Articles Posted in Negligent Security

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A Florida babysitter was arrested in the Daytona Beach area for felony child neglect after she came up with the bad and dangerous idea of putting a stroller containing an eight-month-old baby into the back of a Dodge Ram pickup truck. The driver of the Dodge Ram, who was identified as “Mr. B. White,” began to drive around on two of the county’s busiest roadways until police were able to successfully pull the vehicle over after multiple 911 calls from alarmed motorists. Though it is unclear the babysitter, Keyona Davis, chose to put the baby in the truck bed instead of the cab, police say that the incident could have led to serious injury or death. Thankfully, the eight-month old was not injured during the incident and is now safely with his mother while Davis sits in Volusia County jail in lieu of $5,000 bond.

Common sense and diligent supervision are vital to the well being and protection of a child under the care of a babysitter, day care center, or child care center in Florida. Unfortunately, many child care providers put children at risk for serious personal injury and even death in some instances.

To look at some steps that could help you avoid being in a similar situation as this one see, Hiring a babysitter or nanny.
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window%20guard.jpgChildren falling from windows and balconies may seem rare but these tragic events occur more frequently then you may think. In fact, falls cause approximately 2.5 million injuries, which require hospital treatment, in children 14 under. Accounting for more than 50% of those falls, are children under the age of 5-years-old. Plus, 80% of these types of accidents occur within the home.

It has been suggested by child experts that a window screen is an insufficient method to protect one’s child from falling out of a window; a child window guard would be the optimal preventative measure.

It is a parent’s primary responsibility to protect and supervise his or her child. However, even the most attentive parent can be distracted. Inevitable distractions coupled with the fact that the majority of falls occur during the time of day when children are most active (e.g., during the hours of playtime) are the main factors to support the installation of a child window guard. These factors present themselves too frequently. A parent can be watching their child, mid-afternoon, and the phone rings. The parent leaves the room to answer the phone and is gone for no more than 10 seconds. Although short in time, this duration is actually long enough to result in a terrible accident. Installing a child window guard would not only shield parents and their children from experiencing a fall, but it would also give an additional sense of security throughout the home; something every family could use. Window guards at homes, schools, day care centers, and other locations where children are present can also protect other children as well. The investment in a proper window guard system is well worth the protection it can provide to children.

DogAttack.jpgA three year old Orlando boy was seriously injured when he was attacked by a neighbor’s dog. The child was reportedly playing with his parents in their yard, when the child’s parents noticed that their family dog was acting out of character.

Soon after, a strange pit bull ran into the yard and bit the child in the face. The family’s dog chased the pit bull off while the parents rushed the child into the house. Deputies who responded to the incident tried to corner the pit bull and were forced to shoot and kill the dog when it attempted to charge them.

The boy was rushed to the hospital with serious injuries including lacerations on head; the child’s father was injured in the attack as well. Neighbors are quite upset that someone would let an aggressive pit bull wander around the neighborhood unattended. Police have still not identified the dog’s owners.

Police%20Sirens.jpgA German Shepherd K-9 unit escaped from Sarasota, Florida Police Officer Sean Gleason and attacked 12-year-old Angela Berk as she rode down the street on an electric scooter. The girl required 14 stitches in her right leg. She was unable to take pain medication because of the interaction with her medication for utism. The dog was allowed to continue working as a K-9 unit until he was retired for old age some time later.

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

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

Sports%20baseball%20on%20grey%20background.jpgTwelve-year old Jennifer Valdivia was attending a Florida Marlins vs. Philadelphia Phillies baseball game last July when Ryan Howard hit his 200th career home run. Jennifer was lucky enough to catch the ball, but Howard apparently wanted the ball back.

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

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

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

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Florida has a specific statute in place that deals with liability for injuries to trespassers. The liability of the land owner or the property owner would depend on the injured person’s status as well as the conduct of the land owner or property owner. The statute does not absolutely bar liability for injuries to a trespasser but definitely puts protections in p;lace for the land owner and the property owner. You can read the statute at Section 768.075 Florida Statutes – Immunity from liability for injury to trespassers on real property

Due to the confusing nature of the statute and other applicable laws, it helpful to have the advice, counsel, and representation of a Florida child injury lawyer in premises liability matters. As basic advice for property owners, it makes sense for property owners to have signs posted, fences in place, and dangerous conditions removed from the property. As basic advice for parents and guardians, it makes sense to keep children away from unknown areas, to advise children to stay away from areas that are unsafe, to advise children to stay away from areas that they do not belong or are not invited, and to otherwise keep children safe.

In Florida, victims of crimes including child victims can apply for compensation of up to $50,000 from the government. Each incident and case is evaluated by the government on its own merits. If you or a family member has been the victim of a crime, you can contact your local county police department or state attorney’s office for information and application for Victim of Crimes Compensation. In Jacksonville Florida – Duval County, the contact information is located at the City of Jacksonville Web Site at Services for Crime Victims.

Chapter 960, Florida Statutes is the applicable law on point.