Florida Child Injury Lawyer Blog

The Florida wrongful death of a child deprives a parent of the enjoyment or even the experience of many parent - child life events that take place after the child graduates from high school. A parent can be awarded damages for past pain and suffering and for future pain and suffering. The damages that form the future pain and suffering can be in the form of life events that the parent would have been able to experience after the child graduated from high school. During the duration of the parent / child relationship, high school graduation is a point in time that is a beginning sorts in the life cycle. Many important life events take place after high school graduation that could have brought much joy to a parent including:

College Years. When a child attends college, it brings with it a whole host of experiences and times together between a parent and child. The college search is often a mission shared by the parent and child. Which colleges should be visited? Which colleges should be applied to? Typically, the parent serves as a mentor, guide, and friend in helping his or her child select a college. Once the child attends college, the parent often enjoys visits, parents' weekend, football games, and other events that a parent can share with a child. Take a look at bumper and window stickers. There are thousands if not millions of stickers that state something like - Miami Hurricane Dad or Gator Mom. For those who lose a child prior to the college years, there will be no place for a bumper stick or T-Shirt like this.

College Graduation. After years of hard work and dedicated study, the time comes for a child to graduate from college. It is not only an accomplishment for the child but also for the parent who mentored the child and helped the child financially and emotionally to achieve the milestone of a college degree. There will be no photographs or videotapes of college graduation for the parent who loses a child due to the wrongful or negligent acts of others.

First Career Job. It is common to ask a person about their children. One common question involves the following: What does your son do for a living? Where does your daughter work? Seeing a child grow into a productive person in society is a wonderful thing. Whether the job is simple or brings fame and fortune matters less than the fact that the child is contributing to society and the betterment of the community. Again, one less life event that the parent will be able to see during the parent's lifetime.

Marriage. There is tradition and ceremony to most weddings. The parents of the bride and groom are an important part of the event from the planning stages to the fond farewell drive after the ceremony right through the party. It is both wonderful and amazing to see a child get married and start a new chapter in their life. When a child dies early in life, there are no wedding plans, ceremonies, or wedding bells. There is just silence and thoughts of what might have been if the child did not die so early on in life.

Grandchildren. While it is difficult to predict of a child would have been a parent him or herself, the opportunities and dreams are effectively closed down when a child dies as a result of the wrongful acts or conduct of others.

Retirement and Old Age of the Parent. In the sunset of the life of a parent, there will be times when the love, comfort, and support of the child are the strongest in the relationship between a parent and child. When a child dies due to a wrongful death incident or event, the parent then misses out on the parent / child relationship when the parent may need it the most. Typically, a parent has the knowledge and comfort of life time companionship and friendship when he or she has a child. Of course, this comfort and security of sorts are lost when the child suffers an untimely and preventable death.

Beyond high school graduation, there are many life events that a parent of a deceased child misses out on. Both the day to day joys as well as the milestone joys like weddings and graduations are lost.

The Florida wrongful death of a child is an event that can and does have a lifetime effect on parents and other family members. In Florida, a parent can be awarded damages for the mental pain and suffering associated with the death or loss of a child. Whether the cause is an automobile accident, bicycle accident, pedestrian accident, or some other cause, the case must be filed pursuant to Chapter 768, Florida Statutes which is the Florida Wrongful Death Act.

The measure of damages can involve the joint life expectancy of the parent and child. In considering the emotional damages associated with a death of a child, a jury can consider the various life events that a parent will miss during the child's lifetime which often times include the following:

First Day of School. When a child dies a very young age, a parent will miss out on the life event of the child's first day of school. This is a milestone that is important to the child and parent alike. Plans are made and anticipation is high for this special day. The importance of the day is highlighted by the bond of the parent / child. There is no first day of school when a child dies at such a young age. It is certainly a life event that can never been replaced or replicated.

First Little League Game or Recital. This is another important milestone or event that is witnessed and enjoyed by parents. Whether the child's performance is the best of the team or worst - it does not matter as the importance lies in the participation and the enjoyment of the game or the performance.

Graduation from Elementary School or Middle School. There is often times great joy and sharing at these ceremonies or times in a child's life. Moving on to the next school means that the child has accomplished a number of things and is moving on to the next challenge in life. In the audience of these events, you will see parent after parent eagerly awaiting the announcement of his or her child's name. It is quite a sad notion to think about the parent whose child's name will never been called and whose child will never graduate or grow up with the other children in the class.

Birthday Parties. This child's birthday party may be celebrated or remembered but the birthday boy or girl will not be in attendance. The child's birthday and the general time period before and after the important date can be a quite challenging time period every year for the grieving parent. Year after year, the child's birthday will come and go.

First Date . . . Prom. While the first date and prom take place in the early to mid teenage years, the parents often times are intricately involved with the planning and anticipation of these life events. The first date or prom is often a great time to take photos and help preserve memories of the special date. When a child dies before his or her teenage years, the first date / prom is an event that a parent will never see or help his or her child prepare for or anticipate.

High School Graduation. For both child and parent, the high school graduation is typically not seen as the end . . . but the beginning of young adulthood and / or further education for the child. The parent / child relationship certainly does not end at high school graduation but merely enters another great stage of the parent / child relationship. The high school graduation ceremonies filled with caps, gowns, and dreams of tomorrow are as much for the graduating child as for the parents and family. When a child dies before his or her high school graduation, the beginning of the dream of tomorrow and promises of the future never happen. There will always be the thoughts for the parent of what could have been or what may have happened.

A serious, tragic automobile accident was reported in Manatee County, Florida. Brett Wagner, who was only 18 years old at the time of the crash, died as a result of head trauma from this Florida Automobile Accident. It was reported that the accident took place on State Road 64 at Rye Road. Joshua Rogers, age 18 as well, was driving the vehicle that was occupied by Brett before he was ejected.

There are often times a number of legal and insurance issues involved with a Florida Automobile Accident. This is especially true when a person dies or a person suffers serious personal injuries as a result of the automobile accident. A Florida Automobile Accident Attorney can assist the family with many of these issues.

Florida Automobile Accident cases are governed by Chapter 316, Florida Statutes (Traffic Regulations), Chapter 627, Florida Statutes (Automobile Insurance), and Chapter 768, Florida Statutes (Florida Wrongful Death Act).

A Florida Automobile Accident case requires knowledge of the above statutes. It is important for the family to be properly advised by a Florida Personal Injury Attorney regarding these statutes, available insurance, fault / liability, damages, medical bills / medical treatment, and the other issues involved with cases of this nature.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Automobile Accidents, Medical Bills / Medical Treatment, Damages / Compensation, and other issues. You can receive a free copy of this book at The ABCs of Child Injury.

In Florida, children are, at times, victims of accidental shootings. Some of these unfortunate incidents result in the untimely death of the child. The Tampa Tribune and the Orlando Sentinel reported that Kaylen Torres - age 2 - was shot in the accident from a bullet from a gun that accidentally discharged in her home. The gun was mistakenly fired by a relative in another room. The bullet went through the wall and struck Kaylen in the had. She was transported to Arnold Palmer Hospital for Children in Orlando Florida where she died with her parents at her side.

It is often times the worst time in the life of a parent to bury or say goodbye to a child. It is at these times that the parents need the support of their families, neighborhood, church, and community to help them through the grieving process. No legal action - whether civil or criminal - can bring the child back to life; nevertheless, legal cases often times result from accidental shootings that involve legal representation from a Florida criminal defense attorney, State Attorney, Public Defender, and, when appropriate, a Florida Personal Injury Attorney. See also The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know.

The accidental shooting death of a child is a life event that no parent can or should ever be prepared for. Many of these incidents, while unforeseeable, are most preventable with the practice and exercise of gun safety and proper storage of guns in the home. Florida and the United States allows individuals and homeowners to own guns. With these legal rights come the responsibility to act sensibly and in the best interest of all those who may be near a gun including children.

When a child dies as a result of a Florida accidental shooting, there are often times criminal cases and civil cases pursued. Following the shooting, police will perform a homicide investigation. The report will details the course of events leading up to the shooting and will often times contain information concerning the details of the gun, the storage of the gun, use of the gun, ownership of the gun, and what safety measures (if any) were taken to prevent the accidental shooting from taking place.

The unexpected and tragic death of a child can and does have a lasting effect on the parents. One can never prepare for the tragic loss of a young child due to an automobile accident, school injury, day care center injury, swimming / drowning injury, medical malpractice, bicycle accident, pedestrian accident, or other event.

The Wrongful Death of a child is governed by Chapter 768, Florida Statutes and related case law. It is important that the statutes are followed and that cases are pursued according to the requirements and formalities of Florida. Because of this, it is important for a family to retain the services of a Florida Personal Injury Lawyer when pursuing a case for the wrongful death of a child.

These days, it is common for parents to be divorced. Following the divorce, arrangements are made for visitation and custody in Florida. In most cases, one parent has the primary residential resposibility or primary custody of the child. The other parent has visitation and typically some overnight stays as part of an agreement or court order. After a divorce, both parents still have responsibilities and bonds with the child. When a child dies as a result of the wrongful or negligent acts of another person, business, or government entity, both parents (whether married, divorced, or never married) have a right to an award of pain and suffering related damages for the loss of a child.

In McDonald v. Forman, 238 So.2d 131 (Fla. 4th D.C.A. 1970), the case involved the death of a minor child. The wrongful death of the child occurred while the parents were still married. Subsequent to the death of the child, the parents divorced. The Court ruled that both parents had a right to recover for pain and suffering damages and related compensation for the death of the child. The Fourth District Court of Appeal noted that the legal custody of the child is immaterial for purposes of qualifying a parent for wrongful death damages for the death of the child. In other words, both parents have a right to recover damages for the loss or wrongful death of the child.

The wrongful death of a child is an event that can and does have a lifelong effect on a grieving parent. The Florida Courts have addressed the issue of damages awardable toa parent in a number of cases.

Due to the complexities of Florida law, a parent should consult with a Florida Personal Injury Attorney regarding the various issues that arise in these kind of cases. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know has chapters on Swimming and Water Park Injuries, Automobile Accidents, School Injuries, Day Care Center Injuries, Damages / Compensation, Medical Treatment / Medical Care, and other topics. You can received this book for free at The ABCs of Child Injury.

In Gross Builders, Inc. v. Powell, 441 So.2d 1142 (Fla. 2nd D.C.A. 1983), a Florida wrongful death lawsuit was filed against an apartment complex where the family had resided. The Second District Court of Appeal in its opinion noted that Section 768.21, Florida Statutes, provided that each parent of a decased minor child could be awarded damages for pain and suffering. The Court also noted that a jury could consider the joint life expectancies of the child and the parents in making the decision as to the award of reasonable and appropriate damages. This case centered around the tragic death of Franz Powell, age 3. It was reported that Franz drowned in the apartment complex swimming pool. The jury returned a verdict in favor of the family. In considering and entering the verdict on this case, the Judge gave the jury instructions as to wrongful death damages and guides.

The trial judge instructed the jury that Florida's Wrongful Death Act provided that parents of a deceased minor child are entitled to recover pain and suffering related damages following the death of the child. Florida law allows a jury to consider the joint life expectancies of the parents and child to award damages. Florida law recognizes that a parent's pain and suffering associated with the loss of a child can and does extend well beyond the child's age of minority. In other words, the grief or loss of a child does not stop at the age of 18 or 21 but can and does extend to the lifetime of the parent. Had the child lived, the parent would have been able to spend and enjoy years upon years of the parent / child relationship. Tragically, these years are robbed from the parent when a negligent or careless act causes the untimely and preventable death of a child.

In Florida, children enrolled in elementary, middle, and high schools are at risks for hazing incidents. Even when a child enters and goes to college, a child is still at risks for injuries (both physical and psychological) from hazing related events and rituals.

When personal injuries result from hazing related activities, a Florida Child Injury Lawyer can represent the child in a claim or case against the school and, in some instances, the homeowner's insurance for other children involved in the bullying activities. The legal and insurance issues involving in hazing related personal injury cases can be extremely complicated. Because of this, it is often times helpful to have legal representation to enforce the rights of the child victim of bullying.

Florida enacted Section 1006.135, Florida Statutes in an effort to prevent or reduce the incidents of hazing. This Florida criminal statute makes certain hazing activities of third degree felony or a first degree misdemeanor depending on the facts of the case.

How is "Hazing" defined under Florida Law? Pursuant to Section 1006.135 (1), Florida Statutes, hazing is defined as "any action or situation that recklessly or intentionally endangers the mental or physical health or safety of a student . . . " and includes pressuring or coercing the student into violating state or federal law, any brutality of a physical nature, such as whipping, beating, branding, exposure to the elements, forced consumption of any food, liquor, drug, or other substance, or other forced physical activity that could adversely affect the physical health or safety of the student, and also includes any activity that would subject the student to extreme mental stress, such as sleep deprivation, forced exclusion from social contact, forced conduct that could result in extreme embarrassment, or other forced activity that could adversely affect the mental health or dignity of the student. "

Many people do not like the term "hazing" but prefer to use the term "tradition", "ritual", or "fun". Whatever label or name that is applied, there should be no mistaking bad conduct that results in physical or emotional injury or harm to a child. The death of Robert Champion brought to light the dangers and evils of hazing. Robert Champion was a member of the FAMU Marching Band which is an organization that is well known throughout the country. In prior years, the FAMU Marching Band was known for his music, style, and performances. Unfortunately, with the death of Robert Champion and accounts of other hazing incident, the FAMU Band is now known for something quite different than musical performances. What has been a tradition and ritual of sorts can and does cause serious personal injuries and, in some instances death. See Final Autopsy Report of Robert Champion Details Personal Injuries of College Student.

The book titled The ABCs of Child Injury - Legal Rights of the Injured Child - What Ever Parent Should Know - has chapters on School Injuries, Day Care Center Injuries, Automobile Accidents, Damages / Compensation, Medical Bills / Medical Treatment, and other topics. You can receive a free copy of this book at The ABCs of Child Injury.

In Florida, the death of a child can and does have a life long impact on a parent. While the death of a child in some cases speaks for itself, in most cases, the relationship between the parent and child is explored to determine how close or how distant the relationship was between the parent and child. While there are no formulas per se in place to compensate a parent for the loss or death of a child in Florida, a jury can consider the quality of the relationship and the efforts put in place by the parent to care for and spend time with the child during the child's lifetime. Typically, the closer the relationship and stronger bond between parent / child result in a larger verdict or settlement in favor of the grieving parent for the untimely and wrongful death of the child. Because of the complexities of a Florida Wrongful Death case, parents should hire a Florida Personal Injury Attorney to review the facts and pursue the case / claim on behalf of the estate and parents.

In Collins v. Florida Towing Corporation Et. Al. , 262 So.2d 459 (Fla. 1st D.C.A. 1972), a lawsuit was filed against the Florida Towing Corporation and Commodores Point Terminal Corporation for the drowning death of a child. The personal representative of the estate of the minor child alleged that the Defendant was negligent by allowing a dangerous condition on the property that constituted an Attractive Nuisance or lure to children in the area. As a result of the alleged negligence or dangerous condition on the property, the plaintiff alleged that the child drowned. Thereafter, the Florida wrongful death lawsuit was filed for damages / compensation for the death of the child. In this case, the jury entered a verdict in favor of the Defendants except for a small award for funeral expenses. The Plaintiff appealed the verdict, in part, due to the admission of evidence that the father had prior to the death of the child abandoned his wife and children to live with another woman at a location that was from from the residence of the wife and children. The Plaintiff argued that the evidence was prejudicial and therefore constituted grounds for a new trial. The First District Court of Appeal ruled that the evidence was admissible and noted that the jury was entitled to know this information in making a determination as to a damage award to the Plaintiff.

In the Collins case, the jury and judge ultimately did not award any compensation for pain and suffering to the parents. In the case, there was a problem with liability as well as the damages suffered by the parent. The Collins case shows that evidence regarding the quality of the relationship as well as acts prior to the death of the child can be considered by the jury in a Florida Wrongful Death case.

In Florida and other States, parent / child relationships have their good days and bad days. There are no perfect parents out there but, in the eyes of a jury, there are probably some parents who are more deserving than other parents when entering an award for damages. The loss or death of a child can and does have a lasting effect on most every parent. Yes, there are some parents who abandon their children or never see their children, but most parents have an emotional bond of some kind with their children and deserve to be compensated when there is negligence or fault that causes the wrongful death of a child. The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Automobile Accidents, Damages / Compensation, Medical Bills / Medical Treatment, Water Park and Swimming Injuries, and other topics. You can receive this book for free at The ABCs of Child Injury.

In Florida, children are victims of accidental drownings in residential pools, resort pools, hotel pools, rivers, ponds, canals, lakes, and water parks. In many of these drowning incidents, the person responsible for supervising the child fails to provide appropriate supervision. Sometimes, there is a maintenance or facility defect in the pool or at the water park. If negligence causes or significantly contributes to the Florida Wrongful death / drowning of a child, a parent can bring a wrongful death lawsuit against the responsible person and / or business. The Florida Wrongful Death of a minor child can be very complicated from a legal standpoint. There are many laws and statutes on point as well cases that deal with Florida Wrongful Death cases. A Florida Personal Injury / Florida Child Injury Lawyer can help a family through the legal issues of a wrongful death case including the setting up of an estate, reviewing insurance documents, reviewing police reports and autopsy reports, assessing liability, hiring investigators, reviewing medical records, review medical bills, pursuing a liability claim, and, when necessary, litigating the case to enforce the rights of the grieving parents to compensation for the wrongful death of the child.

Florida Wrongful Death cases are governed by Chapter 768, Florida Statutes. In Section 768.20, Florida Statutes, the Florida Legislature designates the person who can bring a wrongful death case on behalf of a child. In this Florida Statute, the lawsuit or claim must be brought by the personal representative of the estate of the child. Even if the child died without any assets and was a minor at the time of the death, an estate must be set up through a Florida Probate Court and must appoint a personal representative to pursue the lawsuit on behalf of the estate and the statutory survivors of the child.

There was an interesting legal case a few years ago that dealt with the drowning death of a minor child. In Hudson v. Moss - 653 So.2d 1071 (Fla. 5th D.C.A. 1995), the parents of a minor child filed a lawsuit against the owners of a residential swimming pool for the drowning death of the minor child. The jury determined that the swimming pool owners were 10 % at fault and the father of the child was 90 % at fault. It appears that the mother was not present at the home at the time of the drowning so no fault was assessed against the child's mother. The jury awarded damages to each parent in the amount of $500,000 each. The mother's award was reduced by her percentage of fault. The father was awarded 100 % of his damages from the pool owners even though the pool owners were only assessed 10 % of the fault. The Fifth District Court of Appeal noted the Section 768.20, Florida Statutes provided that "a defense that would bar or reduce a survivor's recovery if he were the plaintiff may be assessed against him, but shall not affect the recovery of any other survivor." Because of this Florida Statute and the Court's legal interpretation of the same, the mother's award in this case was not affected or reduced in any way due the negligence of the father.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Water Park Injuries and Drownings, Damages / Compensation, Medical Bills / Medical Treatment and other topics. Get a free copy of this book at The ABCs of Child Injury.

In Florida and other states, parents lose a child due to the wrongful or negligent acts of another person or business. The Florida Wrongful Death of a child is a tragedy that a parent and family never recover from. A parent can never be prepared for the untimely death of a child from an automobile accident, pedestrian accident, bicycle accident, medical malpractice, or another incident. A Florida wrongful death attorney who handled child injury death matters can assist a parent through the complicated process of a Florida Wrongful death case.

A biological parent has rights to pursue damages as the result of the wrongful death of a child in the State of Florida. In some instances, the paternity or parenthood of a child had not been established prior to the death of the child. A formal marriage between the parents at the time of birth should not be and is not the legal prerequisite to bringing a wrongful death case when a child dies in the State of Florida.

In Wilcox vs. Jones - 346 So.2d 1037 (Fla. App. 1977), the issue presented before the Florida Appellate Court was whether a father (parent) of an illegitimate child may recover for the wrongful death of the illegitimate child. The Florida Court noted that a prior decision in Florida recognized the right of a mother of an illegitimate child to recover wrongful death damages for a child. The rights of the mother were clearly supported by Florida law. The Florida court noted that the natural father (biological father) is not less a parent than the natural mother (biological mother). Furthermore, it would be a violation of the equal protection clause of the State of Florida Constitution and the United States Constitution to recognize the parents differently.

The loss of a child due to a tragic but preventable incident is an event that is compensable in the State of Florida pursuant to Chapter 768 - Florida's Wrongful Death Act. Damages in the form of loss of support and services as well as pain and suffering type of damages can be pursued through the services and actions of a Florida personal injury lawyer.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Automobile Accidents, Medical Treatment / Medical Care, Damages / Compensation, and other topics. See The ABCs of Child Injury.

In Florida and other states, children are the unfortunate victims of pedestrian / automobile accidents that cause the untimely and wrongful death of children. Wrongful death cases in Florida are governed by Chapter 768 - Florida Statutes which is titled the Florida Wrongful Death Act. It is important for drivers of motor vehicles in Florida to drive with the utmost of caution when there are children in the area. This would include school bus zones, school zones, playgrounds, and residential areas. A Florida Wrongful Death case filed due to the untimely and negligent death of a child can be very complicated. There are many issues and facts facing a parent with these Florida legal cases. A Florida Child Personal Injury Lawyer can guide, counsel, and represent parents in these legal matters. See also The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know.

In Metropolitan Dade County v. Dillon - 305 So.2d 36 (Fla. 1974), Darlene Dillon, age six, was the unfortunate and tragic victim of a Florida automobile / pedestrian accident that caused her death. The case went to a jury trial and the jury entered a verdict for compensation to the Darlene's parents. Dade County and its lawyers appealed the verdict all the way up to the Supreme Court of Florida. Florida's highest court affirmed the verdict award for the family. In this case, a garbage truck driver, who was looking in his rear view mirror observing the activities of his co-workers, ran over Darlene. It was reported that the truck had travelled 105 feet before striking the child. One of the pedestrian accident witnesses reported that Darlene's body flipped through the air "like a rag doll".

The appeal dealt with issues of liability or fault for the pedestrian / automobile accident. The Supreme Court of Florida ruled that the parents had in fact proved their case against the County for causing the accident and death of this Florida child. The record from the trial included evidence that the driver of the county garbage truck violated Dade County traffic ordinances and was being operated in an area designated for pedestrians like Darlene. While each side had presented arguments and circumstantial evidence on this and other points, the Supreme Court of Florida ruled that the jury had sufficient evidence to support the verdict.

In Florida, the general law provides that the violation of these traffic ordinances normally constitute prima facie evidence of negligence which can be overcome and challenged by other evidence. This means that the violation of the ordinances can be used as evidence of negligence or fault but does not automatically guarantee a win or victory on the case.

In the Florida, children under the age of 6 years old cannot be negligent or partially at fault as a matter of law. Children, who are 6 years old and older, can be held to be negligent. The child's age and maturity can be considered in assessing whether the child was at fault or partially at fault for the automobile accident / pedestrian accident. As noted in Swindell v. Hellkamp - 242 So.2d 708 (Fla. 1971), a child under six is conclusively presumed to be incapable of committing contributory negligence.

In Metropolitan Dade County v. Dillon, the jury determined that the 6 year old child was not at fault and the Supreme Court of Florida affirmed this verdict. The Supreme Court of Florida cited Foulk v. Perkins - (Fla. App. 1966) and noted that "Moreover, one who si not in a position to appreciate or apprehend the danger to which he is exposed can hardly be deemed guilty of contributory (comparative) negligence.

Florida's year round weather allows bicyclists and pedestrians to be out on the sidewalks, and streets virtually every day. The Florida Department of Transporation is trying to prevent pr aty least reduce the number of incidents leading to personal injuries / deaths to bicyclists and pedestrians in Florida. See Campaign Aims to Stop Bike and Pedestrian Personal Injuries and Deaths.

It is important for drivers to slow down in any area where there are bicycle riders or pedestrians. This is especially important when there are children riding bicycles or walking on or near the streets and roadways. It is also important for all drivers to follow and obey Florida traffic rules and regulations and otherwise drive with caution depending on weather conditions and traffic. See Florida Traffic Rules and Regulations - Frequently Asked Questions.

In Titusville, Florida,a terrible and tragic lawn mower accident took the life of a Titusville toddler. It was rported by the Titusville Police Departmentt that the 19 month toddler was riding in a trailer attached to a lawn mower. The toddler fell out of the trailer, hit his head, and then was run over. Titusville Fire Rescue responded to the scene and the injured Florida child was airlifted to Parrish Medical Center. Unfortunately, the child died as a result of the lawnmower accident injuries. See Titusville Florida Toddler Dies as a Result of a Lawnmower Incident.

Serious injuries to children take place at home or the homes of friends and relatives. Yes, even simple activities at the home or outside the home can lead to serious injuries and in this case even death.

Lawnmowers are tools over everything else. At times, lawnmower owners and operators use the tools for transportation and, yes, to entertain children. Anytime, a child is towed or carried in any trailer or item with wheels - safety measures should be followed including the use of safety belts and helmets. If an item is not designed to transport a child, then it should not be used.

When a child is injured as a result of an incident that took place at the home of a friend, neighbor, or yes a family member (other than a parent), there are often times questions as to the rights of the child including the payment of medical bills, the provision of medical treatment, the availabaility of insurance, and other issues. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - covers these topics and many others. The book is provided to parents and other caregivers for free at Free Book to Parents Searching for Answers When There is a Child Injury - The ABCs of Child Injury.

In the Tampa Bay area of Florida, it was recently reported that an baby (9 months old) died while following serious personal injuries that the child received from being repeatedly dropped on a tiled floor. Criminal charges will be pursued for the death of this child against the babysitter - Joseph Kenneth Oliver, Jr. It was reported that Mr. Oliver dropped the baby on the floor out of frustration when the child was crying. Under Florida law, Mr. Oliver will be able to defend himself against the charges through the services of a Florida criminal defense attorney or the services of the Public Defender's Office. If the admissions as reported as admissible in the criminal case, it will be a tough case to defend against the criminal charges. See Baby Dropped On Tile Dies from Injuries - Criminal Prosecution of Babysitter.

It is quite tragic that a child died at such a young age. All caregivers including parents, babysitters, teachers, day care providers, grandparents, and others should realize that infants and children cry. It is a fact of life. The best way to handle a crying child is to remain calm and think through your actions. Never strike an infant or cause bodily harm to an infant for any reason. Whether the child is a perfect angel or cries all night, corporal punishment / physical violence is never ever the answer.

A 44 year old Tampa, Florida day care worker was arrested following the death of a 5 month old infant. The infant was under the care of Tina Toney Lark when he was found dead. According to officials, the 5 month old was found to have ingested large quantities of an anti-histamine. Police officials found over the counter sleeping pills that contained the same anti-histamine in the home of Lark. The drug was found stored in a basket containing an infant's pacifier. Lark could face the charge of aggravated manslaughter of a minor.

When choosing a day care, make sure it is licensed and insured. There are many rules and regulations required in order to be a licensed day care center or day care provider. Parents can check with the state regulating agency to verify a day care license. In the state of Florida, the Department of Children and Family is the agency in charge of regulating day care licenses. The department has strict rules regarding the storage of medications. Parents have the right to question day care centers and providers regarding their method for storing and administering medication to children in their care. For more information see, Tampa Day Care Worker Faces Criminal Charges for Death of 5 Month Old Boy- Aggravated Manslaughter.

The Delta Delta Delta Sorority from the University of Central Florida, located in Orlando, was recently put on probation for the alleged alcohol related death of a freshman student. Anne Hefferin, a member of the campus Tri Delt, sorority attended a fraternity party with Sigma Chi on August 24. The next morning Hefferin was found by her roommates unconscious in an apartment on the UCF campus. She died later that day. According to Hefferin's roommates, it was evident that she had been drinking.

The University is investigating the cause of death to determine what part (if any) the fraternity and the sorority played in the death of Hefferin's death. It has been determined that alcohol was available at the fraternity the night the party. This is a direct violation of the University of Central Florida's alcohol policy.

This is not the first incident involving alcohol and the Delta Delta Delta sorority In April, the sorority was sited by the University for alcohol related violations.

Under age drinking and alcohol related accidents are a problem on many college and university campuses around Florida and the rest of the United . University, State, and Greek Council officials are trying to prevent or reduce the number of alcohol related injuries and deaths by forbidding alcohol at registered events and putting other measures in please to stop the serving of alcohol during fraternity and sorority sponsored events. for more information regarding this story see UCF Sorority Placed on Probation Following Death of Freshman Student.

Dominic Andrews died at Jomida Learning Center in Homestead, Florida (Miami-Dade County). When a parent drops off a child at a day care center, a parent expects that the child is cared for in a safety, healthy, and supervised learning environment that serves the best interest of the child. This is not only common sense but it also the law. Florida Day Care Centers are regulated by the Florida Statutes and the Florida Administrative Code. There are laws and regulations in place as to indoor supervision, outdoor supervision, medications, transportation, attendance, medications, and many other aspects of day care and child care in and around the facility. The Florida Day Care Center has a duty to comply with the various Florida Administrative Code and Florida Statute provisions. Compliance is mandated. Facilities that follow the rules and regulations generally are able to avoid or prevent serious personal injuries or death to a child. Unfortunately and tragically in many instances, Florida Day Care Centers violates the law and / or takes short cuts and actions to save money at the expense of the child's health, safety and well-being.

The Florida Department of Children and Families and local law enforcement are investigating the death of Dominic Andrews who was only 18 months old at the time of his death. See Questions Remain In Toddler's Death At Day Care
Homicide Detectives Investigate Child's Death.

The investigation will address the following issues and other issues in an attempt to determine the cause and preventability of this child's death:

What time did Dominic Andrews arrive at the facility?

What documentation was written as to the arrival and supervision of Dominic Andrews?

How many children (including Dominic Andrews) were being cared for at the Florida Day Care Center?

How many children was Jomida Learning Center licensed to care for at the child care facility?

What was the staff-to-children ratio on the day of the incident?

Did the facility violate any Florida laws or regulations on the day of the incident as to the care and supervision of Dominic Andrews?

What were the results of the autopsy of Dominic Andrews?

Was the death of Dominic Andrews preventable?

When dealing with a tragedy of a child's death, the parents and family of Dominic Andrews will need the love and support of their close friends, church, and community. All the support in the world will not bring the child back to live but will help the family try to cope with the loss which will never ever be forgotten for the life time of the surviving family members.

You can read more information on Florida Day Care Centers at Frequently Asked Questions Regarding Florida Day Care Centers and the Florida Law. You can also receive a free copy of the book - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know. There are Chapters on Damages / Compensation, Day Center Injuries, and School Injuries. See also Florida Day Care Centers - What Rules / Laws Apply to Driver's Logs and Transporting of Children?

It is quite a tragic loss for a child to die in an automobile accident. Unfortunately, automobile accidents continue to be one of the leading causes of the death to teens in Florida and nationwide. Many such tragic deaths are avoidable with safer driving. It is important for all drivers to pay attention to speed limits, road signs, traffic, construction, and, yes, safety. Juan Zambrano was one of the victims in the Alligator Alley accident that involved a pick up truck and students from the Weston Area (Broward County, Florida). Juan, like most kids, was looking forward to his next birthday which would have been his 18th birthday. While 18 is the age of majority or adulthood in the State of Florida, most 18 year olds are still kids living at home with their parents. It is certainly a tough loss for the family, community, school, and church when a teen dies in an accident. See Birthday of Teen Killed in Crash Celebrated Friends and family celebrate Juan Zambrano's 18th Birthday Without Him.

In Florida, pick up trucks are found in every community - big, small, and in between. Many teen drivers are provided pick up trucks for transportation. Unfortunately, pick up trucks are often loaded up beyond capacity with unrestrained riders or passengers in the back of the truck. An accident involving a pick up truck with passengers in the bed can lead to catastrophic consequences. It was reported that a pick up truck accident crashed near Naples, Florida on Interstate 75 in the area near Mile Marker 92. The accident took place at approximately 8:30 p.m.

It was reported that the Dodge pick up truck went up on an unpaved median and then the driver overcorrected which, in turn, caused the truck to overturn. Some of the passengers, as a result of the impact and overturning, were thrown onto the pavement. The only occupant of the vehicle wearing a seat belt was the driver - Nickolas Wagy.

The driver, identified as Nickolas Wagy, 18, of Weston, suffered minor injuries. According to the report, he was the only one wearing a seatbelt. It was reported that 2 died in the pick up truck accident and 3 were injured. See Fellow Weston students mourn, pray for 2 Killed, 3 Injured in Alligator Alley Crash

Five of the six students attended Cypress Bay High School. The news was very stressful for the other students at the high school and the community as a whole.

A simple ride in a pick up truck can lead to deadly consequences. Pick up trucks were not manufactured (from a safety standpoint) to haul or transport passengers in the bed of the truck. Whether the trip is just around the corner or a longer journey, children and adults alike should avoid riding in a pick up truck. The driver and owner of the pick up truck should refrain from driving any person in the back of a pick up truck. Other arrangements can and should be made for the safety of children and adults alike.

The Florida Times Union has reported that Ashley Cowie, age 20, died recently from an accidental shooting at an off campus fraternity house in Tallahassee, Florida. It was reported that Evan Wilhelm, age 20 from Ponte Vedra, Floprida was showing his friends at the Lambda Chi Alpha fraternity house his rifle when it then accidentally discharged and hit Ashley Cowie and Keith Savino. Ashley Cowie was hit in the chest and died at the scene of this most tragic incident.

While we as American citizens have a right to bear arms or own firearms, we also have a responsibility to act with caution and safety. "With great power comes great responsibility." Fraternity parties, where there is typically drinking and horseplay, is no place for a firearm and really an inappropriate time to pull out a weapon to show friends. While there does not appear to be any malicious intent by Evan Wilhelm by any means, a better course of action would have been to have kept the firearm locked away and only brought out for safe cleaning and maintenance or for transport / use at a shooting range. Otherwise, keep the gun safeguarded at all time.

The death of Ashley Cowie is a great loss for the family, her friends, the Orange Park / Clay County community, and the FSU / Tallahassee community. A detailed investigation will be conducted to determine all the facts and circumstances of this tragedy. See FSU Student from Orange Park Killed in Fraternity Shooting.