Florida Child Injury Lawyer Blog

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.

According to the United States Bureau of Labor Statistics, nearly 62 million people volunteer at least one day a year. Those volunteering to work with the elderly, children or the disabled persons are likely to be screened for “red flags” in their criminal history, such as convictions for drugs, violent crimes, sex crimes and child abuse. The ability to use national criminal history checks to screen out volunteers with certain types of criminal records has been made possible by the National Child Protection Act, signed into law by President Bill Clinton in 1993.

In Florida, a state law requires schools to check volunteers against the sexual predator and offender database. A proposed law would also require youth sports organizations to check the backgrounds of coaches and referees. Some Florida volunteers who have been turned away from positions have hired a lawyer and plan to argue that the background checks violate their rights to privacy.

Checking someone’s background only costs few dollars. That seems like a small price to pay to be able to ensure parents and caregivers that their loved-ones will not be in the care of a person with a known or reported criminal history.

Read more about national laws and policies for criminal background checks on volunteers at Volunteers screened before working with children, elderly.

The Happyland Learning Academy in Orange County, Florida is changing their cleaning and security measures after being repeatedly vandalized by homeless people living on or near Semoran Boulevard. Owner Marco Infante has installed better locks and added advanced security measures to protect the children who come to his daycare center. He has also spent a good deal of time making sure cigarette butts, beer cans and other garbage are cleaned up before the children arrive each morning. The children’s parents did not seem concerned by the vandalism, saying that they believed the school provides a safe environment. Happyland and other day care centers should take their best efforts to provide for a safe and clean environment for children in the center. It is unfortunate that people unconnected with a day care center would take actions that could affect the safety and welfare of children.

Florida daycare centers are responsible for properly supervising children, including securing the facility and playground so that children are not injured or harmed. Parents who have their children in day care centers should inspect the facility and ask staff what measures are put in place to protect the children from potentially dangerous trash items in the playground or from strangers wandering onto the property.

Find out more about safety at this Florida daycare at Daycare says homeless damaging facility.

A German Shepherd K-9 unit escaped from Sarasota, Florida Police Officer Sean Gleason and attacked 12-year-old Angela Berk as she rode down the street on an electric scooter. The girl required 14 stitches in her right leg. She was unable to take pain medication because of the interaction with her medication for utism. The dog was allowed to continue working as a K-9 unit until he was retired for old age some time later.

The city offered the family a $15,000 settlement, but the child’s father, Ray Berk, declined the offer and filed a lawsuit asking for more money. Her lawyers noted that her developmental disability makes it more difficult for her to get past the trauma of the event.

Police officers acting as K-9 unit handlers have a responsibility to keep their dogs restrained and under control at all times. The officer was apparently negligent in his duty having left the door of his car open while the dog was unrestrained in the back seat.

Find out more about this story at Police dog attack on child inspires lawsuit.

Twelve-year old Jennifer Valdivia was attending a Florida Marlins vs. Philadelphia Phillies baseball game last July when Ryan Howard hit his 200th career home run. Jennifer was lucky enough to catch the ball, but Howard apparently wanted the ball back.

A representative from the Phillies ball club approached Jennifer in the stands, and told her that if she handed over the ball, he would have Howard sign it for her and Howard would give it back to her personally after the game. After the game, Howard was nowhere to be seen, but a security guard found Jennifer and gave her ball that had been autographed by Howard - a brand new ball, not the one she had caught.

Upon learning what happened, Jennifer’s mother, Delfra Vanegas, called the Phillies and asked them to give her daughter the ball back. The Phillies did not respond until the family’s attorney sued the club for $15,000 and the ball. The Phillies then returned the ball to Jennifer, who says she has no plans to sell it.

When a fan catches a ball in the stands, it is generally accepted that they are allowed to keep it. Taking a ball from a small child because it is believed to be worth a lot of money is an act that is bound to make both Howard and the Phillies look bad to the general public. The fact that they mislead the girl into giving them the ball with false promises would have undoubtedly helped the girl’s case if it had gone to trial.

Find out more about this story at Jennifer Valdivia 12-Year-Old Sues Philadelphia Phillies Over Ball.

In Gainesville, Florida, a mother and daughter were attacked in their hotel room at the Hilton Garden Inn according to the Gainesville Police Department. The attacker was carrying duct tape at the time of the attack. Even the fact that the mother and daughter were traveling with the father (who had exited the room prior to the attack) did not stop this attacker from attempting to subdue, attack, and possibly molest the mother and daughter. You can read more about this story at Mother and Daughter Attacked in Hotel Room in Gainesville, 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.

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.

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.

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.

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.

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.

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.

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.