Articles Posted in Wrongful Death

https://www.floridachildinjurylawyer.com/files/2017/08/Day-Care-Center-Hot-Van.001-150x150.jpegIn Florida and other warm weather States, the same tragic story seems to be reported every Spring and Summer.  A child is left by a day care center in a van or bus and dies as a result of hyperthermia.  The name of the child is different but the story seems to be the same.  The child was forgotten in the van or bus because roll call was not properly taken and double checked. These “Hot Car” or “Hot Van” deaths are among the easiest to prevent.  It does not require the investment of millions, thousands, or even hundreds of dollars to prevent.  It only requires a pen, paper, and the attentiveness of one staff member to prevent these deaths from taking place.  While it may be tedious to check and double check when children get on and off of a day care center or school bus – the mundane and tedious work is well worth the fact that the lives of children can be saved with this due diligence.  The fact is the we live in a world of distractions and multiple responsibilities on the part of day care centers and child care centers.  However, the fact that there are distractions and multiple responsibilities are never ever an excuse or defense to leaving a child alone in a hot van, car, or school bus.
A recent death of a 3 year old child in the Orlando area is yet one of many deaths reported when roll call or a head count was not properly completed.  When the temperature outside is in the 80s or 90s, the temperature inside in the vehicle can be 40 to 50 degrees or even hotter inside the vehicle.   In just a few minutes, a small child can go from healthy to dead when left alone and unattended in a hot day care center van, bus, or vehicle.  It was reported that Myles Hill, a 3 year old girl, was left on a day care center vehicle operated by Little Miracles Academy.  Following the death of the child, criminal charges were filed in the form of aggravated manslaughter by the State Attorney’s office.  You can read more about this topic at  3 Year Old Child Dies in Orlando Florida – Day Care Center Hot Van Death. 
When a child dies as a result of the negligence of a day care center, child care provider, summer camp, school, or other third party, the parents can file a wrongful death case against the responsible party, individual, and business.  In Florida, wrongful death cases are governed by both case law and statutes as set forth in Florida Statutes Chapter 768.

Swimming-Pool-Drowning-150x150In the State of Florida, warm weather allows for swimming and water related activities during most of the year. Of course, summer time is the most popular and populated swim period.  With hot weather in the summer, swimming can be a great way for children to play, relax, and have fun.  However, swimming related activities and locations can also be the site of a tragedy when a child dies as a result of a drowning.  Children are naturally curious. Furthermore, young children especially toddlers have very poor safety awareness.  Because of this, it is important that small children are properly supervised at all times and that swimming pools have proper barriers to the protection of toddlers and young children.
David Wolf, a partner with the law firm of Wood, Atter, & Wolf, P.A. is a child injury attorney based in Jacksonville, Florida who handles cases throughout the State of Florida. He is the author of 11 books including the book titled The ABCs of Child Injury – Legal Rights of the Injured Child – What Every Parent Should Know.  The book covers a number of topics including Homeowner’s Insurance, Swimming Pools, Water Parks, and Other Bodies of Water, Sports and Recreational Injuries, and other topics. You can get this book for free at The ABCs of Child Injury.
It is reported that drowning deaths among all age groups is the sixth leading cause of unintentional deaths.  For children 14 and under, drowning is reported as the second leading cause of unintentional deaths.  Despite the known dangers of swimming pools for children, there are still a number of deaths reported over the summer and other times of years of a small child wandering into a pool area and drowning.

Pedestrian-Triangle-Sign-150x150In Jacksonville, Florida and other cities, drivers should be on the look out for pedestrians and bicyclists especially those who are young children.  Drivers should slow down in school zones, residential areas, crosswalks, and anywhere else there may be a child pedestrian or child bicyclist.  It should be noted that Florida is a comparative fault state.  As such, the injured child and / or parents of an injured child can bring a legal action for personal injuries or wrongful death even if the child may have been partially at fault for the incident or accident.  It should also be noted that children under the age of 6 years old cannot be held to be negligent or at fault as a matter of law in the State of Florida.

A recent tragedy was reported in Jacksonville, Florida.  It was reported that a child was hit by a vehicle while attempting to cross a street with other children at the intersection of A1A and the Wonderwood Connector in Mayport – Jacksonville Florida.  It was reported by the local media that the driver continued through the intersection on a yellow light.  It was also reported that the child, who ultimately died as a result of the pedestrian – vehicle accident related personal injuries, was in the sixth grade. You can read more about this story at Boy Hit While Crossing the Street in Jacksonville, Florida (Mayport).

The wrongful death of a child has a ripple effect through the family, neighborhood, school, and community.  It is heartbreaking for the parents and extended family.  It is extremely upsetting for the school.  It can be quite a bewildering experience to have a friend / classmate sit in front of a student one day and then never to return because of a tragic pedestrian accident.

Red Light Automobile Accident.001In Jacksonville, Florida and other cities, traffic signals serve an important purpose.  When drivers ignore traffic signals, serious automobile accidents can take place that cause horrific personal injuries and even the wrongful death of innocent drivers and passengers.  Section 316.075 (1) (c), Florida Statutes mandates that a driver facing a steady red signal (red traffic light) shall stop and remain stopped until a green light or green arrow is shown.  While this a fairly simple statute and rule of the road, it is quite amazing and disturbing how often this statute is violation.  This, in turn, can disrupt and even end the lives of others who are following the rules of the road and otherwise operating their motor vehicles in a safe and prudent manner.
It was recently reported that there was an automobile accident at the intersection of St. Johns Bluff and Beach Boulevard in Jacksonville, Florida.  It was reported by local media outlets and the Jacksonville Sheriff’s Office that a woman driving a Nissan SUV ignored a red light and proceeded at a high rate of speed.  Thereafter the vehicle crossed over a median and crashed into a Honda vehicle and a commercial vehicle and another passenger vehicle. Tragically, a young man (Denny Grahovic), who was only 18 years old at the time of the crash, died as a result of the accident related personal injuries.  Two other Honda passengers, who were also teenagers, were transported to a local hospital with significant injuries.   See Crash Ends Life of One Teenager and Results in Serious Personal Injuries to Others in Jacksonville, Florida. 
Based on the facts reported, it does not appear that Denny Grahovic was negligent in any manner.  Since there was a death that resulted from this crash, JSO and possibly the Florida Highway Patrol will conduct a detailed traffic homicide investigation to determine the cause and preventability of the crash.

Car Crash and Florida Wrongful Death.001In Florida and other states, headlines are made when there is an automobile accident involving serious personal injuries or the death of a driver or passenger.  This is especially true when children and reengages are the unfortunate victims in a Florida Automobile Accident Crash.   The death of a teenager can have a ripple effect throughout the community.  In many instances, a school crisis team is put in place to provide some guidance and counseling to the other students at the school where the victim attended.  Certainly, the biggest loss is upon the parents.  It is unnatural in the scheme of things for a parent to suffer the loss of a child especially after putting in some many years of work and love to raise the child from an infant to a young adult.  When a teenager dies, so much of the promise that was there just disappears in a moment of time.  It is the moment of time in which another driver was speeding or otherwise not paying attention.  This momentarily lapse in good judgment and safe driving can and does often lead to serious personal injuries and the deaths of innocent drivers, passengers, pedestrians, and bicyclists.

Just recently, an 18 year old died in an automobile accident which took place in St. Johns County – St. Augustine, Florida near the World Golf Village area.  It was reported by a number of media outlets that Griffin Moody, who had just graduated from Allen D. Nease High School in June 2016 died as a result of this 2 vehicle crash.  The crash occurred on Murabella Parkway according to the Florida Highway Patrol.  Griffin Moody was a passenger in a 2005 Ford Focus that was being driven by another teenager.  It was also reported that five other people suffered personal injuries in this crash.

Florida has statutes in place that set forth the rules of the road.  Generally, drivers should obey the posted speed limits and yield the right of way to drivers on the roadway.  A left hand turning vehicle should yield the right of way to oncoming traffic.   All drivers should maintain control of the respective vehicles and otherwise remain attentive to traffic conditions, road conditions, and weather conditions.  Each driver has a duty to avoid a crash when he or she has the ability to do so.   It should be noted that each Florida Automobile Accident should be evaluated based on its own facts and merits. When a persona dies as result of a Florida traffic crash, the local law enforcement department and / or Florida Highway Patrol will investigate and issue a Florida Homicide Traffic Report upon completion of the investigation.  It should noted that the results or conclusions of such a report are not binding per se on insurance companies or any further potential civil cases.

Florida Pool.001In Florida, it is common to see swimming pools in most neighborhood.  It is somewhat of a luxury to have a swimming pool right there in the back yard.  Swimming pools can add to the aesthetics of the house and surrounding.  Swimming pools can also provide for a great deal of fun and relaxation for adults and children alike.  Unfortunate and tragically, swimming pools are also the site of horrible tragedies that despite laws, common sense, and the general knowledge of other similar tragedies continue to take place.  It has been reported that Florida leads the nations in drowning for children under the age of 5 years old.  Florida has ranked second in drownings the age group of 1 to 14 years old.  Florida’s weather allows for swimming almost year round.  During Spring and Summer months, it is tragically predictable that additional drownings of small children will take place.
Florida has adopted a swimming pool act that applies to all homeowners with a swimming pool.  There must be a barrier that is at least 4 feet high on the outside.  There should not be any gaps, openings, or structural components that would allow a child to crawl or squeeze through the barrier or enclosure.  You can read more about these regulations at Section 515.29, Florida Statutes – Residential Swimming Pool Barrier Requirements.
Can a homeowner be held liable or responsible with a child neighbor or child visitor drowns in the swimming pool in Florida?  The answer to this question like most legal question is “It depends.”  If the homeowner failed to follow the Florida Residential Swimming Pool Act and these violations were the proximate cause of the drowning – then the homeowner may be held liable or responsible for the drowning.

Stop Sign Negligence.001A Stop Sign is posted due to he traffic pattern and flow in a particular geographic area. It should also be noted that there should not be any ambiguities or doubts as to the purpose and function of a Stop Sign. Furthermore, it is clear that once a driver stops at a Stop Sign – he or she should diligently be on the look out for other traffic and then take whatever time is necessary to safely proceed through the intersection at issue. In Florida and other States, many automobile accidents occur due to the failure to obey speed limits and traffic signage. There is also a significant problem with Distracted Driving due to mobile phone use, Web Browsing, and Text Messaging.  Many lives can be saved and many personal injuries due to Florida Automobile Accidents can be avoided by simply obeying and following the traffic signage like a Stop Sign and by being more attentive to traffic and weather conditions.

It was recently reported in Hastings, St. Johns County, Florida that four people were transported to a hospital.  The intial news and media reports indicated that a pick up truck driver ran a stop sign.  Due to fact that a death and serious personal injuries resulted from this Florida Automobile Accident, a full investigation including a Traffic Homicide Report will be completed by local law enforcement officials and / or the Florida Highway Patrol.   Certainly, any time that a person dies as a result of a Florida Automobile Accident – it is tragic.  Even more so if it is determined that that the automobile accident was avoidable with more attentive driving.  It should be noted that with more attentive driving and patience – many such Florida motor vehicle crashes can be avoided.

When there is a motor vehicle crash, the personal injury victims are faced with a number of challenges and issues.  It is important that the victims and families get support from their extended family, the neighborhood, churches and religious institutions, and others.  The injury victims and families certainly deserve compassion in this time of need following a horrific traffic crash. It is also important for the injury victims and families to have legal representation early on in the process.

 No Swimming.001During the past week, I have lectured and written on the issue of negligence, child injuries, and the unfortunate and tragic incident that took place at the Walt Disney World Resort – Orlando where a 2 year old child was attacked and ultimately drowned by an alligator.  It has been reported that there were “No Swimming” signs posted in or near the area.  Some people, who I have spoken to, believe that this fact should then be a bar to recovery if there is a claim or case pursued by the parents of the child who died.  Florida is a state that has adopted a Comparative Fault system for the pursuit and trial of personal injury cases.  In other words, even if an injury victim is comparatively or partially at fault, there can still be a case pursued on behalf of the injury victim and / or the injury victim’s family.   It should also be noted that there are some special laws in place in Florida when a child is injured.  For instance, in the State of Florida, a child under the age of 6 years old cannot be held liable, responsible, or partially at fault as a matter of law.  As such, a 2 year old cannot be comparatively at fault as a matter of law even though there were “No Swimming” signs that were posted.  However, a parent, as a third party of sorts, can be held liable, responsible, or partially at fault if the parent’s actions or inactions contributed in whole or part to the situation or incident taking place.
As for the Disney alligator attack, it has been reported that there were “No Swimming” signs posted.  The family of the 2 year old were from Nebraska and may not have been aware of the presence of alligators throughout the State of Florida in its rivers, lakes, canals, ponds, and lagoons.  Furthermore, the sign read “No Swimming”.   The reason for the posting of the sign could have included any of the following:
*There was no regular lifeguard in the area.

Alligator Warning.001
By David Wolf, Child Injury Lawyer
The State of Florida is a tourist destination for millions of visitors every year. In Florida, we have beaches, resorts, theme parks, water parks, lakes, rivers, ponds, lagoons, and a number of alligators.  Certainly, personal injuries caused by an automobile accident are far more common than personal injuries caused by an alligator attack.  As such, there are literally thousands of appellate cases and rulings associated with personal injuries and automobile accidents.  On the other hand, the laws and appellate cases associated with alligator attacks are quite sparse.  A recent incident at Walt Disney World Orlando made national headline news.  Unfortunately, it focused media attention in the State of Florida and Orlando for a tragedy rather than any kind of celebration.  More importantly and more tragically, a Nebraska family, who innocently was just trying to enjoy the “Magic” of Walt Disney World Orlando, will be heading home with one less family member who was attacked and dragged away by an alligator at the Seven Seas Lagoon.
In Palumbo v. State Game & Fresh Water Fish Commission, 487 So.2d 352 (Fla. 1st D.C.A. 1986), a personal injury victim (Christopher Palumbo) sought the review of a trial court order granting summary judgment for the defendant – the State of Florida. In other words, the trial court threw out the personal injury victim’s case.  The trial court ruled that the evidence, when considered in the light most favorable to the injury victim, was insufficient to support a claim or case for negligence against the State of Florida.  Mr. Palumbo was injured at the University of Florida – Lake Wauberg Recreational Park. He noticed that a boat had capsized.  Mr Palumbo decided to swim out to the boat to help the boaters with a repair.  As he was swimming towards the boat, Mr. Palumbo was attacked by an alligator and he was injured.   Mr. Palumbo later filed a lawsuit against the State of Florida Game and Fresh Water Commission.  The trial court threw out the case and determined that the State of Florida was not required to fence and was not required to otherwise keep alligators out of the area.  The trial court further noted that Mr. Palumbo disregarded warning signs that were posted at the recreational park / facility.  The First District Court of Appeal affirmed the rulings of the trial court.  The First District Court of Appeal noted that the State of Florida did not have a duty to guard the visitor against harm from an alligator unless the alligator was reduced to the possession of the State of Florida or the alligator was not indigenous to the locality.  The First District Court of Appeal further noted that Mr. Palumbo ignored clear warning signs at the facility which, in turn, was the sole proximate cause of his personal injuries.  In addition to “No Swimming” signs posted at the recreational park, there were a variety of signs warning of and referencing the presence of alligators in the area including one sign that read “Unlawful to Feed Alligators” and another sign that read “Don’t Feed or Molest . . . “ with a large graphic of an alligator on it.  In the Palumbo case, there were clear warning signs of alligators in the area which appeared to be an important part of the rulings of the trial court and the appellate court.

orlando-vector-doodle_GJ7pbFLO_LWalt Disney World Orlando advertises itself as one of the “Happiest Places on Earth”.  For millions of visitors every year, it is quite a happy and joyful place filled with rides, cartoon characters, and adventures; however, for many children and their families, Walt Disney World Orlando happens to be a placed filled with horrific memories, significant personal injuries, tragedy, and even the untimely and wrongful death of a visitor from children to teens to adults. Certainly, Walt Disney World Orlando welcomes children and families to its many theme parks, attractions, resorts, and hotels.  As such, it is important that Walt Disney World Orlando provide a safe and well maintained environment with the full knowledge that every day families and young children will be on the premises.   This duty extends to all areas of the park and resorts including but not limited to the attractions, rides, restaurants, hotels, lobby areas, swimming pool areas, recreation areas, and yes, the other aquatic areas whether man-made or natural in the form of lakes, ponds, canals, lagoons, and other areas.   It is incumbent upon Walt Disney World Orlando to patrol the areas, maintain the areas, clean up the areas, and post prominent signage about potential dangers that may include those related to electrical and wildlife.  If an area has the potential for significant injury or death, this particular area should either be closed off, modified, and / or posted with prominent signage.

A recent incident at Walt Disney World Orlando left a family and community in shock when an alligator from the Seven Seas Lagoon lunged out of the water and grabbed a 2 year old who was standing in or near the water with his father.  The boy, who was vacationing with his family from Nebraska, was attacked by the alligator.  While the father tried to do his best to stop the attack and save his son, he was unable to do so.  It was reported that there were signs in the area that advised visitors about the designation of a “No Swimming” area.  There may not have been any warnings or signage about the presence of dangerous wildlife including but not limited to alligators.  Certainly, this incident was and is a complete and utter nightmare for the family visiting the “Magic Kingdom” from Nebraska.  The incident was immediately reported to Walt Disney World Orlando officials, resort staff and management, local law enforcement, and Florida Wildlife Law Enforcement officers.  You can read more about this tragedy at KETV Omaha, Nebraska – Alligator Attacks and Drags 2 Year Old Nebraska Boy at Walt Disney World Orland Resort – Seven Seas Lagoon. 

The injury and / or wrongful of a child is a harrowing experience.  Certainly, as parents, we work day and night to provide for our children’s safety, health, and welfare.  When a child is injured or when a child dies as a result of the negligence of another person, business entity, or government entity, a parent is faced with a number of life, medical, and legal challenges. Certainly, it is important that these trying times to be supported by family members, friends, community, medical professionals, clergy, community, and, yes, when necessary an experienced and caring Florida Child Injury Lawyer.  Big businesses are supported day / night by in-house and retained legal counsel essentially on a 24 / 7 basis. There are risk management and insurance risk management adjuster in place to advise and protect the companies.  As such, injury victims and their families also deserve legal representation to make that legal rights are protected, enforced, and preserved as needed especially in the aftermath of significant personal injuries and /or wrongful death.