In the State of Florida, it is a crime to leave a child unattended in a vehicle that is turned off. Pursuant to Section 316.6135, Florida Statutes, it is a misdemeanor to leave a child unattended in a vehicle for more than 15 minutes. It is a felony if the child suffers significant bodily harm, permanent injury, or disfigurement as a result of being left unattended in the vehicle. It is also a misdemeanor leaving a child unattended in a vehicle that is still running if the health of the child is put at risk OR the child appears to be in distress.
The statute as it currently reads is a bit troublesome in that a child can suffer serious personal injuries or even death by being left in a hot car or day care center van in less than 15 minutes. Some lawmakers in the State of Florida are pushing for changes to this legislation / Florida law to better protect children and to serve as a reminder to parents, guardians, caregivers, and day care centers to stop putting children at risk by leaving children in a vehicle.
David Wolf – Personal Injury Attorney – is based in Jacksonville, Florida and handles child injury, automobile accident, day care center, and related 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 and the book titled Florida Day Care Center Injuries – Legal Rights of the Injured Child – Building Blocks of Knowledge for Parents. You can get these books for free by visiting the Personal Injury Book Section of the Wood, Atter & Wolf, P.A. Law Firm Website.
In the summer throughout the United States, there is a common risk in just about every neighborhood – the risk of drowning. It is important that all child care providers including babysitters, day care centers, child care centers, schools, and summer camps have a plan in place for the proper supervision of children any time that there is a swimming pool accessible to the child and anytime that there are aquatic or boating related activities.
David Wolf is a personal injury attorney based in Jacksonville, Florida who handles child injury cases throughout the State of Florida. David Wolf is an attorney, author, and advocate for the safety of children. It is important that the safety of a child be a top of the mind priority for a child care provider any time a child is near a swimming pool or some how may gain access to a swimming pool. David Wolf is the author of 11 books including the book titled – The ABCs of Child Injury – Legal Rights of the Injured Child. This book covers a variety of topics including the following: Swimming Pools, Water Parks and Other Bodies of Water, Sports and Recreational Injuries, Automobile Accidents, Playground Injuries, and other topics. You can get this book for free at The ABCs of Child Injury.
Drowning is more common than we would like to admit, in fact, for children between the ages of one and fourteen it is the second leading cause of death. Because of the increased risk these children face, it is important for parents, neighbors, friends, relatives, schools, summer camps, day care centers and all others in charge of supervising a child in or near a swimming pool or other water way to keep the certain tips and concepts in mind.
The tragedy of a child being injured or killed is one that cannot be overlooked and impacts communities on a large scale. All around the country, especially in major cities, there are many busy roads filled with pedestrians, including children, and vehicles being driven by distracted drivers. Adult pedestrians and children alike often need to cross the street in order to arrive at their desired destination, and while many use the nearest crosswalk, sometimes circumstances arise (either because there is not one present or it is far out of the way for the pedestrian, to name a couple) which result in the individual crossing the street where there is not a designated crosswalk. This can also be the case, if not more so the case, in smaller cities or residential areas where children are present. This is common because children may feel more comfortable or safer crossing the street without a crosswalk in their own neighborhood, whether it is because of lack of traffic or simply just level of comfort around their residence. When a pedestrian is injured in a crosswalk or in another part of the street due to the negligence or inattention of a driver, there is a ripple effect through the family, neighborhood, and the community. Certainly, crosswalks serve a purpose in delineating the area, warning motorists, and providing a seemingly safe passage across the street; however, the fact remains that all drivers should be watchful of pedestrians especially those who are children and often lack safety awareness and at times common sense.
Based in Jacksonville, Florida, David Wolf, a partner with the law firm of Wood, Atter & Wolf, P.A., is a child injury attorney who handles automobile accidents, bicycle accidents, trucking accidents, and, yes, pedestrian accidents throughout the State of Florida. The pursuit of a case will depend on a number of legal and practical factors. With over 26 years of experience, David Wolf can provide guidance, advice, and when appropriate legal representation in the aftermath of a pedestrian accident. Contact David Wolf today for a Free Consultation.
Drivers need to pay full attention to the road and their surroundings, slowing down near crosswalks and school zones as well as residential areas, undistracted. The tragedy of a child being hit by a vehicle while crossing the street will leave the family, friends, and community of the child shocked and devastated, to say the least. Just one telephone call, one text message, or one Facebook post (all of which typically have little importance) can result in serious personal injuries and even the death of a pedestrian.
In the State of Florida, parent rely on day care centers to properly care for and supervise their children during time periods in which there are work and personal commitments that require the use of a day care center. It can be quite disheartening to a parent to work a full day only to pick up a child at a day care center who has been injured, battered, abused, neglected, and / or harmed. It should be noted that a day care center is not an absolute insurer for the safety of a child. In other words, a day care center is not automatically liable for damages every single time that a child is injured at a day care center. In order to establish liability or responsibility on behalf of the day care center, four elements must be established to form the basis of a claim or case against the day care center as follows:
Breach of Duty;
In 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.