Florida Child Injury Lawyer Blog

Florida has great weather. Many municipalities, cities, and counties have swimming pools in place for residents and visitors. Public swimming pools are a common fixture in cities and towns across Florida. A good questions was recently posted to me as follows:

Are Lifeguards required at Florida public swimming pools?

Pursuant to Rule 64E-9.008 - Supervision and Safety, "all owners, managers, lifeguards, or swimming instructors in charge of, or working at, public swimming pools shall be responsible for the supervision and safety of the pool." The rule also states that "lifeguards or swimming instructors, if provided, shall be in full charge of persons using the pool and shall have authority to enforce all rules."

The language of this rule leaves some wiggle room by using the phrase "if any". The most logical interpretation of the rule points to a requirement that the pool be staffed with lifeguards. The Department of Health issues these rules and regulations. If there is a problem with a public pool and its safety measures, parents and caregivers should discuss this matter with the pool manager and / or the Department of Health. If there is a child injury resulting from the lack of supervision or negligent supervision at a public swimming pool or even private swimming pool, contact a Florida Child Injury Lawyer for consultation, advice, and legal representation.

For pools that are exempt from supervision or regulation in Florida, see Florida Statutes, Section 514.0115 - Exemptions from Supervision - Regulation - Variances.

A national movement that aims to legislate how doctors, young athletes and coaches deal with concussion injuries is gaining momentum. At this year’s Super Bowl, taking place in Miami, Florida, Governor Charlie Crist will be announcing plans for a national initiative that would encourage all fifty states to adopt concussion legislation modeled after the Zackery Lystedt Law in Washington State. In 2006, Lystedt suffered a debilitating brain injury at the age of thirteen as a result of being allowed to return to the field too quickly after suffering a sports-related concussion.

The Washington law requires that athletes, parents and coaches receive education about the dangers of concussions, that children be removed from the game if they are suspected of having a concussion, and that children must be cleared by a medical doctor before returning to the sport. Oregon, California and Pennsylvania have adopted similar laws.

While no such law has been introduced in the Florida legislature, Crist’s planned comments at the Super Bowl would indicate that one may be soon. Currently the Florida High School Athletic Association advises trainers to follow the guidelines set forth in the sports medicine handbook of the National Federation of State High School Associations. Find out more about the proposed nationwide effort to protect youth athletes from brain injuries at Congressional forum to tackle concussion issue in NCAA, high schools.

When a Florida child enters the foster care system, he or she is supposed to be cared for or supervised by a large group of people including foster parents, case workers, and psychologists. Since foster children are already at risk of falling behind in school due to the stress in their home life, an undiagnosed or untreated learning disability can be disastrous for their chances of achieving success later in life.

In Florida and other states, judges have the right to appoint a surrogate parent to advocate for the educational needs of children in the foster care system who are suspected of having learning disabilities. These advocates can request testing and fight for extra help for these children in school. The main problem with the program so far is that there aren’t enough surrogates in the program to support all of the children who need help.

Surrogate parents are volunteers. Northeast Florida has been especially active in recruiting and training surrogates for Jacksonville, Florida area children. You can read more details of the surrogate parent program in northeast Florida at Surrogate parents fill needs of special-needs Jacksonville children.

Special education is vital to help children in need advance in school and generally in life. Unfortunately, many special needs children are not properly diagnosed, provided with proper instruction, or supervised at many public schools, private schools and day care centers. The lack of proper education and related supervision often times leads to injuries that could have otherwise have been prevented. If a child suffers an injury as a result of the negligence of a teacher or caregiver, contact a Florida Child Injury Lawyer to discuss the legal rights of the child and available courses or causes of action.

Deputies from the Volusia County, Florida Sheriff’s Office were conducting a felony traffic stop when the possibly armed suspect began behaving irrationally. Jorge Garcia allegedly began yelling profanities at the deputies and then got in the back seat of his car and refused to get out. When deputies threatened to use a taser gun on him, the man allegedly got out of the car, grabbed a one year old baby from the backseat and held it in front of him, shouting “tase the baby” at the officers.

The deputies were able to remove the baby from Garcia’s arms without any harm to the child. A woman, Tangeca Garcia, who was a passenger in the car reportedly then got out and attempted to block officers from using their taser guns on Garcia. The deputies were eventually able to tase Garcia so that they could place him under arrest.

Garcia has been charged with child abuse and resisting arrest. Ms. Garcia has also been arrested and charged with resisting arrest. Of course, Mr. Garcia and Ms. Garcia will be entitled to defend themselves through representation from a Florida criminal defense attorney or a public defender. There may be legal defenses to the situation that should be explored by the defense attorney.

Unfortunately, children are put in danger every day by parents and caregivers who engage in reckless and careless activities. Parents and caregivers should to their best to think through the consequences of their actions. Of course, many parents and caregivers have mental health issues that complicate the situation. In these instances, family members, extended family members and when necessary the Court and Florida Department of Children and Families should step in when necessary to protect the interests and welfare o the children.

Read more about the arrest of Jorge Garcia at Cops: 'Tase the baby,' man dared them.

Wood, Atter & Wolf is a full service law firm based in Jacksonville Florida and Ponte Vedra Beach, Florida. Attorneys at the firm handle criminal, family law, business, probate, guardianship, and child personal injury matters. The above reported incident will involve issues involving criminal and family law.

The Florida Highway Patrol takes drunk driving in Jacksonville, Florida and other Florida towns and cities very seriously, saying that it is one of the most deadly crimes. Their motto is "Over the Limit, Under Arrest.” If you get pulled over on suspicion of drunk driving, a breathalyzer and / or field sobriety tests will help officers determine if you are over the legal limit. Drivers found to be drunk face jail time, losing their driver’s licenses, higher insurance rates, and many other expenses.

The Florida Highway Patrol has released some tips so that drivers can determine their own limit before getting behind the wheel. For example, they would like to remind people that one drink is the equivalent of .54 ounces of pure alcohol; that is the amount found in one ounce of 100 proof liquor, twelve ounces of beer, or four to five ounces of wine. Also, it does not take many drinks for the average person to reach the legal limit of .080 blood alcohol content. A 120 pound woman would very likely be well over the limit after consuming three drinks in one hour. A 180 pound man would be over the limit after four drinks in the same time period.

Driving under the influence of drugs or alcohol (DUI) is no joke. It can be harmful or even fatal both for the driver himself and for innocent victims on the road with him. Drivers are urged to contact the Florida Highway Patrol by cell phone at *FHP (*347) to report any dangerous driving behavior. Callers may be anonymous.

Read more about the Florida Highway Patrol’s efforts to cut down on drunk driving at FHP continues holiday enforcement.

If your child has been injured by a driver who was under the influence of drugs or alcohol, please contact our Jacksonville, Florida firm for child injury legal counsel.

According to the Florida Department of Transportation (FDOT), a bicycle lane is defined as “a portion of a roadway (either with curb and gutter or a flush shoulder) which has been designated by striping, special pavement markings, and signing for the preferential use by bicyclists.” Since bike lanes are a relatively new phenomenon, some drivers are unsure of the driving laws surrounding them. Because both adults and children can ride their bikes in designated bicycle lanes, drivers should use caution and make sure they know the rules of the road.

Florida Statute 316.084 applies to cars passing on the right. The conditions under which passing on the right is allowed are as follows:

• When the passed vehicle has stopped and is indicating a left turn;

• When there is unobstructed pavement available of an appropriate width for a
motor vehicle, including one-way streets; or

• When the act of passing the other car may be done safely.

You can read a more in depth analysis of the Florida law as it pertains to cars driving in the bicycle lane at Passing on the Right Using a Bike Lane.

If your child has been injured in a bicycle, car or pedestrian accident, a consultation with a child injury lawyer could answer questions as to traffic statutes, negligence, fault, and responsibility for damages and bills resulting from such an accident.

Continue reading "Sharing Florida Roads with Bicyclists – Is It Legal for Cars to Use the Bike Lane for Passing?" »

Juvenile criminal defendants in Florida have routinely been shackled, handcuffed or otherwise restrained when brought into juvenile court, regardless of their age, alleged crimes, security, or flight risk. The Florida Supreme Court recently declared this practice unlawful; judges may determine if shackles are warranted on a case by case basis, and any other use of shackles on minors is prohibited. The decision has been praised as a sensible balance between courtroom safety and defendant’s rights.

The issue of shackling minors has long been a source of contention in Florida juvenile courts. The practice was officially challenged in a lawsuit brought by the Miami-Dade County Public Defender's Office. Florida public defenders argued that the indiscriminate use of restraints on minors violated due process and the right to counsel. They also argued that shackling minors causes emotional and mental distress that can prevent them from being successfully rehabilitated.

Now that the ruling is in effect, it will be up to defense attorneys to properly instruct their juvenile clients on the type of proper courtroom behavior required to remain unshackled. You can read more about the decision to ban indiscriminate juvenile court shackling at Florida Supreme Court limits shackling of juveniles.

If your child has been the victim of unlawful discriminatory practices, please contact our firm for expert legal counsel.

Three children, one as young as two years old, escaped undetected from a Grace Community Schools daycare center in Cape Coral Florida. The children crossed a busy street where they were gathered up by concerned onlookers. Moments later a few of the school’s employees came outside to look for the kids. One of the onlookers, Nicholas Nuzzi, called the Cape Coral police department to report the incident. He also made a report to the Florida Department of Children and Families.

The Florida Department of Children and Families has confirmed that it is investigating the complaint, and that this particular incident is one of several charges of abuse and neglect made against Grace Community Schools’ schools and daycare center operators. Because the schools are run under a religious exemption, they are not licensed or inspected by the state. Read more about this daycare at Toddlers escape from Cape Coral daycare.

In Florida, a day care center can operate under a religious exempt status if the day care center is part of a bona fide religious institution. But even religious exempt day care centers have employment screening and background checks as well as other requirements. Parents should the take the time and effort to collect information and speak to the day care owners, day care workers, other parents, and the State regulatory agency about the day care center where they will be leaving their child, whether the daycare is state licensed or not.

If your child has been subject to abuse or neglect while in daycare or elsewhere, please contact our firm for expert advice from experienced child injury lawyers.

According to Florida Statutes, ATVs can only be operated during the daytime on unpaved roadways where the posted speed limit is less than 35 miles per hour by a licensed driver, or by a minor under the supervision of a licensed driver. Walton County, Florida takes it one step further, prohibiting any use of ATVs except on private property.

But the Walton County Sherriff’s Office has been inundated with calls from concerned residents lately, who report that four or five young people have been spotted driving at high speeds down Walton County Highway 1084 and in the county dirt pit behind the community center. Driving an ATV on public property in Walton County is not permitted, and is considered a second degree misdemeanor. The fine for violating the ordinance is $250.

Young people are especially likely to be injured by their own carelessness while driving an ATV; Florida statutes concerning ATVs have been passed for the protection of drivers and bystanders alike. These injuries from ATV accidents include fractures, abrasions, lacerations, head trauma, and in some instances death. Some ATV accidents can be avoided by following Florida statutes, driving at safe speeds, choosing roadways carefully, and paying attention to weather conditions.

Read more about unlawful ATV drivers in Walton County, Florida at ATV complaints pour into sheriff's office.

A class-action lawsuit, filed in 2005 on behalf of the Florida Pediatric Society, Florida Academy of Pediatric Dentistry, and all residents of Florida under the age of 21 who presently or in the future would be eligible for Medicaid, is expected to be argued in Miami soon. The suit accuses the state of Florida of violating federal Medicaid standards. Among other accusations, the suit claims that in 2007 nearly four hundred thousand children on Medicaid did not receive a medical check-up, and that three quarters of a million children on Medicaid did not receive any dental care.

Industry experts point to the fact that Medicaid payout rates are much lower than those for private insurers; that means that many doctors and dentists simply do not accept Medicaid patients. In many cases, Medicaid patients are forced to wait four times as long for an appointment as privately insured children.

Medicaid was designed so that low income children would have access to proper medical care. The fact that so many of them are still going without, points to a problem in the system. Hopefully this lawsuit will help pave the way for these children to get the care they are entitled to. Read more about the case and its allegations at Florida accused of violating Medicaid standards.

A recent Opinion/Editorial piece in the Bradenton Herald served to remind Florida drivers that they need to take more care when getting behind the wheel. The article cited several examples of recent news reports covering drivers who seem to be totally ignorant of the law. Of course, everyone should know that it is against the law that it to run red lights or stop signs, but too many drivers completely ignore, or do not bother to learn, some of the other laws that govern driving in our state.

For example, if a school bus is stopped with red light flashing, all cars in both directions must come to a complete stop so that the children exiting or boarding the bus can do so safely. It does not matter how many lanes the road has, as one young woman who received a $271 ticket believed. It also does not matter if you are on the other side of the road, unless there is a raised median or some other barrier separating the lanes. The Manatee County, Florida Sheriff’s Office recently conducted an enforcement operation near local schools, watching for motorists who ignored this law. Deputies handed out 59 citations for failing to stop. Almost all of the ticketed drivers claimed they did not know they had to stop if they were travelling in the opposite direction of the bus.

Too many children are injured or killed in traffic accidents near schools. Drivers need to be aware of and follow the applicable Florida laws and drive using extra caution and patience when driving near a school or school bus. Drivers who want to be safe, avoid fines and possibly save someone’s life should read the Official Florida Driver’s Handbook and take it to heart. To find out more about frequently overlooked Florida traffic rules, visit Drivers must learn, obey Florida traffic laws.

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.

Yamile Campuzano-Martine was on her way to the airport to pick up a relative. She had two children in the car with her. Reportedly, her six-year-old child was riding in the woman’s lap when she lost control of the vehicle and crashed into a fish tank that was part of an exhibit at the Tampa Bay International Airport.

The collision destroyed a 1,500 gallon tank, worth $50,000 - 100,000. The tank held about 30-40 saltwater fish, worth $3,000 - 5,000, none of which were expected to live. The detroyed aquarium was part of the airport’s “El Movimiento del Mar” public art program. TIA reportedly spent $200,000 on the exhibit; the fish and tank maintenance were provided by the aquarium.

Ms. Campuzano-Martine was cited for careless driving, failure to use a child restraint device and failure to provide a driver's license. It appears that no one in the car was injured seriously, and Ms. Campuzano-Martine declined a hospital visit for the six-year-old boy. No one in the airport was injured.

Parents should always make safety and security a priority for children when they are riding in a vehicle. This includes the use of seat belts and child safety seats. According to Florida state law, all passengers of a vehicle under the age of 18 years old must be restrained by a safety belt or child restraint device, and it is the driver’s responsibility to make sure they are in compliance. In this case, the six-year old should have been wearing a seat belt. While it is always important to follow the law, it is even more important to provide for the safety of children when they are in riding in a vehicle.

You can read more about this car accident involving two children at With child in lap, woman drives into TIA fish tank.

Adoption agencies placing children with Florida parents are reportedly required by the Florida Department of Children and Families to inquire if the potential parents keep guns or ammunition in their home. Recently, a Brevard County, Florida couple hired an attorney after they took exception to being asked that question. The lawyer called a lobbyist for the NRA, who decided to try to change Florida law to restrict adoption agencies from asking about gun ownership.

According to the NRA, gun registration is illegal in Florida, and any documentation about gun ownership by a government agency is basically the same thing as establishing a gun registry. Further, gun rights advocates say that requiring parents to disclose gun ownership is a violation of their privacy rights. Senator Thad Altman, R-Melbourne, is sponsoring a bill to make “unlawful” for an adoption agency to ask about gun ownership. The bill is expected to pass.

Whether the bill passes or not, parental supervision along with the proper storage and locking of guns is a necessary step for gun owners to take to prevent gun related injuries and deaths involving children. The death or injury of a child from an accidental shooting is a great loss, and can be prevented with some basic safety precautions.

Read more about this bill at NRA: Ban adoption agencies from asking about gun ownership.

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.

In Florida, elementary schools are required by the Florida legislation to provide for character education and instruction. While the Florida legislator requires this type of instruction, it did not provide for a specified curriculum for this kind of education. I strongly support life lessons and character education in schools. Having a knowledge of Math, Science, and English is certainly important. It is also vital that children are educated on how to be good people and how to get along with others. Respect, kindness, and forgiveness as well as other character trails are certainly a part of education that a young child should have in elementary school. You can read more about these important programs at Florida Children Taught Character in Schools.

The Jacksonville (Florida) Sheriff's Office is investigating the recent drowning death of a child in a retention pond behind an apartment complex. Florida has a law that requires swimming pool owners to have a fence or barrier around the pool. Pursuant to Section 515.29, Florida Statutes, the barrier must be at least 4 feet high from the outside. You can read more about the barrier requirements at the Official Site for the Florida Statutes - Section 515.29. Unfortunately, there is not a similar law in place for retention ponds at apartment complexes. When there is a body of water surrounding a business or apartment complex, Florida law does not require a barrier around every single body of water. Each case or situation would be judged on its own merits. The following questions would apply:

How close was the body of water / retention pond to the apartment complex?

Were children known to play or be in the area near the retention pond?

Have there been other incidents when a child has fallen in, played in, or drowned in the retention pond?

Would the retention pond qualify as an "Attractive Nuisance" to children under Florida law that could, in turn, require the apartment complex to have a barrier around the pond?

The 1 year old who drowned and other children were being watched by his mother when the incident took place. Some how, the child wandered away and into the retention pond. It was reported that a resident of the apartment complex was concerned that there was no a fence around the retention pond.

It is certainly a sad moment in time for the family of this small child and the community when a child this young dies as a result of a preventable incident. You can read more about this story at 1 Year Old Child Dies / Downs in Jacksonville, Florida.

A local ordinance passed recently by the St. Johns County Florida County Commission is aimed at sex offenders and their participation in Halloween related activities. In order to keep children away from the homes of sex offenders during Halloween, sex offenders cannot dress up in costumes or decorate their homes for Halloween. In addition, a simple sign must be posted that states "No Candy". There are 178 registered sex offenders in St. Johns County. The failure to comply with this ordinance can result in a fine and / or jail time. Some argue that the law is unconstitutional and unfair. Others (including myself) believe that the laws will help protect children and keep them away from the homes of many sex offenders who have committed sex crimes against children and / or others. You can read more about the St. Johns County Ordinance at Halloween and Sex Offenders Will Not Be Mixing This Halloween.

A deadly crash took place on Batram Park Boulevard on July 27 in Jacksonville, Florida. As I was driving into work this morning, I was driving on this very roadway when I came across an unmarked police SUV and an marked police vehicle. These vehicles were blocking traffic through Batram Park Boulevard. I suspected that there was an automobile accident / trucking accident or some kind of criminal chase in the area. I later heard and read about this tragic accident. The pick up truck had 3 teens in the back of the pick up truck when the driver lost control and the truck flipped. One teen died and another was seriously injured

A pickup truck loaded with six youths crashed after the driver apparently lost control early this morning causing the truck to flip. The accident killed one passenger and left another in critical condition, Jacksonville police said.

Miranda J. Zant (age 16) died at the scene of the crash when the pick up truck rolled over her according to the Jacksonville Sheriff's Office.

Florida Statutes Section 322.2015 prohibits the operator of a pick up truck to permit a minor child (under the age of 18 years old) to ride in the back of a pick up truck.

This law is in place to protect minors from the dangers of riding in the back of a pick up truck especially when there is crash. You can read the full version of this statute at the Official Florida Statute website at Section 322.2015, Florida Statutes.

The deaht of Miranda J. Zant is a tragic loss for her family and the community. Teens, parents and others should pause at this time to empathize and give sympathy to the family of Miranda J. Zant and also use this tragic accident as a teaching tools to other teens and children about the dangers of riding in the back of a pick up truck.

You can read about this crash at the Florida Times Union Website - Deadly Crash on Bartram Park Boulevard in Jacksonville (Duval County) Florida.

In Palm Coast, Florida, residents and visitors are subject to the Code of Ordinances for the City of Palm Coast, Florida. Pursuant to Chapter 8, Animals, Article III, Confinement of Dogs, Section 8-63, a dog owner has a duty to have a dog on a leash in residential and public places when the dog is off of the owner's property. The leash shall not be longer than 5 feet in length.

You can read more about the City of Palm Coast, Florida dog leash provisions and other sections pertaining to Dogs at the City of Palm Coast, Florida Ordinances.

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.