responsible for the damages caused by the dog bite including but not limited to medical bills (past and future), pain and suffering, and loss of enjoyment of life. If you have a question about a Florida dog bite and the related personal injuries to a child, it is important to have the advice, counsel, and legal representation of a Florida Child Injury Lawyer.

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Posted In: Child Safety , Dogs / Dog Bites / Animals / Pets , Homeowner's Insurance / Injuries at a Home , Statutory References (Florida)

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Children in Florida drown every year both inside the home and outside the home in swimming pools, lakes, canals, community pools, rivers, oceans and other waterways. Water safety is important for all children especially infants, toddlers, and young children. Many people do not realize that a child can drown in as little of an inch or less of water. As such, anything that hold water of any amount including buckets, bathtubs, pools, and puddles can present a real drowning risk for a child. Children are at risk for drowning in pools. In addition, the bathroom and kitchen can be dangerous areas as well for the child. Any place where there is water or a water source can be a danger for a child. Close supervision and protective barriers like baby gates and fences are vital for the safety of children.

You can read more safety tips to prevent serious personal injuries as well as deaths from drownings at Drowning Prevention in the Household.

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Posted In: Child Safety , Homeowner's Insurance / Injuries at a Home , Swimming Pool & Aquatic Injuries

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Jason Gilmore, age 11, was the victim of an accidental shooting in Lake Worth, Florida. Jason and some friends were playing with a Glock 40 handgun that discharged. Another boy, age 9, was holding the gun when it fired. There were give other children and an 18 year old present when the incident took place in a home. The Glock 40 was actually a stolen weapon. The children apparently found the laser on the gun to be interesting and fun to play with.

The Glock 40 was obviously no toy at all. In the hands of anybody especially children, the Glock 40 is a deadly weapon.

Parental supervision along with the proper storage and locking of the gun may have prevented this tragedy from happening. The death of a child from an accidental shooting is a great loss for the family, child's school, neighborhood, and community. You can read more about this story at 11 Year Old Accidentally Shot by 9 Year Old in Lake Worth, Florida.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Gun & Firearm Safety and Injuries , Homeowner's Insurance / Injuries at a Home , Wrongful Death

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Jan Willem Koks, age 24, was arrested and jailed in Lee County (Bonita Springs) Florida recently with a charge of cruelty toward a child. According to the Lee County Sheriff's Office arrest report, the 2 month old child was taken to the hospital 17 hours after observation of a visible injury. When the parents were at the hospital, there was no explanation for how the injury occurred. A cold or flu can take place for unexplained reasons. Typically, there is a reason or explanation for a fractured leg on such a young child. The fracture to the right leg, bruising in the area of the fracture, delay in treatment, delay in reporting, and other factors led the hospital to report this matter to the police and led the police to an arrest. Under Florida law, Mr. Koks will have the right to an attorney and a trial if necessary. Hopefully, additional information will be obtained through the investigation that will help explain how this child was hurt. The Florida Department of Children and Families put the child into sheltered care pending the investigation. In many instances, the child will be placed in the care of extended family with orders in place as to no contact or supervised contact from the parents. You can read more about the story at 2 Month Old Shows Up at Lee County Hospital with Leg Fracture.

Unfortunately, children suffer personal injuries and even death in Florida schools, day care centers, neighbor's homes, playgrounds, malls, theme parks, and, yes, even there own homes every day. Injuries inflicted due to abuse, neglect, or negligence should be investigated by the police, Department of Children and Families, and / or a Florida Child Injury Lawyer. Children should be protected (not harmed) and given the best care and supervision by parents, family, caregivers, teachers, friends, and neighbors at all times.

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Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Homeowner's Insurance / Injuries at a Home , Medical Care & Health Issues

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The Associated Press reported that a Volusia County 17 year old was doused with gasoline and severely burned at a bonfire. The brief news story reported that it was an accident. Bonfires take place at various functions in Florida and other places. Once the bonfire is set, it is important for the bonfire to be properly monitored and supervised so that nobody is injured or burned from the bonfire or any of the materials that go in or come out of a bonfire. You can read about this story at Volusia County, Florida Teenager Burned After Being Doused with Gasoline.

The burn injuries of this Volusia County teen raises many questions that would play a part in the legal responsibility for the burn related injuries and related medical expenses in bills. In particular, as a Florida child injury lawyer, the following legal questions / issues come to mind:

Who was the owner of the property where the bonfire took place?

Who set up the bonfire?

Who was responsible for the monitoring of the bonfire once it was set?

Who was monitoring the bonfire at the time of the incident?

How did the incident take place?

What was the response to the injury?

What first aid was available?

Hopefully, the teenager will receive top level medical care to attend to the burns that she sustained as a result of being doused with gasoline. Cases involving scarring are particularly troublesome for child as the injuries can last a lifetime and can sometimes affect dating, social interaction, high school, college, and employment.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Homeowner's Insurance / Injuries at a Home , Medical Care & Health Issues , Playground & Recreation Injuries

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Florida children are the unfortunate victims of dog bites. Florida children get bit by stray dogs, neighbor's dogs, guard dogs, and, yes, their own dogs as well. I typically tell my children and others that dogs can be unpredictable animals. No matter how much you love the dog - the dog still may have a propensity to bite for good reason for no reason at all. That is why the State of Florida makes dog bites a strict liability injury. In other words, a person does not have to show that the dog was dangerous or previously bit a person. There is no one free bite rule in the State of Florida. Barring limited exceptions, a dog owner is liable for a dog bite.

A 6 year old Deltona, Florida boy was the unfortunate victim of getting bit by his family's dog. In this case the dog was a Rottweiler which is a breed that has a reputation for frequent dog bites. Nevertheless, the dog was the family dog and is an incident that can happen in any household with any dog. This story was reported by the Daytona Beach News Journal and the Associated Press at Boy Attacked by Family Dog in Deltona Florida.

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Posted In: Dogs / Dog Bites / Animals / Pets , Homeowner's Insurance / Injuries at a Home

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Florida enjoys the reputation of being a tourist destination with warm weather and fun theme parks like Disney World, Universal Studios and Busch Gardens. Unfortunately, Florida also has the distinction of being the number one State in the United States for drownings. The United States Consumer Product Safety Commission ranks Florida as the number one State for infant drowning deaths. It is interesting and tragic to note that drowning is the second leading cause of death in children under the age of 14. In many drowning death and injury cases, the incidents are avoidable with better safety precautions and supervision. Barriers like pool fences and screen enclosures can help prevent many of child injuries and wrongful deaths due to drownings but parents and homeowners should not completely rely on these safety devices. Supervision is also important anytime children are playing in or near a pool area. You can read more about

You can read more about the problems and dangers of drownings and Florida and other States at Florida Has Number One Ranking in Swimming Pool Drownings.

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Posted In: Attractive Nuisances , Homeowner's Insurance / Injuries at a Home , Swimming Pool & Aquatic Injuries , Wrongful Death

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Jacksonville, Florida was the unfortunate location of headlines lately for the arrest of Jonpaul Anthony Harms (age 20) for the beating death of an infant. According to the Associated Press and Florida Times Union newspaper, Mr. Harms hit his girlfriend's infant twice with his fist because the child would not stop crying. An autopsy of the child indicated that blunt force trauma was the cause of death of the child.

Child, especially infants, will cry periodically. Why does a child cry? It could be because the child is hungry, thirsty, hot, cold, not feeling well, scared, sleepy, and a number of other reasons. Beating, punching, hitting, pushing or harming the child in any manner is no solution for a crying child. It is a crime. You can read more about the arrest of Jonpaul Anthony Harms at 20 Year Old Arrested in Jacksonville Infant Beating Death.

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Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Homeowner's Insurance / Injuries at a Home , Violent Crimes , Wrongful Death

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Colton Hutchinson, age 14, was accidentally shot to death in the friend's home in Cape Coral, Florida. The father (David Casman) of the child, who discharged the weapon, was charged with culpable negligence for failure to secure a loaded gun. The .38 caliber gun apparently was not secured to keep it out the hands of curious and careless teenagers who some times lack the good judgment and experience to hand fire arms / guns. Many children and adults for that matter suffer serious personal injuries and deaths from accidental shootings every year. Many of these instances take place when a child get his or her hands on a gun that belongs to a parent but is not properly locked up or otherwise secured to be out of the reach of children.

This tragic wrongful certainly takes a toll on both families involved as well as the community as a whole. It also illustrates the importance of securing all firearms and guns away from children. A few moments and a few dollars used to properly secure a home can literally safe the life of a child or an adult who is the unfortunate victim of an accidental shooting.

You can read more about this story at Memorial Fund Set Up for Child Accidentally Killed by Gun in Friend's Cape Coral Home.

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Posted In: Child Safety , Gun & Firearm Safety and Injuries , Homeowner's Insurance / Injuries at a Home , Wrongful Death

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A Volusia County, Florida teenager (Jamie Gibson) died recently in a home near New Smyrna Beach, Florida where he had been spending the night. Reports indicate that Jamie and two friends drank vodka mixed with ginger ale. According to the friends, Jamie drank most of the vodka. Jamie woke up at approximately 3:00 a.m., vomited, ate some bread and then went back to bed. Jamie was later found unresponsive by the friend who woke up an adult for assistance. Jamie was taken to Bert Fish Medical Center in New Smyrna Beach, Florida where he was pronounced dead.

Autopsy results of pending. It appears that alcohol may have played a role in the death of the teenager. There are good reasons for a drinking age of 21 in the State of Florida. Despite the law being in place, there are still ways for teenagers to get their hands on alcohol. Unfortunately when you combine alcohol, teenagers, and a lack of supervision for the consequences, it can be a deadly result. Teenagers, young adults, and even older adults for that matter often lack the judgment with alcohol to know when "enough is enough". Police will investigate how Jamie got his hands on the alcohol. Apparently, Jamie brought the alcohol to the house in a water bottle.

Parents and other adults should do their best to discourage and prevent teen drinking. There will be occasions and incidents where teens will drink no matter the circumstances. This should not, however, deter parents, family friends, and others from taking action to stop or curb the dangerous effects of teen drinking. The danger of teen drinking is not just on the roads but it is in the home as well. You can read more about the death of Jamie Gibson and the ongoing investigation at Law Enforcement Authorities Investigating Death of 17 Year Old in Volusia County Florida.

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Posted In: Alcohol & Drug Issues , Homeowner's Insurance / Injuries at a Home , Medical Care & Health Issues , Wrongful Death

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The death of a child is an unnatural event for any parent or caregiver. A parent should not have to plan for or deal with the death of any children whether the death is due to an illness, medical condition, natural disaster, medical malpractice, or negligence of a driver, person or business. Parents typically do not out live their children. Unfortunately, for many families in Florida and other States, a parent must arrange for the funeral of a child. In addition to the stress and sorrow, there are costs involved with the funeral and final arrangements for a child. I found a helpful web site that covers topics of costs for a funeral as the costs can be quite high and burdensome for families. In addition, especially when dealing with the sudden, unexpected death of a child, the family has had no opportunity to plan, financially or otherwise, for the death of a children. Whether you are a parent dealing with a funeral for a child or other family member or you are a close relative or family friend trying to help someone going through this ordeal, you may find helpful advice at http://yourfuneralguy.wordpress.com/about.

Some automobile insurance policies pay out a death benefit when a person dies as a result of an automobile accident. There are other types of insurance policies that also provide similar benefits. Dealing with the grief and sorrow of the death of a child is certainly difficult. When there are unexpected and high costs involved, it only worsens the situation. As such, it is important to get some help from family, friends, advisors, and, in some cases, attorneys / lawyers when dealing with all of the demands, stresses, and problems associated with the death of a child.

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Posted In: Automobile Insurance , Homeowner's Insurance / Injuries at a Home , Wrongful Death

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A nine year old Orange County Florida boy was recently bit by a pit bull and bull dog mix dog in the Southchase neighborhood. The boy had been playing with some darts when one fell into the neighbor's yard. The boy opened the gate where the dog was kept and then got scared and started to run. The dog then took chase and bit the boy in the face. The boy was later treated at Arnold Palmer Children's Hospital in Orlando, Florida. Arnold Palmer Children's Hospital and other children's hospitals in Florida treat thousands of child dog bite injuries every year. Due to complications that may result from dog bites in the form of excessive bleeding, infection, and scarring, it is important for parents and caregivers to get immediate medical attention for dog bite injuries to Florida children. You can read more about this dog bite story at Orange County, Florida Nine Year Old Bitten in Face By Dog.

The above dog bite incident illustrates a couple key points when evaluating a dog bite incident. It is important for children to remain calm when faced with a situation with a dog. Personally, I was bitten in a leg by a neighbor's German Shepherd when I got scared and started to run. Running was a big mistake on my part but I was just a kid and did not know any better. Was the boy welcomed at the neighbor's house or was he trespassing? Did the neighbor have Beware of Dog signs posted?

In Florida, a dog owner is responsible for injuries caused by a dog bite even if the dog had not bitten a person in the past. There are some exceptions for trespassers. The nine year boy above may have been considered a trespasser if he had not been given permission to open the gate or to step on the property of the neighbor. If the neighbor had given express or implied permission for the child to be on the property then the child may not be considered to be a trespasser.

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Posted In: Child Safety , Dogs / Dog Bites / Animals / Pets , Homeowner's Insurance / Injuries at a Home

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The foster care system in Florida is in place to provide children (who have been abused or who are at risk for abuse) a safe haven. The State of Florida relocates children to a foster parent, who may or may not be related, for temporary short term as well as long term placement. Unfortunately, many foster children are abused, neglected, and seriously injured while under the care of a foster parent. Norma Jean Dillard, of Lakeland, Florida, recently pleaded no contest to charges of child abuse. Apparently, in 2006, a 3 month old child (Jayden Moreno) suffered two skull fractured while under her care. The child was removed from the mother's care when she was arrested on marijuana and cocaine charges in Sebring, Florida. News reports were not clear on how the fractures occurred. Infants, who receive good and attentive care, usually are not taken to the hospital with skull fractures. The evidence was strong enough to convince Ms. Dillard to take a plea deal on the case. You can read the news report about this criminal case at Child Abuse Suspect in Florida Gets 15 Years Probation for Skull Fractures.

It is vital that parents, foster parents, day care providers, teachers, medical providers, and other care givers of children properly supervise and protect children (especially small children, toddlers, and infants) from abuse, neglect, and serious personal injuries.

When there is a report or incident of abuse, the State of Florida Department of Children and Families has a duty to investigate. In addition, law enforcement, the State Attorney's office, and private attorneys are also involved in the matter. Personal injury attorneys frequently represent the interest of the child when the abuse or neglect results from negligence and / or the failure to properly supervise the child in a school, day care / child care program, neighbor's house, friend's house, and, even, a relative's house. If there is a serious personal injury involving a child, it is important to consult with a Florida personal injury lawyer / attorney to make sure that the rights of the injured child are enforced.

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Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Day Care Centers and Child Care , Education , Homeowner's Insurance / Injuries at a Home , Medical Care & Health Issues , School Safety , Violent Crimes

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It is well known that Florida children, especially those under the age of 5, lack the knowledge and judgment about the dangers of poisons which are part of many common household products. The ingestion of poison can result in serious child personal injuries and, in some instances, death in Florida. For day care / child care centers, homes, and other locations where children are located, it is important to keep poisons out of reach and locked up when necessary. Prevention and supervision are key factors to reducing the incidents of poisoning. When an incident takes place, it is important for child care personnel, teachers, caregivers, and supervisors of children to take immediate action. Training in the area of poison control and response are also very important to the safety, health, and well being of Florida children. The American Association of Poison Control Centers has a great web site at http://www.aapcc.org/DNN/ . You can read about local poison control centers, poison prevention, first aid, and many other important topics. A day care center, child care center, school, neighbor, camp, health care provider, business, government entity, and others may be held liable for injuries or death caused by the accidental or negligent poisoning leading to injuries and / or death to a Florida child.

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Posted In: Alcohol & Drug Issues , Child Safety , Day Care Centers and Child Care , Education , Homeowner's Insurance / Injuries at a Home , Medical Care & Health Issues , School Safety , Wrongful Death

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A landowner, business or homeowner, may be held liable in Florida for injuries to children on the property if the injury is caused by a hazardous or dangerous condition that is likely to attract or interest children who are unable to appreciate the risk posed by the object or condition. In Florida, children under the age of 6 cannot as a matter of law be considered negligence. Children over the age of 6 can be considered negligent in part for their own injuries. Cases of attractive nuisance may involve piles of lumbar or sand, abandoned cars, trampolines, swimming pools, electrical transformers, wells, and irrigation equipment. Florida cities from Miami to Jacksonville to Pensacola all have weather that permit a child to play outside year round. Child are curious and will play in just about any area. A dirty and dangerous area to an adult is viewed as something quite different to a child. Typically, businesses, government, and homeowners have liability insurance that cover injuries to children caused by an attractive nuisance.

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Posted In: Attractive Nuisances , Child Safety , Day Care Centers and Child Care , Homeowner's Insurance / Injuries at a Home , Playground & Recreation Injuries , Special Needs Children , Sport Related Injuries , Wrongful Death

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Florida children are at high risks for drowning and other pool related injuries when at home or visiting a friend's home. To protect children of all ages in Jacksonville and other Florida cities, the legislature enacted the Residential Swimming Pool Safety Act. Chapter 515, Florida Statutes requires that a homeowner have a barrier at least 4 feet high on the outside without any gaps that could allow a child to crawl or squeeze through. The barrier needs to be placed around the barrier of the pool. These barriers are not only for the protection of children in the house but also for the protection of visitors to the home. Even if a homeowner does not have any children or visitors who are children, the barrier is required. You can read more about the act by going to the official site forFlorida Statutes - Chapter 515.

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Posted In: Attractive Nuisances , Homeowner's Insurance / Injuries at a Home , Statutory References (Florida) , Swimming Pool & Aquatic Injuries

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Children suffer serious personal injuries and, at times, death as a result of dog bites every year in the State of Florida. I located a very informative website called www.dogsbites.org which is a education web site about dog bites and the dangers of certain breeds of dogs in the United States. The site has a good deal of information of the dangers of Pit Bulls, Chow Chows, Rottweilers, and Wolf Hybrid breeds. There is a public debate on the issue of dangerous dogs created by breed, environment, or a combination of the two. dogsBites.Org and many other safety advocates recommend a ban on certain breeds including Pit Bulls.

dogsbites.org reports that dog bites can be very traumatic for children. Due to the short height of most children, facial wounds and injuries are very common. For serious dog bite incident, multiple surgeries may be necessary which may include several skin grafts and reconstructive surgery.

According to the Center for Disease Control, injuries from dog bites include puncture wounds, lacerations, contusion wounds, fractures, amputations, and complications due to infection.

Visit dogsbite.org and educate yourself about various dog breeds, tragedies that have taken place nationwide, and safety measures to take to protect your family and children.

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Posted In: Child Safety , Dogs / Dog Bites / Animals / Pets , Homeowner's Insurance / Injuries at a Home , Medical Care & Health Issues , Wrongful Death

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Florida homeowners are not required to maintain liability insurance coverage for trampolines. It is up to each homeowner to decide whether or not to have coverage in place. Typically, a bank or mortgage company will require that a homeowner have general homeowner's insurance coverage in place to secure the mortgage. This does not necessarily mean that there will be coverage for the trampoline. Each case and policy for that matter should be evaluated by Florida Personal Injury Attorney in order to be advised of your legal rights and options.

Insurance coverage for trampoline is not even mandated when you run a business or charge a fee for use. The applicable statutory provisions are part of Chapter 546, Florida Statutes.

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Posted In: Child Safety , Homeowner's Insurance / Injuries at a Home , Statutory References (Florida)

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Florida homeowner's insurance may cover the injuries, medical bills, and associated pain and suffering. Some policies exclude trampoline injuries. It is important to review the policy to determine if trampoline injuries would be covered. If you have a trampoline, you should call your insurance company or agent to determine if there is coverage for trampoline injuries.

If your child has been injured on a trampoline, you may be able to recover compensation for these injuries. Homeowner's insurance policies typically have $100,000 or more in personal injury coverage for injuries occurring in or outside a home. Trampoline injuries often occur when children are not supervised by parents. In addition, some trampoline injuries occur when safety measures are not put in place or the trampoline falls into disrepair. A few years ago, I lived next door to a family who had a trampoline. This trampoline literally started to fall apart to the point that it missing one of the legs to the base. I contacted the neighbor and personally assisted the neighbor in dismantling the trampoline. I did not want her kids or my kids injured by such a danger.

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Posted In: Homeowner's Insurance / Injuries at a Home

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The Centers for Disease Control and Prevention that over 4 million people are bitten by dogs every year in Florida and the rest of the United States. Of these dog bite incidents about 800,000 require medical attention. Since over half of dog bites occur on the owner's property, homeowners and homeowner's insurance carriers need to address or deal with the vast number of claims and lawsuits that result from dog bite incidents. In Florida, a dog owner is strictly liable for the injuries resulting from a dog bite. There are some rare exceptions to this rule, but, generally, the dog owner is liable. It is important for all dog owners to check with their homeowner's insurance carriers / companies to make sure that there is coverage under the policy for dog bites. I was recently contacted by the father of a young girl who was bitten by a dog. The "good news" was that the dog owner had homeowner's insurance coverage. The "bad news" was that there was a dog bite exclusion. In other words, the insurance policy had an exclusion or exception for dog bites. As such, there was no liability insurance in place for dog bites. If you or your child has been bitten by a dog, it is important to retain a Florida Child Injury Lawyer to determine the legal options, coverages / exclusions under the homeowner's liability insurance policy, and other legal issues.

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Posted In: Dogs / Dog Bites / Animals / Pets , Homeowner's Insurance / Injuries at a Home

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The Florida Times Union Newspaper and the Palm Beach Post Newspaper have reported that a 16 year old West Palm Beach teen shot himself accidentally while talking on the phone. The name of the teen was not released but it appears that he was playing with the gun when it went off. He was found dead at his home. It is truly a sad story. First, a 16 year old should not have a gun or access to the gun. Second, anyone who is handling a gun should be fully concentrating on the responsibility and dangers of handling a gun. As such, it is never a good idea to talk on the phone, watch television, or do any other type of activity that distracts you from the dangers of a gun. Many children die or are serious injured every year as a result of accidental shooting incidents. Keep guns locked up at all times. Keep guns away from children. Do your best to teach your children of the dangers of guns for their safety, protection and welfare.

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Posted In: Child Safety , Gun & Firearm Safety and Injuries , Homeowner's Insurance / Injuries at a Home

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The American Academy of Pediatrics released a report that advises parents of young children of the hazards of owning exotic animals like baby chicks, lizards, hamsters, and other animals. Young children are at risk for infection and disease because of their developing immune systems and the frequency in which children put their fingers in their mouths. The report advises parents of children younger than 5 from owning these kind of pets. You can read more about this report at Doctors: No hamsters or exotic pets for young kids.

While the report does not recommend that families get rid of the family dog or cat, injuries do occur with domestic animals. Even the most tame of dogs is still an animal and will, at times, bite when provoked or even when unprovoked. A dog bite injury can have a devastating impact on a child who, because of the dog bite injury, may need the services of an emergency medicine doctor, neurologist, infectious disease expert, and / or a plastic surgey.

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Posted In: Dogs / Dog Bites / Animals / Pets , Homeowner's Insurance / Injuries at a Home , Medical Care & Health Issues

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A Pit Bull in Orange County, Florida near Apopka critically injured a 6 year old boy. The boy was playing with the neighbor's dog when the incident took place. The injuries were so severe that the boy was rushed to Orlando Regional Medical Center via medical helicopter. The Orange County Animal Services department will quarantine the dog for 10 days and complete an investigation.

Pit Bulls are frequently mentioned in news reports as "fighting dogs" and as "dangerous dogs". The United States Center for Disease Control and Prevention conducted a study and determined the Pit Bulls are the breeds of dog most often involved with fatal dog attacks. Based on these statistics and general concern for the safety and well being of children as well as adults, many local government entities have banned Pit Bulls as a breed. You can read more about Pit Bulls and their breeds, attacks, and banning atPit Bull - A Comprehensive Analysis.

Florida law makes a dog owner liable for any injuries caused by the dog even if the dog had no prior dog bites, propensities, or indications for aggression or violence.

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Posted In: Dogs / Dog Bites / Animals / Pets , Homeowner's Insurance / Injuries at a Home

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Approximately 2.5 million children are injured or killed by hazards in the home every year. Many of these injuries can be prevented with safety measures and devices. The Consumer Protection Safety Commission provides helpful tips on safeguarding the home including:

1. Use safety latches and locks;
2. Use safety gates;
3. Use door knob covers and door locks;
4. Use anti-scald devices for faucets and shower heads;
5. Use smoke detectors;
6. Use window guards and safety netting;
7. User corner and edge bumpers to prevent injuries;
8. Use outlet covers and outlet plates;
9. Use carbon monoxide detector outside bedrooms;
10. Cut window blind cords - use safety tassels and inner cord stops.

You read the details of these safety recommendations at Childproofing Your Home - 12 Safety Devices to Protect Your Children.

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Posted In: Child Safety , Homeowner's Insurance / Injuries at a Home

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Every year, thousands of children suffer serious injuries from burns in Florida and the rest of the United States. Children under the age of 4 are at the greatest risk for injury and have a higher incidence of death as compared to other age groups. Burns are among the most painful injuries that a child can sustain. Treatments are available for burn type injuries but the serious burns often result in permanent, painful injuries. You can read more about burn injuries at at helpful site called www.preventinjury.org -Burn Injuries.

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Posted In: Attractive Nuisances , Child Safety , Homeowner's Insurance / Injuries at a Home

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High school athletes in Florida are often times pushed to the limit and even pushed beyond their limits. As a result thereof, injuries (sometimes permanent injuries) occur that could have otherwise been avoidable. While high school coaches and student athletes should be dedicated to the chosen sport, the overall safety and health of the student athlete should be priority over the focus of conditioning and competition. The Miami Herald posted a good article on the issue ofOveruse injuries: When high school athletes play too much in Florida Schools.

Parents should pay close attention to children who participate in sports programs in high school, middle school, pop warner, baseball, soccer, football, and other leagues. While coaches are trained and most undergo a background check, the coach does not always know best or do the best thing for the children. The majority of coaches out there are volunteers and truly have the best interests and safety of the children at heart. Others coaches, unfortunately, put all the focus on competition and winning at the expense of the child's health, safety and well being.

Depending on the facts of the case, a Florida Child Injury Lawyer will represent an injured student athlete when the injury results from the negligence of a coach, volunteer or even another student athlete. The most important time to take action is before the injury occurs. Be proactive for the safety, well being, and health of the student athlete.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Homeowner's Insurance / Injuries at a Home , Playground & Recreation Injuries , Sport Related Injuries

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Simple household and sporting equipment / objects can be deadly in certain circumstances. In Holly, Michigan, a 7 year old boy after he was accidentally hit by a friend with a child sized golf club. The children were playing in or near the garage the other boy's father was doing yard work. The injured child was taken to Genesys Regional Medical Center in Grand Banc where the child died. See Blow to Head With Child-Sized Golf Club Kills Boy, 7, in Michigan.

I have a set of child golf clubs and bats in my garage. I do my best to supervise my children when they are playing baseball, whiffle ball and other sports. Teaching children to stay a safe distance away from a bat (even in a whiffle ball game) is important. Incidents like the one that happened in Holly, Michigan are tragedies but also teaching tools that the all parents and those who supervise children should pay close attention to in supervising and instructing children on safe play.

While a death of this nature is not an everyday event, injuries from common household objects and sporting equipment combined with the negligence of others (yes, that can include the negligence of another child and / or parent) do happen everyday. These type of injuries may warrant a claim against a homeowner's insurance policy depending on the facts and circumstances. As a Florida child injury lawyer and parent, I am sensitive and quite aware of these type of incidents and all of the legal, moral, and practical issues that go along with these cases.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Homeowner's Insurance / Injuries at a Home , Playground & Recreation Injuries , Sport Related Injuries , Wrongful Death

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Every year 36,000 injuries and some deaths result from bunk bed incidents and accidents. A recent study was conducted by the Research Institute at Nationwide Children's Hospital in Columbus, Ohio. Experts do not recommend bunk beds for any children under 6 years old. In addition, experts discourage parents from purchasing used bunk beds unless you know that the used bunk bed meets safety standards. Any parent who has a bunk bed in the house should set down the rules for the children and their friends. Even bunk beds that meet safety standards can be the site of an injury for children who are playing and not being careful. A child is not Superman, Spiderman, or Wonder Woman when playing in a bunk bed. As such, the child needs to be careful since the bunk bed is elevated at a level that can cause seriously personal injuries if there is a fall. You can read more about this topic at Bunk Bed Safety for Kids.

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Posted In: Child Safety , Homeowner's Insurance / Injuries at a Home , Wrongful Death

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Can a grandparent or other relative be sued for negligence when a Florida child is injured? The simple answer to this question is "Yes". Florida does not provide immunity to grandparents and other relatives when a child is injured or dies as a result of the negligence of a grandparent or other relative. I have been involved in cases where a grandparent or other relative was negligence and this, in turn, caused personal injury or death to the child. As a Florida child injury lawyer / attorney, these cases are especially difficult to handle from an emotional, social and legal standpoint. Grandparents and other relatives not only suffer the guilt of causing such an injury but are also exposed to civil liability for the resulting pain, suffering, mental anguish, and economic expenses (medical and funeral bills) associated with the injury or death. I do not believe that immunity should be granted to relatives as all persons involved with the care and supervision of a child should be held to the same standard. The fact that a person is related to the child should not excuse negligent conduct leading to serious personal injury or death of a Florida child.

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Posted In: Automobile Accidents , Automobile Insurance , Bicycle Injuries , Boating Accidents , Homeowner's Insurance / Injuries at a Home , Motorcycle Accidents , Pedestrian Injuries , Swimming Pool & Aquatic Injuries , Trucking Accidents , Wrongful Death

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There are over 100,000 incidents of eye injury in the United States every year. According to the University of Michigan - Kellogg Eye Center - over 90 % of all eye injuries are preventable with better safety measures and supervision. Over half of victims of eye injuries are under the age of 25. Parents and caregivers can set a good example for children by wearing protective eye wear when using power tools, lawn mowers, and other tools that may cause an eye injury. In addition, the following safety tips should be followed for children:

Select games or toys that are age appropriate;
Do not allow children to ignite or stand near fireworks;
Keep children a safe distance from lawn mowers (stones and other debris are subject to being thrown out by moving blades and parts);
Keep chemicals and other harmful sprays and liquids away from children; and
Safeguard the home from protruding objects that could poke or injure an eye.

You can read the full article from the University of Michigan - Kellogg Eye Center at Eye Injuries - Preventing Eye Injuries - Eye Safety at Home - Eye Safety at School - Eye Safety During Sports.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Homeowner's Insurance / Injuries at a Home , Medical Care & Health Issues

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ATV (All Terrain Vehicle) accidents and injuries to children are preventable in Florida and elsewhere. Injuries from ATV accidents include fractures, abrasions, lacerations, head trauma, and in some instances death. The Daily Mail, a New York based website, reported that " a recently released government report indicates that 555 Americans — including more than 100 youth — died from injuries sustained in all-terrain vehicle accidents nationwide last year. The Consumer Product Safety Commission further revealed that an additional 146,600 people received emergency room treatment for ATV-related injuries in 2006 (the most recent year numbers are available for).

The report also noted the top 10 states for ATV fatalities between 1982 and 2006. In order, they are Pennsylvania, 420; California, 418; West Virginia, 398; Texas, 386; Kentucky, 367; <strong>Florida, 349; Tennessee, 322; New York, 303; North Carolina, 297; and Michigan, 296."

The Daily Mall posted a good article on the use and dangers of ATV at ATV Accidents Are Preventable.

Injuries caused by ATVs are often times covered by homeowner's insurance of the owner of the ATV. If your child is injured on the ATV of another person, contact a Florida child injury lawyer / attorney for advice, consultation, and representation.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: All Terrain Vehicles (ATVs) , Homeowner's Insurance / Injuries at a Home , Wrongful Death

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Thousands of children are injured every year in Florida homes. Many children are injured while visiting a friend or neighbor. Who is liable when a child is injured at the Florida home of a neighbor or friend? Homeowners have a duty to provide a reasonably safe environment for children invited to the property or who are known to visit the property. If a homeowner has a child over, the homeowner has a duty to remove hazards and dangerous conditions. In addition, depending on the age and maturity of the child, the homeowner has a duty to supervise the child. There is no Florida law granting immunity to a homeowner, friend, or even a relative who has a child inside or outside of the home.

Mortgage companies typically require that a homeowner have homeowner's insurance in place. Most homeowner's have a mortgage. As such, most homeowner's have insurance in place that will typically cover accident or negligent related injuries. Even though there is coverage in place, a homeowner's insurance claims adjuster will still investigate the claim to determine if a challenge is in order as to the liability or damage issues of the claim. Insurance adjusters are trained professionals and because of this - it is important to have an experienced Florida child injury lawyer in place to protect and enforce the rights of the injured child.

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Posted In: Attractive Nuisances , Homeowner's Insurance / Injuries at a Home

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Florida has a specific statute in place that deals with liability for injuries to trespassers. The liability of the land owner or the property owner would depend on the injured person's status as well as the conduct of the land owner or property owner. The statute does not absolutely bar liability for injuries to a trespasser but definitely puts protections in p;lace for the land owner and the property owner. You can read the statute at Section 768.075 Florida Statutes - Immunity from liability for injury to trespassers on real property

Due to the confusing nature of the statute and other applicable laws, it helpful to have the advice, counsel, and representation of a Florida child injury lawyer in premises liability matters. As basic advice for property owners, it makes sense for property owners to have signs posted, fences in place, and dangerous conditions removed from the property. As basic advice for parents and guardians, it makes sense to keep children away from unknown areas, to advise children to stay away from areas that are unsafe, to advise children to stay away from areas that they do not belong or are not invited, and to otherwise keep children safe.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Homeowner's Insurance / Injuries at a Home , Negligent Security , Playground & Recreation Injuries , Statutory References (Florida)

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Florida has specific laws in place as to dog bites. Whether a dog is small, medium, or large, the dog owner is liable for dog bite and related injuries. It does not matter if the dog had been the most gentle dog in the world prior to the bite or attack. The dog owner is generally liable. In most instances, the Florida dog bite injuries are insured under homeowner's insurance. Some companies have a dog bite exclusion in the policy. As such, all dog owners should review their homeowner's insurance policy with their insurance agent to make sure that there is coverage. If your homeowner's insurance company does not want to provide dog bite coverage, you may want to consider going with another insurance company. Children should be taught to ask an adult before approaching or petting any dog.

An experienced Florida Child Injury Lawyer / Attorney can guide you through insurance policies, medical bills, medical treatment, and other legal matters involving a dog bite injury.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Dogs / Dog Bites / Animals / Pets , Homeowner's Insurance / Injuries at a Home

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Medical studies and statistics show that dog bites are a greater hazard to children than adults. Children, who lack the judgment, experience, and intuition of an adult, do not appreciate the dangers of dogs. In addition, children are smaller and more vulnerable to the reach of a dog. While some breeds seem to be more dangerous and temperamental than others like Pit Bulls, Akitas, Doberman Pinchers, German Shepards, and others, all dogs are capable of biting a child. Florida is a strict liability State for dog bite injuries to children and adults. In other words, an owner is liable for medical expenses, pain and suffering associated with a dog bite regardless of the owner's actions or inactions and regardless of the dog's breed or history / lack of history of aggression. It is important to educate your child about dogs. Show your child how to approach a dog. Ask if it is ok to pet the dog? Ask if the dog likes children? Likes to be pet? Let the dog smell your hand first. Dogs, in some ways, are like children. They can frighten easy and are uncomfortable in new settings with new people. You can more about a medical study reported in Pediatrics - The Official Publication of the American Academy of Pediatrics atAnalysis of Dog Bites in Children Under the Age of 17.

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Posted In: Child Safety , Dogs / Dog Bites / Animals / Pets , Homeowner's Insurance / Injuries at a Home

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Florida children are injured every day on Trampolines in the United States. Children use trampolines year round in warm weather cities like Jacksonville, Florida and other Southern Cities. While it is quite nice to go outside virtually every day, it also means that Florida has its fair share of trampoline injuries.

According to a 7 year study through the Hasbro Children's Hospital in Rhode Island, a majority of the injuries (over 90 %) occur at home. There were over 70,000 emergency room visits in 2002 as a result of trampoline injuries. Some injuries occur as a result of landing too hard on an ankle. Other injuries result from unsupervised "horse play" or dangerous stunts by the children.

It is important to have adult supervision with any trampoline. Children often times focus on the fun and the stunts rather than safety issues.

According to Peter Salob, an an orthopedic surgeon at Englewood Hospital, says, “The majority of trampoline injuries that we see are in the upper extremities. Most of these occur in the wrist and the elbow. The injuries include sprains, fractures and dislocations.”

Homeowner's insurance may or may not cover injuries resulting from a trampoline. The homeowner has a duty to report the fact that a trampoline is on the property so insurance rates can be adjusted properly. If you have a trampoline, you have a duty to supervise the children using it. If you have a child who has been injured on a trampoline, you should consult with a Florida child injury attorney to determine your child's rights. Not all injuries that occur on a trampoline are actionable. If the injury was caused by rough play, unsafe equipment, or other negligence, a Florida child injury lawyer may be able to recover compensation for you and your child.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Attractive Nuisances , Child Safety , Homeowner's Insurance / Injuries at a Home

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Fireworks help celebrate July 4th, New Years, and other special events. Fireworks are dangerous and have injured a great number of people in Florida and other States over time.

A study reported by the Center for Disease Control reported that injuries were caused by the firecrackers, sparklers, rockets, and other fireworks. Sparklers accounted for over half of the injuries to children under 5 years old.

Safety and parental supervision are the key factors to keeping your children safe during firework demonstrations. Precautions should be taken whether you are in a public park or at a friend's home. Here are some safety tips:

1. Stay a safe distance away form the fireworks;

2. Supervise children at all times that fireworks are being ignited;

3. Make sure that there is enough room to ignite the fireworks;

4. Have a hose ready and a First Aid kit should an injury take place;

5. Have a hose ready and available;

6. Hose down and discard all fireworks garbage and debris;

7. Make sure that all lighters are removed and safety stored away from children;

8. Do not allow children to light fireworks.

You can read more about fireworks and child injuries at Spotlight on Injuries From Fireworks.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Attractions & Theme Parks , Attractive Nuisances , Homeowner's Insurance / Injuries at a Home

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A Florida ATV (All Terrain Vehicle) crash resulted in the death of William B. Coburn, a 9 year old, from Starke (Bradford County), Florida. The driver, Nathaniel D. Ryan, age 26, was driving the ATV on private property according to a Florida Highway Patrol Spokesman. I am completing a case involving a 9 year old who fell off an ATV in North Florida. The facts are strikingly similar to the facts involving William B. Coburn. In handling these legal matters, the following issues should be addressed by the Florida Child Injury Lawyer representing the family of the injured child:

1. Who owned the ATV?

2. Did the child have the permission of his parents to ride as a passenger on the ATV?

3. What was the estimated speed of the ATV? (An accident reconstruction expert may be needed to determine speed and other aspects of the crash.)

4. Was the child wearing a helmet? (I previously posted an article regarding Florida Helmets and ATVs in February 2008.

I grew up riding an ATV on my father's plant nursery in South Florida. The terrain was flat for the most part and we did not go off the property of the nursery for any serious riding. Even on the flat surface of the nursery grounds, the ATV did flip on occasion due to speed and the design of the ATV.

Liability insurance including homeowner's insurance covers injuries and deaths related to ATV crashes. Child injury cases can be complex and it is helpful to have the advice, counsel and representation by a Florida child injury lawyer to make sure that the rights of the family and the child are protected and enforced.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: All Terrain Vehicles (ATVs) , Automobile Insurance , Child Safety , Homeowner's Insurance / Injuries at a Home , Motorcycle Accidents , Wrongful Death

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A recent Hawaii verdict for $700,000 should cause concern for schools, day care centers, churches, and other groups that take field trips within the community, the State of Florida, and abroad. Teresa Cleary, a chaperone on a cheerleading field trip, was charged with the responsibility of chaperoning and supervising the children on a trip to Hawaii. One of the students on the trip (an 18 year old) fell from a balcony to her death. There were reports of drinking prior to the incident. While an incident like this is uncommon, the verdict serves as a "wake up call" to all parents responsible for the health, safety, and welfare of children on a field trip. While it is important to have fun, see the sites, and have an education, the safety of the children is the most important thing when traveling with children. This applies to a field trip around the corner as well as trips to other countries.

The liability of a chaperone is similar to that of a teacher or neighbor watching your child. You can read more about the legal requirements for such a case in Florida by going to my article at Negligent Supervision in Florida by Teachers and Other Adults at Schools and Summer Camps: Do I have a legal case?

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Posted In: Attractions & Theme Parks , Attractive Nuisances , Automobile Accidents , Boating Accidents , Child Safety , Day Care Centers and Child Care , Education , Homeowner's Insurance / Injuries at a Home , Playground & Recreation Injuries , School Safety , Sport Related Injuries , Swimming Pool & Aquatic Injuries , Wrongful Death

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Laura Weathers, a medical doctor and Tampa Tribune writer, posted a good article on How Can I Protect My Child from Burn Injuries? Dr. Weathers pointed out that burn related injuries are ranked third (behind drownings and auto accidents) for deaths for children ages 1 to 4 according the to CDC ( Center for Disease Control). Dr. Weathers also noted that burn injuries often take place in the kitchen and bathroom. You can read more about this topic and Dr. Weathers' tips for avoiding these injuries at How Can I Protect My Child from Burn Injuries?

Diligent adult supervision can avoid most of these injuries. Parents should pay close attention to the advise in Dr. Weathers' article. In addition, caregivers, day care workers, and other adults charged with watching children should pay close attention to the advise.

After an injury takes place, it may be helpful to contact a Jacksonville Florida child injury attorney to determine your child's rights for a possible claim against a homeowner, day care center, school, and / or others.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Attractive Nuisances , Child Safety , Homeowner's Insurance / Injuries at a Home , Medical Care & Health Issues

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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.

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Posted In: Automobile Accidents , Automobile Insurance , Bicycle Injuries , Child Safety , Crimes Against Children , Funerals , Gun & Firearm Safety and Injuries , Homeowner's Insurance / Injuries at a Home , Medical Care & Health Issues , Medical Malpractice , Motorcycle Accidents , Pedestrian Injuries , Playground & Recreation Injuries , Slip & Fall Injuries , Statutory References (Florida) , Train Accident & Injuries , Trucking Accidents , Wrongful Death

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

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.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Automobile Insurance , Bicycle Injuries , Child Safety , Gun & Firearm Safety and Injuries , Homeowner's Insurance / Injuries at a Home , Motorcycle Accidents , Pedestrian Injuries , Playground & Recreation Injuries , Slip & Fall Injuries , Sport Related Injuries , Swimming Pool & Aquatic Injuries , Wrongful Death

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Florida children are injured and killed by guns. What happens if a child is negligently or purposely shot? Does Florida homeowners coverage apply? Well, in the words of many lawyers past and present, "it depends". As such, there is not clear cut answer for every case. As such it is important to hire a Jacksonville, Florida personal injury attorney to advise you and guide you through this most difficult and emotional issue.

Some child injuries and death result from crimes and others result from carelessness and negligence. It is impossible to create a complete crime free society; however it is possible to be more careful with guns, store them in a locked container, and keep the guns out of the hands of our children.

The starting place for any case of this nature is the insurance policy. Is there an exclusion for guns? Is there an exclusion for criminal acts? What is the exact language that is used?

Exclusion clauses, like an intentional or criminal act exclusion clause / or gun exclusion clause, are generally considered contrary to the fundamental protective purposes of insurance. As such, Courts will closely evaluate these clauses to make sure that there meaning is clear, concise, and understandable to an ordinary person.

In Hyrnkiw v. Allstate, 844 So.2d 739 (Fla. 5th D.C.A. 2003), the Plaintiff was shot by the son of the homeowners. The Plaintiff claimed that the homeowners were negligent in their supervision of the son and their supervision of the gun itself. The trial court ruled in favor of the homeowners insurance company (Allstate). Allstate argued that there was no insurance coverage for this incident due to an exclusion for intentional acts of the homeowners and / or their son. The Fifth District Court of Appeal agreed and ruled that there was no insurance coverage. While the homeowners could still be sued for negligence and the Plaintiff could pursue damages for his injuries, there was no insurance to cover the damages / injuries. While I do not particularly like the ruling in Hyrnkiw, I recognize and understand the rationale. Hyrnkiw does not apply to every case and every policy. As such, if you or a family member has been injured by a gun, it is important to consult with a Jacksonville Florida personal injury attorney to determine your respective rights including the applicability of homeowners insurance.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Crimes Against Children , Homeowner's Insurance / Injuries at a Home , Violent Crimes

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Crowding in cribs has been linked to baby deaths according to the Consumer Product Safety Commission. Between 2002 - 2004, 241 infants died in nursery product related deaths with about 40 % of these deaths related to cribs.

The study found that deaths related to cribs included poor fitting mattresses, modified or old cribs, and the placement of too many pillows, stuffed animals, and / or toys in the crib. For more information about this study, you can go to Cribs Crowded with Pillows and Other Soft Bedding Linked to Baby Deaths.

Whether your child is in a crib in your home, another home, hotel, or day care, it is important to carefully examine the crib and its components. Make sure that the crib is not unnecessarily loaded up with toys and pillows that can suffocate the child or otherwise harm the child. Other people caring for your child may not know about this article or the risks involved of a ordinary stuffed animal or pillow. It is important to check your child's environment for other safety hazards as well.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Homeowner's Insurance / Injuries at a Home , Wrongful Death

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BB guns and air powered rifles can cause serious personal injury and death to children. It is important that parents monitor the use of BB guns and air powered rifles in the possession or control of a minor. I personally have decided to refrain from such purposes. My kids play and argue with each other and friends all the time. I do not think that a BB gun or air powered rifle are smart purchases. The Consumer Product Safety Commission recommends that children under 16 refrain from using high velocity BB guns or pellet guns.

If a child is injured as a result of the negligent or even purposeful use of a BB gun, pellet gun, or air powered rifle - there may be an action for negligent supervision and / or negligent entrustment. Many of these cases are covered under homeowner's insurance policies. Call a Jacksonville Florida injury attorney for more information on claims of this nature.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Crimes Against Children , Homeowner's Insurance / Injuries at a Home , Violent Crimes

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Here is the full text of Florida's Dog Bite Statute:

767.04 Dog owner's liability for damages to persons bitten.--The owner of any dog that bites any person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, is liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owners' knowledge of such viciousness. However, any negligence on the part of the person bitten that is a proximate cause of the biting incident reduces the liability of the owner of the dog by the percentage that the bitten person's negligence contributed to the biting incident. A person is lawfully upon private property of such owner within the meaning of this act when the person is on such property in the performance of any duty imposed upon him or her by the laws of this state or by the laws or postal regulations of the United States, or when the person is on such property upon invitation, expressed or implied, of the owner. However, the owner is not liable, except as to a person under the age of 6, or unless the damages are proximately caused by a negligent act or omission of the owner, if at the time of any such injury the owner had displayed in a prominent place on his or her premises a sign easily readable including the words "Bad Dog." The remedy provided by this section is in addition to and cumulative with any other remedy provided by statute or common law.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Dogs / Dog Bites / Animals / Pets , Homeowner's Insurance / Injuries at a Home , Statutory References (Florida)

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