Florida Child Injury Lawyer Blog

Many Florida sport leagues, tournaments, day care centers, pools, and play centers like Pump It Up and others require the execution of a release / waiver of liability for injuries for your Florida child to participate. A Florida family and its attorney challenged the validity of this waiver and actually won the case. The result of the case was that the release / waiver of liability was determined to be invalid in the case. While this may not mean that all releases and waiver of liability for child injuries are invalid, the case does provide good law and guidance for challenging these releases. I actually know the appellate attorney who argued the case before the appellate case and have used this attorney to handle some of my appeals. You can read more about this topic at Florida Youth Sports Liability Waivers Challenged. Proponents of the waivers state that lawsuits should not be filed due to negligence of coaches, leagues, property owners, or others. In addition proponents of the waivers state that the costs of insurance and operations will only increase if the waivers cannot be utilized to limit liability for negligently causing injuries to children. Opponents of the waiver state that the waivers are unfair and will encourage bad conduct without consequences. I believe that the waivers and releases are fair too broad and should not exempt or excuse negligence that causes serious injury to a child. When there is a child injury (with or without a waiver), it is important to contact a Florida Child Injury Lawyer to review the rights of your child.

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

Posted In: Attractions & Theme Parks , Playground & Recreation Injuries , Sport Related Injuries , Swimming Pool & Aquatic Injuries , 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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Florida public and private schools, day care centers, and summer camps are responsible for teaching and supervising our children. Parents and caregivers rely on public schools and private businesses to watch over our children. While schools are not responsible for every injury or problem that arises, Florida schools and their employees, agents, and even volunteers are responsible for injuries to children that are caused by negligence.

Negligent supervision in the setting of a Florida school, day care, or summer camp requires the following elements:

1. The existence of a teacher-student OR counselor - camper relationship giving rise to a legal duty to supervise the child;

2. Negligent breach of that duty (failure to act reasonably under the circumstances); and

3. Causation of the child's injury by the teacher's / counselor's negligence.

Each case should be evaluated based on its own facts and an analysis of the applicable Florida statues and Florida cases on point. As a child advocate and a Florida child injury lawyer, I know that the safety, welfare, and health of the child are all important. Parents of an injured child can greatly benefit by educating themselves of their rights and responsibilities under Florida law. A Jacksonville child injury lawyer can review the case which may include but would not be limited to evaluating the site of the injury, researching the law, reviewing medical records and bills, and working with safety experts and others to determine the cause of the injury.

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

Posted In: Child Safety , Day Care Centers and Child Care , Education , Medical Care & Health Issues , Playground & Recreation Injuries , School Safety , Slip & Fall Injuries , Sport Related Injuries , Swimming Pool & Aquatic Injuries

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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?

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

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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Summer camp is a tradition in Florida and the United States. Whether your child goes to a day camp or sleep away camp, there are great benefits to summer camp. The goal of summer camp is to enrich the lives of your children. Unfortunately, unexpected events like personal injuries, fractures, lacerations, head injuries, and drownings take place in summer camps. Some can be avoided with better safety measures, supervision, and judgment. Other incidents cannot be avoided. Pediatrics - The Official Journal of The American Academy of Pediatrics published an interesting article / study on injuries in summer camps at Illness and Injury Among Children Attending Summer Camp in the United States The study noted that some activities like horseback riding and capture the flag resulted in a higher incidence of injury.

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

Posted In: Attractions & Theme Parks , Attractive Nuisances , Boating Accidents , Child Safety , Day Care Centers and Child Care , Playground & Recreation Injuries , Slip & Fall Injuries , Sport Related Injuries , Swimming Pool & Aquatic Injuries

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Traumatic child injuries in Florida including automobile accident, falls, sports injuries, diving injuries, trampoline injuries, and violent injuries (gun shots / stabbings) account for most spinal cord injuries. The spinal cord consists of a bundle of nerves that carry messages between the brain and the rest of the body. Most spinal cord injuries occur in the neck ( cervical ) region. According to the Children's Hospital Boston, there are a variety of symptoms that can be associated with a spinal cord injury. You can read more about this topic at My Child Has Spinal Cord Injury - Causes, Symptoms, and Treatment.

Legal matters and representation of a child with a spinal cord injury can be quite complex. There are a variety of issues to address including but not limited to liability ( fault ), causation, automobile insurance, homeowners insurance, business insurance, health insurance, medical bills - past and future, medical treatment, life care plans, surgery, guardianship, settlement, annuity purchase, loss of support and services for the parents and guardians, and other issues. Whether a child sustains a spinal cord injury or lesser injury, it is helpful to have the advocacy and advice of a Florida child injury lawyer / attorney for these matters.

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

Posted In: Attractions & Theme Parks , Attractive Nuisances , Automobile Accidents , Automobile Insurance , Bicycle Injuries , Boating Accidents , Child Safety , Crimes Against Children , Day Care Centers and Child Care , Medical Care & Health Issues , Medical Malpractice , Motorcycle Accidents , Pedestrian Injuries , Playground & Recreation Injuries , Slip & Fall Injuries , Sport Related Injuries , Swimming Pool & Aquatic Injuries , Violent Crimes

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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.

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

Posted In: Automobile Accidents , Automobile Insurance , Bicycle Injuries , Boating Accidents , Child Safety , Day Care Centers and Child Care , Medical Care & Health Issues , Medical Malpractice , Motorcycle Accidents , Negligent Security , Pedestrian Injuries , Playground & Recreation Injuries , Slip & Fall Injuries , Sport Related Injuries , Swimming Pool & Aquatic Injuries , Traffic Citations , Train Accident & Injuries , Trucking Accidents

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As a Jacksonville Florida child injury lawyer, I feel that it is my responsibility to share my experience and expertise with others not only as a lawyer but also as a safety advocate. Parents, teachers, volunteers, day care workers, and child care workers can take action to better supervise children and the playgrounds in the community. The National Program for Playground Safety is a non profit organization that promotes playground safety in Florida and other states. A Quick Checklist and other valuable tips can be accessed at the National Program for Playground Safety web site.

Unfortunately, many children are injured every year on Florida playgrounds due to defective equipment, poor maintenance, bullying, and the lack of proper supervision by adults charged with the responsibility of watching our children. If you feel that your child has been injured by negligence at a Florida playground, call a Florida child injury lawyer for advice and guidance.

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

Posted In: Attractive Nuisances , Child Safety , Crimes Against Children , Day Care Centers and Child Care , Playground & Recreation Injuries , Sport Related Injuries , Swimming Pool & Aquatic Injuries

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The Florida Times Union newspaper web site has a tool to research summer camps in Jacksonville Florida. The 2008 Summer Camp Directory should be used by every parent and caregiver making a decision about summer camps. Parents should be careful when selecting a summer camp. Look at the decision like you would for day care or school. The adult and teenage counselors will have the responsibility for watching over and supervising your children. Injuries to children and other incidents can happen at a summer camp in Jacksonville Florida. The careful selection of a summer camp may help avoid these problems in the future. Accidents do happen at summer camps. Some incidents are caused by the negligence of the summer camp and its counselors. Others are not. If there is an injury at a summer camp, day care center, or school - it is important to get legal advice from a Jacksonville Florida personal injury attorney to understand and pursue the rights of the injured child.

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

Posted In: Attractions & Theme Parks , Attractive Nuisances , Boating Accidents , Child Safety , Day Care Centers and Child Care , Education , Playground & Recreation Injuries , School Safety , Sport Related Injuries , Swimming Pool & Aquatic Injuries , Wrongful Death

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Jacksonville Florida has great weather and waterways. While boating can be fun and enjoyable, it can also bring about tragedy and death.

George Rosborough, age 19, was killed and Kimberly Anaheim, age 18, was seriously injured in a recent boating accident in Durbin Creek. The location of the accident is just a few miles from my home. The boating accident also involved Kyle Broberg, age 18. who was operating a 16 foot open jet boat. The Florida Wildlife Commission is investigating the incident. The accident victims were all young which may be an indication (in part) of limited experience and poor judgment. Since there was a death and serious injuries, a full investigation will be completed. Like a Jacksonville Florida automobile accident, civil liability will be predicated on negligence. Navigation laws and rules, of course, will control rather than traffic laws and rules. Since this incident involves boating laws, insurance laws, and a host of other issues, it may be helpful for each person to secure the services of an experienced Jacksonville Florida personal injury attorney for guidance and possible representation. You can read more about this tragic boating accident at Jacksonville Florida Man Killed in Boating Accident.

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

Posted In: Boating Accidents , Child Safety , Swimming Pool & Aquatic Injuries , 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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Two Southwest Florida children under the page of 5 recently drowned and several other children experienced a close drowning situation. The State Florida holds the unfortunate title of number one state of drownings as compared with other states. According to the Center for Disease Control ( CDC ), drowning is the number one cause of death among Florida children aged 1 to 4 years old.

The Center for Disease Control identified swimming pools as the leading location for drownings of pre-school aged children. Fencing, alarms, swimming lessons, and most importantly close adult supervision can save lives and prevent injury to children. The following tips were reported in the Naples Florida - Naples Daily News:

• Designate an adult to supervise the children. Make sure that the adult is not engaged in any other distracting activities;

• Encourage children to swim with someone else;

• Learn CPR. It takes time for paramedics to show up;

• Inflatable toys are not substitute for a proper fitting life jacket; and

• Install a four feet fence around the pool (It's the law).

Swimming pools and oceans are places where fun takes place. Unfortunately, they are also the site of many tragedies. Parents, caregivers, and lifeguards should do everything possible to supervise their children.

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

Posted In: Swimming Pool & Aquatic Injuries

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In response to an incident where a 5 year old Yulee Florida boy was hit and injured by a vehicle on the beach, Jacksonville Florida officials have set temporary restrictions for parking and driving at Huguenot Memorial Park beach. There were prior discussions about restricting driving and parking at this beach, which is the only beach in Duval County where cars and trucks are allowed on the beach. Advocates for beach and public access oppose such restrictions. I believe that reasonable restrictions will protect and save children from serious injuries and wrongful death from auto accident related injuries.

The incident involving the 5 year old Yulee boy is being investigated by the Florida Highway Patrol. A truck ran over the boy while he was playing in the sand. You can read more about the debate over restrictions at Jacksonville Florida Huguenot Beach Posts Shoreline Signs Following Injuries to 5 Year Old.

Under Florida law, a child under the age of 6 cannot be determined to be negligence for his or her actions. As such, the child regarding the Huguenot Park incident can not be held responsible for his actions.

Legal issues involving children can be complicated. A Jacksonville personal injury lawyer should be able to give a parent guidance on the varied issues that present themselves with a child injury matter.

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

Posted In: Automobile Accidents , Automobile Insurance , Child Safety , Pedestrian Injuries , Playground & Recreation Injuries , Swimming Pool & Aquatic Injuries , Traffic Citations

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I read an interesting article online about the ABCs of Water Safety. Florida is the number state for drowning deaths and other injuries. As such, there are a great many of Florida children who die or are otherwise unnecessarily injured by preventable drownings. The ABCs of Water Safety are as follows:

A Adults should have eye contact with children around all forms of water
including pools, lakes, canals, oceans, and other water ways. A child can
apparently drown in as little as one inch of water.

B Barriers protecting Florida children and water can save a life. According to an
Arizona study, over 90 % of injuries would have been avoided with a proper
barrier. Barriers include fences, screen enclosures, and fences / gates around
pools. Many homeowners pick style over safety and do not have barriers in
place. This is short sighted thinking especially in homes where children live or
where children visit.

C CPR classes are vital for adults and children so that everyone knows what to do
in an emergency.

Florida homeowners insurance will cover most injuries / deaths involving drownings. It is far better to take a close look at your safety measures first and then your homeowners policy.

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

Posted In: Child Safety , Swimming Pool & Aquatic Injuries , Wrongful Death

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A 4 year old girl died recently when she drowned in a swimming pool outside of her family's new home.