Negligent Security :: Florida Child Injury Lawyer Blog

Loss of Companionship of Child (Filial Consortium in Florida)

The parent of a Florida child can pursue a claim for pain, suffering, and loss of enjoyment of life on behalf of the child when a child is seriously injured. What about the parents injuries, losses, and damages? Can a parent collect for the loss of companionship of the child when the child is seriously injured but does not die as a result of the injuries. The answer in Florida is "Yes". The loss of companionship in Florida to a parent of an injured child is called "Filial Consortium". The logical follow up question is as follows: What period of time can a jury award the loss of Filial Consortium to a parent? The answer is "until the child reaches the age of majority" which is 18 in the State of Florida. This very issue was addressed in a Supreme Court of Florida case. In a case against the Broward County School Board, the Supreme Court determined that the damages to a parent for the loss of Filial Consortium (companionship to the parent from the child) can be awarded for a time period from the injury to the child's 18th birthday. As such, if a 15 year old was seriously injured but did not die, parents can pursue a claim for themselves for the loss of Filial Consortium from the age of 15 to 18 or roughly 3 years. Florida Wrongful Death cases are subject to different standards and statutes.

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

Posted In: Automobile Accidents , Automobile Insurance , Bicycle Injuries , Child Safety , Motorcycle Accidents , Negligent Security , Playground & Recreation Injuries , Slip & Fall Injuries , Trucking Accidents , Wrongful Death

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Is a Shooting that Causes Injuries or Death Covered Under Automobile Insurance in Florida?

Unfortunately, Jacksonville, Florida and other cities in Florida are the site of serious injuries and deaths as a result of drive by shootings and other shootings. A prime example of the tragic violence is the shooting of a Jacksonville Jaguar Football player, Richard Collier, a third year offensive tackle. Collier was shot while in his Cadilac Escalade after spending the night out with friends. See Jag's Collier Shot - Has Life Threatening Injuries.

Collier was reported to be in critical condition at Shands Jacksonville Medical Center. No further updates were later provided as deference to a privacy request by Jack Del Rio and the Collier Family.

I did some legal research on this matter and it does not appear that the injuries sustained by Mr. Collier would be covered under the typical uninsured motorist policy in the State of Florida. Of course, the automobile insurance policy and any other insurance and disability policies should be reviewed by the family and a Florida personal injury attorney to make sure that claims are filed for benefits that cover the incident and / or the related injuries.

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

Posted In: Automobile Accidents , Automobile Insurance , Child Safety , Negligent Security

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Florida Liability for Trespassers - What rights and responsibilities apply?

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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Is a Liability Waiver or Release as to a Child's Injury Valid in Florida?

Is a Liability Waiver or Release as to a Child's Injury Valid in Florida? Under recent Florida case law, these type of waivers or releases have been deemed invalid and against the public policy of the State of Florida. If possible, parents and guardians should not sign these waivers or releases. However, commercial enterprises often times will not allow a child to participate if the waiver or release is not signed. The signed waiver or release does not grant the commercial enterprise or business immunity in any manner in the State of Florida. In Applegate v. Cable Water Ski, a 5 year old was injured while being pulled on a wakeboard. The parents signed a waiver prior to the injury. A lawsuit was filed and the water ski company tried to run away from liability by presenting the signed waiver or release. The Fifth District Court of Appeal rules that such waivers and releases were invalid. The Court notes that non-profit organizations like charities and schools may be subject to different rulings than commercial enterprises. If you signed a waiver or release at Pump It Up or some other commercial enterprise or business, your child's rights are still intact. Do not be fooled or misled by the self serving forms that are written for the so called protection of these businesses. If you have any questions about a child injury, it is helpful to contact an experienced Florida child injury lawyer to review waivers, releases, the facts of the case, and your child's rights.

Traumatic Brain Injury - The Injured Child in Florida - What is a traumatic brain injury?

Florida children acquire or are inflicted with traumatic brain injuries from automobile accidents, playground incidents, day care injuries, slips and falls, sports related injuries, and other causes. Some refer to traumatic brain injury (TBI) as a brain injury or head injury. Traumatic brain injury is caused when sudden trauma damages the brain. Traumatic brain injury occurs when the head suddenly and violently hits an object or when an object goes through or pierces the skull and damages the brain tissue. Symptoms for traumatic brain injury can range from mild to moderate to severe. Some victims of traumatic brain injury experience loss of consciousness and others do not. Other symptoms of traumatic brain injury include the follows: headache, light headedness, dizziness blurred vision, tired eyes, ringing in the ears, bad taste in the mouth, mood change, lethargy, change in sleep patterns, memory problems, concentration problems, attention, and thinking and cognitive defects.

Some children who sustain a traumatic brain injury are affected for life. Since the brain is very fragile, treatment for traumatic brain injury can be quite limited. It is important to get evaluation and treatment for traumatic brain injury by professionals including but not limited to neurologists, neurosurgeons, psychologists, psychiatrists, and / or neuro-pscychologists. The National Institute of Health has some good resources and information for traumatic brain injury at Traumatic Brain Injury - Hope Through Research.

Missing and Abducted Florida Children - Simple Florida Safety Measure: Photograph Your Child Anytime You Travel, Visit an Amusement Park, or any Other Crowded Event

I recently visited Disney World in Orlando, Florida. It was filled with stressed out parents and excited children . . . It was also filed with hundreds of thousands of people . . . some good . . . some bad. In such crowded venues like Disney World, airports, shopping malls in Florida, there is a risk for a child to get lost, go missing, or get abducted. The best safety measure of all is to stay with your child at all times. In a matter of seconds, a child can wander off . . . Yes, these things happen. I thought it would be a good idea to take a photograph of your child before traveling, during traveling, and any time you go to a crowded venue or location. Why take a photograph? The reason is simple - the first thing that a law enforcement officer or security officer will ask you is - What was your child wearing? A simple photograph on your camera or mobile phone will be accurate and a very useful tool in searching for a missing or abducted child. I have my trusty i phone and will be following my own advice on this matter. The i phone and other advanced phones also have the ability to e mail the photo to any e mail address. As such, in a matter of seconds, a photograph of the at risk child can circulate to law enforcement, security, park officials, and mall officials.

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

Posted In: Child Safety , Crimes Against Children , Missing Children , Negligent Security

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Jacksonville Florida Victim of Crimes Compensation

In Florida, victims of crimes including child victims can apply for compensation of up to $50,000 from the government. Each incident and case is evaluated by the government on its own merits. If you or a family member has been the victim of a crime, you can contact your local county police department or state attorney's office for information and application for Victim of Crimes Compensation. In Jacksonville Florida - Duval County, the contact information is located at the City of Jacksonville Web Site at Services for Crime Victims.

Chapter 960, Florida Statutes is the applicable law on point.

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

Posted In: Abuse & Neglect , Crimes Against Children , Negligent Security , Sexual Offenders / Predators , Violent Crimes

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Jacksonville Florida Shooting Ends Life of Child Outside of Convenience Store

A Jacksonville Florida shooting killed Kiersten Ross outside of the Family Food Store shortly after 6:00 p.m. His mother, Pamela Ross, had last seen Kiersten riding his bike and playing with his toddler brother. Kiersten went to the Family Food Store to get a snack of donuts. As he was walking out of the store, he was shot by a drive by shooter. It is uncertain if Kiersten was the target. Investigation is under way to try to identify and locate the shooters.

The death of Kiersten, who was just 17 years old, is a tragedy for the family and the community. Kiersten was just at the store to buy donuts in the early evening hours.

Hopefully, the shooter and accomplices are located and prosecuted. You can read more about this tragic incident at From Bike to Bullet - Drive By Shooting at Jacksonville Florida Convenience Store.

Is there a civil case to pursue? Maybe, it depends on the facts of the case. Florida does not require armed guards outside of every convenience store; however, there is a line of negligent security cases that hold a property owner liable if there is a history of crime in the area and the property owner fails to implement reasonable and necessary security measures. Each case is judged on its own facts. The negligent security cases are detail oriented cases that require a statistical crime analysis of the area over a period of time, a detailed analysis of the facts, and thorough legal research to make sure that the law supports the facts and details obtained through the investigation.

If you have any questions about an assault, battery, shooting, injury, or death that took place at a convenience store or other business, you should consult with an Florida injury attorney to review the facts and your respective rights.

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

Posted In: Crimes Against Children , Negligent Security , Wrongful Death

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