Florida Child Injury Lawyer Blog

In Jacksonville Florida and the rest of the State, pedestrians have designated rights and responsibilities by Florida statutes and case law. Pursuant to Section 316.130, Florida Statutes:

"Every driver (in the State of Florida) of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle and give warning when necessary and exercise proper precaution upon observing any child or any obviously confused or incapacitated person." See the Full Florida Statute Section 316.130.

Pedestrians are required to obey traffic devices, use sidewalks when present, and also use due care when approaching roadways and traffic.

I have represented many Florida pedestrians who have suffered personal injuries after being hit by a car or truck in pedestrian cases. The facts of each case must be evaluated on their own merits. Civil cases are not controlled by the opinions or conclusions of the police officer. This applies even in death cases. It should also be kept in mind that Florida is a comparative fault state. In other words, a judge or jury can apportion fault between the pedestrian and driving in determining an award for damages for personal injuries or wrongful death resulting from a pedestrian being hit by a vehicle.

Early involvement by a Florida personal injury lawyer is paramount to the investigation of a pedestrian case for a civil suit for compensation.

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

Posted In: Automobile Accidents , Automobile Insurance , Child Safety , Pedestrian Injuries , Statutory References (Florida) , Traffic Citations , Trucking Accidents , Wrongful Death

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The Florida legislature passed an Anti Bullying law for the protection of children in Florida public schools. The Florida law requires that schools set up procedures for reporting and dealing with acts of bullying. Schools have until December 1, 2008 to establish such procedures. The Florida Anti Bullying Law itself does not provide a civil remedy per se against a public school, day care center, summer camp, teacher, employee, student, or parent for acts of bullying. Since the law is new, it is difficult at this time to predict how the law will be interpreted or enforced. When dealing with most child injuries in the State of Florida, negligence standards apply in most cases. In other words, there must be a duty, breach of duty, causation, and damages to recover monetary damages / compensation for injuries sustained by a child. Dog bites in Florida are subject to their own statute. If a child is bitten by a dog, the owner is strictly liable for the damages or injuries. Negligence does not have to be proven for a dog bite case. For other cases including bullying cases, I believe that the negligence standards would still apply. When dealing with any child injury in Florida that is caused by the fault or negligence of a business, government entity, or person, it is helpful to have the advice and counsel of an experienced Florida child personal injury lawyer to guide you through the laws and represent your child's interests.

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

Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Day Care Centers and Child Care , Education , Playground & Recreation Injuries , School Safety , Sport Related Injuries , Statutory References (Florida) , Swimming Pool & Aquatic Injuries , Violent Crimes

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A 10-year-old East Palatka boy was seriously injured hospitalized at Shands Gainesville Florida following a shooting involving a 14 year old family friend. THe home which is located on County Road 207 A in East Palatka is the site of the investigation of this tragedy. This Florida child's gun shot injury was caused the the mishandling of a 9 mm pistol.

In Florida child shooting incidents, there are usually a variety of Florida civil and criminal laws that may apply. As such, it is helpful to have a Florida criminal lawyer and / or a Florida child injury lawyer in place to discuss the respective rights and responsibilities.

In Florida, a person can be prosecuted for exposing another person to person injury by "storing or leaving a loaded firearm within the reach or easy access of a minor (child under the age of 16), if the minor obtains the firearm and uses it to inflict injury or death upon himself or any other person." See 784.05, Florida Statutes Regarding Liability for Injuries to a Child Resulting from a Gun Shooting. This section does not apply to the following situations:

1. The firearm was stored or left in a securely locked box or container or in a location which was reasonably believed to be secure or was locked with a trigger lock;

2. If the minor obtains the firearm as a result of an unlawful entry by any person;

3. Target or sport shooting accidents or hunting accidents; or

4. To members of the Armed Forces or police or other law enforcement with respect to firearm possession by a minor which occurs during or incidental to the performance of their duties.

Under this Florida statute, there is also a 7 day waiting period for the arrest of a family member who accidentally shoots a minor child.

There is a good web site that provides valuable resources and tips regarding Common Sense About Kids and Guns.

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

Posted In: Attractive Nuisances , Child Safety , Gun & Firearm Safety and Injuries , Statutory References (Florida)

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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.

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

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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Florida has developed various laws that apply to both the civil and criminal aspects of an automobile accident. In order to encourage all drivers and passengers to an accident to communicate with a police officer, Florida put in place the doctrine of the Accident Report Privilege. Under this doctrine, the statements made to a police officer are generally inadmissible for use in a civil or criminal trial.

There is one major exception to this general rule. If a police officer suspects that a driver was driving under the influence (DUI) or committed another crime related to the accident, the police officer may then proceed forward with a criminal investigation. Statements made during a criminal investigation may be held against a Defendant if the police officer complied with the Miranda Warnings by reading the suspect his or her rights. You can read more about the statutes pertaining to accident reports at the Florida Statutes Web site at Duty to Give Information and Render Aid - Florida Statute Section 316.062.

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

Posted In: Automobile Accidents , Automobile Insurance , Bicycle Injuries , Child Safety , Motorcycle Accidents , Pedestrian Injuries , Statutory References (Florida) , Traffic Citations

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In Florida, a person is civilly liable for damages caused his or her dog.

In addition to civil damages, the dog owner may be prosecuted criminally for a dog bite as well. If the dog previously was declared dangerous and the dog attacks again without provocation, Florida Statutes provide that the dog owner is guilty of a misdemeanor of the first degree. Dogs should be properly fenced or leashed to prevent dog bites. You can read more about the Florida Statutes involving this crime at Section 767.13 at the Official Florida Statute / Florida Leglislature Web Site.

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

Posted In: Dogs / Dog Bites / Animals / Pets , Statutory References (Florida)

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New legislation has been proposed by Florida's Attorney General that would provide for a minimum of $150,000 in civil damages against individuals who download and distribute images of child's sexual abuse.

The Exploited Children’s Rights Act will make Florida the first state to allow victims of Florida-based child pornography to seek civil remedies against those who download images of that child’s sexual abuse. The legislation will also allow the Attorney General’s Office to pursue these cases on behalf of the victims at their request. You can read more about the bill and the reasons for its proposal at the Florida Attorney General Website.

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

Posted In: Abuse & Neglect , Crimes Against Children , Internet, E-Mail, Text Messaging , Sexual Offenders / Predators , Statutory References (Florida)

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What is a dangerous dog under Florida law? Florida actually has a statutory definition of dangerous dog pursuant to Section 767.11, Florida Statutes:

(1) "Dangerous dog" means any dog that according to the records of the appropriate authority:

(a) Has aggressively bitten, attacked, or endangered or has inflicted severe injury on a human being on public or private property;

(b) Has more than once severely injured or killed a domestic animal while off the owner's property;

(c) Has been used primarily or in part for the purpose of dog fighting or is a dog trained for dog fighting; or

(d) Has, when unprovoked, chased or approached a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, provided that such actions are attested to in a sworn statement by one or more persons and dutifully investigated by the appropriate authority.

You can read the entire statute at the Official Website for Florida Statutes.

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

Posted In: Dogs / Dog Bites / Animals / Pets , Statutory References (Florida)

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Florida law has determined that children under the age of six are presumed to be incapable of comparative negligence. This concept that was developed under Florida case and it makes complete sense. Florida is a comparative negligence state. In other words, a jury may apportion fault between different parties and even non parties at trial. As such, a jury could split the liability and damages between different persons and entities. There is one exception to this general rule in Florida. Pursuant to Swindell v. Hellkamp, 242 So.2d 708 (Fla. 1970) and related case law, a child under the age of six years old is conclusively presumed to be incapable of committing such negligence. As such, the actions or inactions of a five year old cannot as a matter of law be considered to be negligence for purposes of liability. However, if a child is six or older, a jury can consider the actions or inactions of the six year old in determining liability for injuries to the child. Whether your child is under or over six years old, businesses, drivers, and others have a duty to act reasonably when children are present.

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

Posted In: Child Safety , Statutory References (Florida)

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Jacksonville Florida roads are filled with commercial vehicles. Unfortunately, many commercial vehicles are mammoth sized when compared to a compact car or a motorcycle. It is like a David versus Goliath type of auto accident / trucking accident. A person who operates a commercial vehicle must have a Commercial Driver's License to legally operate the commercial vehicle in the State of Florida. You can read more about Commercial Driver's Licenses and other related laws at the Florida Statute Web Site. The section that applies to Commercial Driver's Licenses is located at Section 322.53, Florida Statutes.

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

Posted In: Automobile Accidents , Automobile Insurance , Motorcycle Accidents , Statutory References (Florida) , Traffic Citations , Trucking Accidents

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Florida children under the age of 16 are required by Florida Statutes to wear a helmet while riding a bicycle. A helmet can save a life and prevent serious bodily injury to Jacksonville Florida children in bicycle accidents.
This includes children in trailers or semi-trailers attached to a bicycle.

Section 316.2065 (d) provides as follows:

d) A bicycle rider or passenger who is under 16 years of age must wear a bicycle helmet that is properly fitted and is fastened securely upon the passenger's head by a strap, and that meets the standards of the American National Standards Institute (ANSI Z 90.4 Bicycle Helmet Standards), the standards of the Snell Memorial Foundation (1984 Standard for Protective Headgear for Use in Bicycling), or any other nationally recognized standards for bicycle helmets adopted by the department. As used in this subsection, the term "passenger" includes a child who is riding in a trailer or semitrailer attached to a bicycle.

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

Posted In: Automobile Accidents , Bicycle Injuries , Child Safety , Statutory References (Florida)

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Dog bite injuries to children in Florida are problematic.

Children are often the innocent victim of a dog that is not leashed, properly restrained, or trained to be around children and others. Pit bull dog bite injuries to Florida children can be especially troublesome and can result in severe injuries including scarring. Legislators in South Florida have proposed a Florida legislative bill that would allow counties like Duval County and St. Johns County to bank Pit Bulls and other breeds. In the alternative, under this bill, a county could prohibit owners from bringing certain breeds in public. For the past 18 years, there has been a state wide prohibition on "breed specific" local regulations on dogs. There is opposition to the bill from dog owners who believe that a few bad owners and incidents are to blame for the attacks rather than the breed. You can read more about this issue at Bill Would Let Florida Cities and Counties Ban Pit Bulls and Other Breeds.

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

Posted In: Child Safety , Dogs / Dog Bites / Animals / Pets , Statutory References (Florida)

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Animal House was a great movie. It showed a bunch of college kids and adults for that matter getting drunk and wreaking havoc. In Florida, the homeowner and others may be held liable civilly and may be criminally prosecuted for injuries and events resulting from the service of alcohol to a minor.

Section 865.015 (2) Florida Statute states as follows:

No person having control of any residence shall allow an open house party to take place at said residence if any alcoholic beverage or drug is possessed or consumed at said residence by any minor where the person knows that an alcoholic beverage or drug is in the possession of or being consumed by a minor at said residence and where the person fails to take reasonable steps to prevent the possession or consumption of the alcoholic beverage or drug.

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

Posted In: Alcohol & Drug Issues , Statutory References (Florida)

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Florida law criminalizes the selling, giving, or serving of alcohol to children / minors. Violating this law can land you in jail. Worse than that, violating this statute can cause the death of a Florida child and others affected by the effects of underage drinking.

Florida Statute Section, 562.11, provides the following"

Section 562.11, Florida Statutes Selling, giving, or serving alcoholic beverages to person under age 21; providing a proper name; misrepresenting or misstating age or age of another to induce licensee to serve alcoholic beverages to person under 21; penalties.--

(1)(a)1. It is unlawful for any person to sell, give, serve, or permit to be served alcoholic beverages to a person under 21 years of age or to permit a person under 21 years of age to consume such beverages on the licensed premises. A person who violates this subparagraph commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

The rest of the statute can be read at the Official Florida Statute Website.

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

Posted In: Statutory References (Florida) , Wrongful Death

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Florida counties have ordinances regarding dogs and domestic animals. There is a leash law in effect for St. Johns County Florida and other counties in Florida. You can read more about the leash law at the St. Johns County Florida Website. I live in a neighborhood where some dogs run free or have an invisible fence in place for the dog. A few neighbors have been cited by the Homeowner's Association for the failure to have a dog on a leash.

The leash laws are in place for several purposes including the reduction of stray dogs, spread of disease, and ti reduce / prevent Florida dog bites.

It makes sense that a dog leash dog would reduce the incidents of dog bites. However, you should be aware that Florida's Dog Bite Statute does not give a dog owner a defense if the dog bite took place while the dog was on a leash.

Keep your dog on a leash or in a fenced yard. This is good advice whether there is a dog leash law in your county.

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

Posted In: Child Safety , Dogs / Dog Bites / Animals / Pets , Statutory References (Florida)

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Victims and other persons can qualify for compensation under Florida Crimes Compensation Act. Pursuant to Section 960.065, Eligibility for Awards as follows:

(1) Except as provided in subsection (2), the following persons shall be eligible for awards pursuant to this chapter:

(a) A victim.

(b) An intervenor.

(c) A surviving spouse, parent or guardian, sibling, or child of a deceased victim or intervenor.

(d) Any other person who is dependent for his or her principal support upon a deceased victim or intervenor.

(2) Any claim filed by or on behalf of a person who:

(a) Committed or aided in the commission of the crime upon which the claim for compensation was based;

(b) Was engaged in an unlawful activity at the time of the crime upon which the claim for compensation is based;

(c) Was in custody or confined, regardless of conviction, in a county or municipal detention facility, a state or federal correctional facility, or a juvenile detention or commitment facility at the time of the crime upon which the claim for compensation is based;

(d) Has been adjudicated as a habitual felony offender, habitual violent offender, or violent career criminal under s. 775.084; or

(e) Has been adjudicated guilty of a forcible felony offense as described in s. 776.08,

shall not be eligible for an award.

(3) Any claim filed by or on behalf of a person who was in custody or confined, regardless of adjudication, in a county or municipal facility, a state or federal correctional facility, or a juvenile detention, commitment, or assessment facility at the time of the crime upon which the claim is based, who has been adjudicated as a habitual felony offender under s. 775.084, or who has been adjudicated guilty of a forcible felony offense as described in s. 776.08, shall not be eligible for an award. Notwithstanding the foregoing, upon a finding by the Crime Victims' Services Office of the existence of mitigating or special circumstances that would render such a disqualification unjust, an award may be approved. A decision that mitigating or special circumstances do not exist in a case subject to this section shall not constitute final agency action subject to review pursuant to ss. 120.569 and 120.57.

(4) Payment may not be made under this chapter if the person who committed the crime upon which the claim is based will receive any direct or indirect financial benefit from such payment, unless such benefit is minimal or inconsequential. Payment may not be denied based on the victim's familial relationship to the offender or based upon the sharing of a residence by the victim and offender, except to prevent unjust enrichment of the offender.

History.--s. 1, ch. 77-452; s. 1, ch. 79-297; s. 4, ch. 80-146; s. 2, ch. 85-326; s. 10, ch.