North Florida Injury Lawyer Blog

A near drowning incident was recently reported in Daytona Beach, Florida. The victim, a male in his early twenties is reportedly in critical condition after almost drowning in a Florida swimming pool. The victim's name as not been released, however he is believed to have been visiting from out of town, said Lt. Larry R. Stoney of Daytona Beach Fire. Rescue crews arrived at the 1000 block of S. Atlantic Avenue where they found victim on the pool deck. According to Stoney, the victim, who did not know how to swim, was sitting on the edge of the pool when he fell in. His parents had allegedly gone to their room to retrieve something when their son fell in. Bystanders pulled the man from the pool and performed CPR until rescue official arrived. The victim was breathing on his own by the time he was transported to Halifax Health Medical Center. For more read Near-drowning incident in Daytona Beach, Florida, victim in critical condition.

Drownings are a leading cause of death in children and teenagers. During the summer months drownings and near-drowning incidents are only expected to increase. Below are a few basic Water Safety Tips that can help prevent drowning incidents:

Swimming Pools
- Know where your child is at at all times.
- Surround your pool with a security fence.
- Never leave toys in or around pools that will attract children.
- Avoid using alcohol prior to or during swimming activities.
- Do not depend on floaties and rafts as life-saving equipment.
Water Parks
- Stay with your group or use the buddy system.
Beach or Lake
- Always use the buddy system.
- Swim only in areas where a lifeguard is on duty.

If you would like to read more basic Water Safety Tips please read Importance of Swimming Lessons for Children - Classes Can Save Lives at the Wood, Atter and Wolf, P.A. website.

A St. Augustine, Florida, woman recently died in a car crash in Clay County, Florida. According to troopers of the Florida Highway Patrol, Robin Challberg, 57, was traveling eastbound on County Road 220 in her 2002 Volkswagon when she came into contact with a Toyota Camry. The driver of the Toyota was identified as Thankvan Vo of Orange Park. Troopers say Vo failed to stop at a red light and struck the Volkswagon on the left side. Challberg was taken to Shands Hospital, she was later pronounced dead. The report by the FHP revealed that charges are pending further investigation. For more read St. Augustine, Florida woman tragically killed in Clay County car crash.

Car accidents are a leading cause of death for adults, teenagers and children. Florida drivers need to stay attentive and keep their focus on the road. A factor in many Florida car accidents is distracted driving. Distracted driving includes talking and texting on a cell phone, eating, drinking, grooming, talking with other passengers and listening to music too loudly. These behaviors take a driver's attention off the road and increase the likelihood that the driver will be involved in a car crash.

A Tampa man was recently hospitalized after he was dragged for several hundreds of feet by a car while he attempted to break up a fight. The victim, 47-year-old Benjamin York, was dragged approximately 420 feet under a vehicle driven by a man York attempted to cool down. While attempting to break up a fight at a party, police say York fell to the pavement, became caught under the car and was dragged hundreds of feet. York was reported in stable condition at Tampa General Hospital. The suspect got into a fight with several people who were also attending the party, no other details are currently available. Witnesses said the suspect drove off in a white Mercury with a broken windshield and a tail light with tape over it. For more read Man suffers personal injuries after dragged under car in Tampa, Florida.

The suspect, although innocent until proven guilty, may face charges of leaving the scene of an accident. Pursuant to 316.027, Florida Statutes (2011), a driver in the state of Florida has a duty to remain at the scene of the accident until all responsibilities are met, where that accident caused damaged to property or injury to a person. If you would like to read the plain language of the Florida Statute please see Duty to Stop at Accident Involving Personal Injuries - Section 316.027, Florida Statutes.

Once again, the use of a cellular phone / distracted driving caused a horrendous crash, inflicting injuries onto six victims. The crash occurred on Beachline Expressway in Florida after the driver of a Nissan pickup truck looked down to answer his ringing cell phone and lost control of his vehicle. It was reported that the driver of the truck, 30-year-old Adam Hull, was traveling westbound in the outside lane of Beachline Expressway near marker 41. According to the Florida Highway Patrol, Hull moved his gaze down to answer his ringing cell phone causing him to lose control of his pickup. Hull then veered his truck into the median, overturned and continued moving into the inside eastbound lane of Beachline Expressway. Hull's truck eventually crashed into a GMC SUV, driven by Alexander Gasbarro, 28, of Manchester, New Hampshire. Gasbarro stated he was unable to stop in time to avoid the pickup and struck the left rear side of Hull's truck. Hull was taken to Wuesthoff Medical Center Rockledge with minor personal injuries; Gasbarro was also taken to Wuesthoff hospital along with his 4 passengers: 28-year-old Stephanie Gasbarro; 51-year-old Christine Cormier; 2-year-old William Gasbarro; and 1-year-old Gia Gasbarro. Hull was cited with failure to maintain a single lane. For more read 6 personally injured by distracted driving on Beachline Expressway.

Talking or texting on a cell phone while driving is extremely dangerous and, often times, deadly. Talking or texting while driving has been compared to be as deadly and dangerous as drinking and driving. Using a cell phone takes a driver's attention and focus off the roadway and increases the likelihood of being in an accident - do not use your cell phone while driving, unless in emergency situations.

An estimated five million people per year are injured by a dog bite or attack. According to a recently released list of dog bite claims filed with an insurance company this past year, Florida reported 146 dog bite injuries in 2010. In reality, the number of dog bites is much larger because this statistic only includes incidents reported to one insurer. Injuries resulting from a dog attack can range from minor bites to permanent disability or serious disfigurement.

In Putnam County, a man who was attacked by two pit bulls sadly died after being taken off life support. Roy McSweeney, 74-years old, suffered brain damage from severe blood loss as a result of the attack; the dogs severed one of his arms, partially removed the other and attacked his face. The dogs attacked McSweeney after breaking loose from his next-door neighbor’s yard, Deanna Blitch. She said she was watching the dogs for her ex-boyfriend Beau Scurrey but this was not the first time the dogs have attacked. According to the police, no charges have been filed.

According to the American Veterinary Medical Association (AVMA), the most common victims in dog bite related injuries are children. The highest rate of injury occurs between children ages 5 and 9. In addition, the family or neighborhood dog accounted for 80 percent of these injuries. The AVMA encouraged parents to educate their children about dog safety at an early age. For more information, see putnam county man mauled by pit bulls dies.

From 2000 through 2009, federal highway records show that 47,501 pedestrians have died on the nation’s roads. In addition, Orlando, Florida has consistently ranked among the deadliest cities in the nation for pedestrians and bicyclists.

67-year-old Jack Courture was struck by an SUV when he attempted to cross Colonial Drive at Maguire Boulevard by Orlando Fashion Square. He sadly died two days later. Mighk Wilson, a smart-growth planner at MetroPlan (a regional agency that sets transportation policy) said that Couture may not have seen the SUV, or he may have underestimated its speed. Mighk added that it is a very easy mistake to judge the speed of a vehicle.

Wilson compared Couture’s death to the major trends in metropolitan-pedestrian deaths. Wilson’s study of pedestrian-vehicle accidents in 2003-04, 2008-09 and part of 2010 revealed that the majority of accidents occurred on roads with four or more lanes of traffic. The intersection at Colonial and Maguire where Couture’s accident occurred had eight lanes of vehicles. Couture’s death departed from the norm of Wilson’s research in that most pedestrian deaths occurred at night and did not take place at an intersection or cross walk. Also, alcohol and drugs are often involved. Although the investigation into Couture’s death is not complete, he was using a crosswalk in the morning and his friends say he did not abuse alcohol or drugs.

According to studies by Transportation for America, Central Florida has been the nation’s most dangerous area for pedestrians for the last two years. Wilson suggests installing more medians in multilane roads and adding more lights at night and additional crosswalks to improve street safety. For more information on this topic, see wide streets, fast cars, impaired pedestrians a deadly combination in Orlando.

Every year in North Florida, adults and children are involved in crashes while riding in the back of a truck bed. Most commonly these accidents occur in residential areas or school zones but they can occur on highways.

Six children and a man were involved in an accident while riding in the back of a pickup truck on I-95 near Palm Bay, Florida. According to officials, the crash occurred south of Grant Road at Mile Marker 167. Lieutenant Jeff Taylor of Brevard County Fire-Rescue said that the truck had some sort of camper on it. The truck was driven by a 22-year-old and two adults were inside the cab, a mother and a grandmother. The pickup truck’s right rear tire separated and caused the driver to lose control and the vehicle to overturn, said Sergeant Kim Montes of the Florida Highway Patrol. She also said that heat is a known factor to exacerbate problems with worn tires; Melbourne reached a record high of 99 degrees on the day of the accident.

Apparently, the Melbourne trauma center became so crowded that ambulances were diverted to other hospitals so the doctors could treat the crash victims. Lt Taylor said, “In a mass-casualty event like that, our first job is to determine who’s the most critical. But these people were very fortunate. It doesn’t appear anyone was belted in-certainly not in the back.”

Because riding in the back of a pickup truck is so dangerous, it is also illegal in Florida. Sgt. Montes said it is against the law for anyone under 18 to ride in the back of a pickup truck on a limited-access highway. Charges are likely to result from the accident, said Sgt. Montes. For more information, see nine people, including six children, hurt as pick up roll on I-95.

According to statistics, Florida leads the nation in bicycling and pedestrian fatalities. In Largo, Florida, at least the 20th bicyclist was killed within the past year or so while riding on local roads. A report earlier this year about cyclist-vs.-car accidents in Hillsborough County revealed that the blame was split evenly for accidents between 2005 and 2009.

Gregory Gancarz, 55-years-old, was struck and killed by a van on Starkey Road. The police said that the accident occurred in the northbound curb lane in the 1200 block of Starkey Road., and the area of the crash had no streetlights. Investigators also said that the bicyclist did not have a headlight or taillight on the bicycle.

The driver of the van was Lonnie Baumbach, 62 years-old. The police said the van’s speed does not appear to be a factor in the investigation. Baumbach is an independent delivery contractor for the St. Petersburg Times; he has worked for the company for over eight years. The Times’ operations manager for home delivery, Jim Thompson, said that Baumbach had no other driving–related issues or complaints involving his work as an independent contractor.

The Florida Department of Transportation has launched a print, radio, and television campaign to promote pedestrian and bicycle safety. According to the Department of Transportation, the objective of the Pedestrian and Bicycle Program is to promote conditions for safe and effective travel by foot and bicycle in Florida. For more information, see bicyclist killed in Largo accident.

Two people recently drowned in Lake Weir in Ocala, Florida. According to authorities, two family members were celebrating the life of a family member who was killed in an underwater miming accident when the drowning occurred. A woman and her child were swimming in the lake when the woman began having trouble, said the Marion County Sheriff’s Office. The woman’s brother-in-law jumped in to help and was able to help get the child back to the boat safety. Unfortunately, when he went back to get the woman, they were not able to make it back to the boat safely. The names of the victims have not been released.

Drowning remains a significant public health concern, as it is a major cause of disability and death. Although drownings are the second leading cause of unintentional injury-related death for children under the age of 14, adults are also at risk for drowning. The surprising reality is that thousands of adults do not know how to swim. Many are aquaphobic (abnormal and persistent fear of water) and dread even the thought of getting into a pool. Fortunately, there are exercises that adults can practice to help them feel more comfortable in the water.

An adult learning how to swim should first get acclimated with water. For a person to feel comfortable in a typical swimming position, a person needs to get used to having water in their face, eyes, mouth, ears, and nose. A person should practice at home by splashing water in the bathtub or sink.

In addition, an adult swimmer should become familiar with the motion of the water and how the body moves in it. Many people think that once they are in the water they should start swimming exercises right away, but it is more important to feel comfortable getting into the pool and standing in waist-deep water. Take time to walk around the pool to feel how the water pushes against you. Jumping up and down/ forwards and backwards will help to provide body awareness to water resistance.

These activities are only meant to be a starting point for adults who are interested in swimming but afraid of the water. There are many recreational centers and public pools in Jacksonville that offer classes in beginning swimming and water safety for adults. Ask your local swimming facility about private individual lessons if a group setting makes you nervous. Taking the family to the beach or pool can be an enjoyable time and everyone should be able to have in the water, regardless of age.

For more information on this topic, see two people drown in Lake Weir in Ocala.

Eating out is typically an enjoyable time spent with friends or family. However, a dining experience in a Palm Harbor, Florida, restaurant was not so enjoyable for four diners who were burned by bananas foster. In fact, one woman sustained severe personal injuries. According to officials with Palm Harbor Fire Rescue, the 151 alcohol that is poured into the dessert ignited during a Saturday night outing and onto four customers. One victim was a 25-year-old woman who was taken to a nearby hospital after she sustained first- and second-degree burns. Another victim, a 56-year-old woman was also transported to a hospital after she sustained respiratory burns. The other two victims refused medical treatment. The incident occurred at the Ozona Blue Grill in Palm Harbor, an area northwest of Tampa. According to the restaurant's website, the restaurant serves seafood and steaks with an Asian twist. For more read Victims burned by bananas foster while dining in Palm Harbor, Florida, restaurant.

Although accidents do happen, you can never take too many safety precautions, especially in a restaurant environment. Hot cookware and entrées, sharp silverware, slippery floors, these are just some of the dangers that exist in a restaurant. Restaurant owners, managers, servers and other employees should do their best at keeping a safe environment for their customers.

The boat operator involved in the President’s Day accident that killed two Middelburg teens, including his own, was cited for reckless operation. Ted Hanner, 49, was driving the 1985 Baja bass boat on Black Creek near the Knight’s Boat Ramp and Marina facility when the accident took place. According to a spokeswoman from the Florida Fish and Wildlife Conservation Commission, Hanner left the controls to pump the fuel bulb because the boat was running “kind of ragged,” and he was trying to get more fuel to the motor. The boat veered off and crashed into a tree three feet off the water, killing Hanner’s son, Travis Hanner, 17, and his girlfriend Halee Mickey, 15. The Commission reported at the time that the teens died at the scene from severe blunt force trauma. A spokeswoman for the Commission said that the boat was traveling about 20 mph, and alcohol was not a factor.

Under Florida law, it is illegal to operate a vessel in a reckless or dangerous manner. Specifically, reckless or careless operation of a vessel or manipulation of water skis, aquaplanes, or similar devices is the failure to exercise the care necessary to prevent the endangerment of life, limb, or property of any person. Every operator of a vessel should be aware of waterborne traffic, posted speed and wake restrictions and all other surrounding circumstances. In addition, vessel operators should follow the navigation rules. Anyone who operates a vessel with willful disregard for the safety of other people will be cited for reckless operation, a first-degree misdemeanor. For more information see, boat operator reckless in February accident that killed 2 Middleburg students.

The Fifth District Court of Appeal in Daytona Beach upheld the trial court’s conviction of Diane Katz Santarelli. The trial court charged Santarelli with a misdemeanor of allowing an open house party and contributing to the delinquency of a minor. The charges were based on allegations that at some point during the open house party Jesse Calvin Pitts, a minor, drove from Santarelli’s residence in a vehicle with Taylor Rea Brennan (also a minor) as his passenger. Pitts and Brennan subsequently died in a car crash on State Road 13 after leaving the party. Santarelli’s attorney, Gerald S. Bettman said that she will decide whether she wants to ask the court of appeal to reconsider or take the case to the Florida Supreme Court. For more information, see court rules against house party mother.

An open house party was traditionally referred to as a party or social gathering that is scheduled for a period of hours, sometimes for an entire day, with no set time of arrival or departure. However, more recently open house parties often refer to parties at a house involving primarily young persons, under the age of 21, that drink alcohol and take illegal drugs. Florida Statute 856.015 defines an illegal open house party as:

No person having control of any residence shall allow an open house party to take place at said residence if any alcoholic beverage or drug is possessed or consumed at said residence by any minor where the person knows that an alcoholic beverage or drug is in the possession of or being consumed by a minor at said residence and where the person fails to take reasonable steps to prevent the possession or consumption of the alcoholic beverage or drug.

A violation is punishable as a second degree misdemeanor. For more information on Open House Party laws, see Florida Statute 856.015.

Although overall traffic deaths appear to be on the decline, the number of pedestrian traffic deaths seems to be on the rise, according to data provided by the Governors Highway Safety Association.

In Escambia County, Dustin Blake McFadden Smith was tragically struck and killed by two semi-trucks. The accident occurred on Highway 29 in Bluff Springs. According to the Florida Highway Patrol (FHP), Smith 21 was standing in the outside southbound lane of Highway 29 near Byrneville Road when he was first hit by a semi truck drive by Russell A. Joseph, of Repton, Alabama. Smith was then struck again by a semi driven by Ashley Wayne Hawkins, of Dozier, Alabama. She was unable to see Smith in the roadway because of poor lighting, said the FHP.

Both trucks stopped after the accident, and one of the truck drivers called 911 to report that they hit a pedestrian. Smith was found by Escambia County's first responders lying in the road of Highway 29 and was announced dead at the scene. The FHP believed Smith may have been involved in a single vehicle crash prior to being struck by the semi trucks; Smith’s vehicle was found at the edge of a wooded area off the roadway. According to the FHP, charges are pending the results of the traffic homicide investigation.

Florida follows California with the highest number of pedestrian deaths. According to the Governors Highway Safety Association report, there were more pedestrian accident fatalities in 2010 than in the previous four years. For more information on this topic, see pedestrian struck and killed on highway 29.

After 16 years with the Osceola County Sheriff’s Office, Sergeant Mike Setvin’s career came to a tragic end after a pedestrian- motorcycle accident. The accident occurred on U.S. Highway 192 in St. Cloud, Florida. According to the Florida Highway Patrol, Setvin 44 was struck by a 2000 Harley Davidson motorcycle when he was walking across U.S. highway 192 from north to south near Simmons Road. He was not on duty.

Sergeant Setvin was pronounced dead at the scene. Sheriff Bob Hansell said in a prepared statement, “This is a tremendous loss to our agency and to the community. Sgt. Setvin was a dedicated law enforcement officer and will be greatly missed. Our heartfelt thoughts and prayers are with his family during this difficult time.”

The driver of the motorcycle, Michael Hoadley, 52, sustained minor injuries. The passenger, Mary Schneider, 45, sustained major injuries and was transported to St. Cloud Hospital for treatment. Neither of the riders wore a safety helmet.

According to preliminary data from the National Law Enforcement Officers Memorial Fund, traffic fatalities were the leading cause of officer fatalities for the 13th year in a row. There were 73 traffic-related fatalities in 2010: 50 officers died in automobile crashes; 16 officers were struck and killed by automobiles while outside of their vehicle; one died in a bicycle accident, and; six officers died in motorcycle crashes. Texas, Florida and California were in the top three states with fatalities.

For more informatin on this topic, see Off-duty Osceola sheriff's sergeant struck, killed by motorcycle.

According to statistics, automobile accidents are the leading cause of death for people between the ages of three and 34 in the United States.

In the Northside of Jacksonville, a woman was tragically killed in a car crash. According to the police, Ulanda Peterson was a passenger in a vehicle that was traveling northbound on Lem Turner Road. The police said that the driver of the vehicle lost control and struck a concrete utility pole near the intersection at Broward Road. The driver was propelled out of the vehicle and sustained serious injuries. The car caught on fire after the collision, and Peterson was trapped inside. She was sadly announced dead at the scene. Police are investigating. For more information, see 34-year-old woman killed in firey crash.

The best way to reduce the chances of you or a loved one being in a car accident is to practice safe driving. Whether you are just learning how to drive or have been driving for years, it is always a good idea to review safety tips. Here are a few reminders:

- Never drive under the influence of alcohol. Even at low blood-alcohol levels, intoxication can reduce reaction time, coordination and lowers inhibitions. At higher levels, intoxication can cause blurred or double vision and even worse, loss of consciousness.
- Do not speed. Research has proved that for every mile per hour you drive, the risk of a car accident increases by four to five percent.
- Avoid using cell phones while driving. This seemingly harmless activity caused 2,600 deaths nationwide per year, according to estimates.
- Get a good night’s sleep. 20 percent of all accidents have drowsiness as a contributing factor. Try to get a solid eight hours of sleep on a regular basis, not just the night before a long drive. Failure to get a good night’s sleep every night can build a sleep deficit that can leave you drowsy and unable to focus.

For more safety tips, view the top 10 safe driving tips.

Florida families are left concerned after the recent death a 12-year-old boy of Putnam County, Florida; the boy was killed in an All Terrain Vehicle (ATV) accident. For example, Victoria Hobbs and her husband purchased 2 ATVs to provide their family with what they thought would be hours of fun. Now, after seeing the dangers of ATVs, the family is left disappointed and a little frustrated. Hobbs said they purchased 2 ATVS, a smaller sized ATV for her 12-year-old daughter and a larger sized ATV for her husband. Under Florida law, no one under 16 can operate, ride or be otherwise propelled on an ATV, unless the person wears a safety helmet and eye protection. The ATVs also came with their own warning decals: one mandated that no one under 12 can operate without supervision and the other prohibited persons under 16 from operating. According to the Consumer Product Safety Commission, there have been 447 ATV deaths in Florida since 1982. One-thrid of those deaths involved children 16-years-old or younger. For more read Recent ATV-related death leaves Florida families concerned.

One suggestion to families considering purchasing an ATV is to know their state's law regarding ATV use by a minor.

Drowning is a lead cause of death for children, especially those 14-years-old and younger. According to statistics, more than 800 children 14 and under drown each year. One precaution parents can take to help prevent drownings is to constantly supervise your child, whether at the beach, swimming pool or even a bathroom. Younger children and infants can drown in as little as 2 inches of water. Therefore, toilets, bathtubs and buckets are even hazardous. According to Gia Ramsey, Akron Children's Hospital Injury Prevention Specialist, said drowning is the second-highest accidental injury for those between the ages of 5-24; car accidents are number one. Children need to be supervised even if they have had prior swimming lessons, supervision is a critical prevention factor. Proper safety gear such as life preservers are also important and should not be substituted or replaced with other flotation devices. For certain activities, children should always wear a life vest. Children 10-years-old and younger should wear a U.S. Coast Guard approved life vest while on a boat. All pools should be surrounded with a locked safety fence and have alarms for the gates. For more read Water safety tips for you and your family this summer.

A 55-year-old man was tragically killed while riding in a taxi cab. According to Florida Highway Patrol troopers, a dump truck struck the taxi and pushed the cab about 220 feet forward. The driver of the dump truck, 49-year-old Edwin Canales of Kissimmee, Florida, was driving westbound on State Road 528 a little before 2:00 a.m. when he collided with the taxi cab near mile marker 9. The cab driver, 39-year-old Fleurinat Estephene of Orlando, Florida, is reportedly in critical condition at Orlando Regional Medical Center. FHP troopers said Estephene was not wearing his seat belt. The cab's passenger, 55-year-old Claude Altidor died at the scene. Canales did not sustain any personal injuries. Currently, Florida officials have not explained why Canales struck the cab. For more read Man killed while riding in a taxi after cab struck by dump truck.

The death of this man is a tragedy for his family and community. Florida drivers should use due care and caution at all times while driving. Drivers should also refrain from engaging in distracted driving behaviors such as talking or texting on a cell phone while driving, eating or grooming, listen to music too loudly and talking to other passengers. Not participating in these types of activities will increase your visibility and reaction time while decreasing your chances of being involved in an automobile accident.

Wanda Evete Keyes, 41, of Orlando was killed in a tragic car accident involving a detached trailer. Richard McReynolds, 42, of Orlando was towing a barbecue smoker on a trailer attached to his 1998 Lincoln Navigator. According to the Florida Highway Patrol, he was traveling on Old Winter Garden Road near Deleon Avenue when the smoker-trailer became detached, and crashed into the front left side of Keyes 1998 Ford Mustang; she died at the scene. Charges in the crash are pending.

If you tow a trailer in Jacksonville, you are subject to new and different challenges on the roadway. Towing a trailer is no small responsibility and should be undertaken with great caution and an eye toward safety first; an accident with a tow vehicle and trailer can have much greater consequences than accidents involving a small car. Whether you tow a barbecue smoker, small boat, a vacation trailer, or a cargo trailer, balancing the load and preparing the vehicle and trailer are critical to safe handling.

One of the most critical factors to safely operating a trailer is to know the weights involved and where they are placed. The first thing to determine is how much weight is being towed and confirming that it is within the towing capacity of the vehicle and other equipment being used; determining where the heaviest load is placed is critical to the way that the vehicle will handle on the road. For more information on this topic, see BBQ smoker trailer detaches from SUV, kills woman in another vehicle.

The Putnam County Sheriff's Office reported a terrible dog bite attack that resulted in horrific injuries to Roy McSweeny - a 74 year old man from Hawthorne Florida. It was reported that Mr. McSweeney had to have both of his arms amputated as a result of a recent dog attack. He also suffered facial injuries as a result of this Florida dog bite attack. It was reported that the dogs were handed over to the local animal control authorities and euthanized. McSweeney underwent surgery and follow up care at Shands Hospital - Gainesville, Florida. See Putnam 74-year-old attacked by dogs - arms amputated.

The dogs involved in this dog bite attack were owned by the victim's neighbor. Whether the dogs had attacked before or not is irrelevant under Florida law as to legal responsibility or liability for a dog bite attack. The injuries suffered by Mr. McSweeney were certainly severe and may have been prevented with better restraint, supervision and control of these dogs.

In Florida, there are dangerous dog laws in place for most counties. Furthermore, there are dog leash laws in place for most counties. You can read more about each count's laws as to dangerous dogs and dog leash laws at Florida - County by County - Dangerous Dog Laws and Florida - County by County - Dog Leash Laws.

Summer time is here which means it is a popular time for Jacksonville and North Florida families to plan backyard barbecues and pool parties. As such, many people in Florida and nationwide will end up taking unexpected trips to the ER; nearly half of all unintentional child injury related deaths occur in June, July and August. Underwriter Laboratories (UL) is an independent non-profit global safety organization that is urging families to make backyard safety a priority this summer.

Following are a few unsettling statistics:
-Each summer an estimated 2.7 million children visit the ER due to injuries around the pool or backyard
-Barbecue grill fires resulted in 7,900 home fires for each year between 2003 and 2006
-Each year 200,000children under 14 go to the ER for play set-related injuries
-For those families that have swimming pools, 4,200people every year visit the ER with pool or spa-related injuries
-Unfortunately 10 people die each day from drowning in the United States.

In light of these statistics, UL recommends that families visit The Backyard Safety Explorer to test the safety of their outdoor space before allowing the kids to play in the yard.

The UL has also provided safety tips for grilling, pool and playground safety:

Grilling Safety
• Keep grills at a safe distance from any structure. Grilling mishaps cause more than 8,300 fires and send 3,000 people to the emergency room each year. Never grill indoors or near garages or porches, even if it’s raining.
• Never leave the grill unattended, especially when young children or pets are nearby.
• Have a spray bottle or fire extinguisher close to the grill to put out the fire, should one occur.

Pool Safety
• If you have a pool at home, install a fence. The fence should be at least four-feet high and have a self-closing, self-latching gate that has a locking mechanism beyond a child's reach.
• Supervision is a must. Follow the 10/20 rule when you’re at the pool. The 10/20 rule states the supervising adult needs to position themselves to be able to scan the pool within 10 seconds and reach the water within 20 seconds
• Flotation devices, toys and inflatable swimming aids are not safety devices. They are toys and can easily puncture and deflate.
• Empty small wading pools after children are done playing and remove all toys. Infants can drown in just a few inches of water. Pool toys may attract children to the pool when it is unattended.

Playground Safety
• Carefully inspect backyard playground equipment. Make sure equipment is anchored safely in the ground, all equipment pieces are in good working order, S-hooks are entirely closed, and bolts are not protruding.
• Check for spaces that could trap children like openings in guardrails or between ladder rungs. These spaces should measure less than 3.5 inches or more than 9 inches.
• Install protective surfacing, such as rubber tiles or mulch under the play set, at least six feet in all directions, to prevent serious injuries should a child fall.

For more information on this topic, see tips to stay safe during backyard BBQs and pool parties

Pool safety is a large concern in Jacksonville, as well as nationwide. Every year, thousands of children die from drowning and many drowning deaths occur in residential swimming pools. As such, it is important to understand the importance of pool safety and the legal requirements to implement it. Florida’s Residential Swimming Pool Safety Act sets forth the requirements for pool barriers at residential pools.

A residential swimming pool barrier must have all the following requirements: the barrier must be at least 4 feet high on the outside; the barrier may not have any gaps or openings that could allow a young child to get through the barrier; the barrier must be placed around the perimeter of the pool and must be separate from any other enclosure surround the yard unless that enclosure is situated on the perimeter of the pool and is being used as part of the barrier, and; the barrier must be placed sufficiently away from the water’s edge to prevent a person from penetrating the barrier from immediately falling into the water. For safety barrier requirements regarding gates, ladders, above ground swimming pools or other information, see Florida’s Residential Swimming Pool Safety Act.

The book entitled, The ABCs of Child Injury- Legal Rights of the Injured Child – What Every Parent Should Know is also a helpful resource for swimming safety. The book has a chapter specifically dedicated to Swimming and Injuries at Swimming Pools, Water Parks, and Other Water Ways.

In Jacksonville and throughout Florida, riding bikes is a popular hobby for people seeking to exercise or simply enjoy the day. Robin Henningsen-Bruce, nearly 50 years-old and a cancer survivor, rides her bike every day 20 to 100 miles near St. Cloud. She rides for health and the pleasure of spinning along at 20 mph. But each trip comes at a considerable risk in Florida where many motorists consider bicyclists to be nuisance, yet Florida Statutes and related laws require both to share the road. Henninggsen-Bruce wrote in an email, “Too many, on both sides are vastly ignorant of the laws and rules that regulate our roads in Florida. I can't blame it all on vehicle drivers as I see a lot of cyclists who blatantly give us a bad name by running lights, stop signs, riding salmon style (against traffic) and just crossing at will.”

According to Mighk Wilson, a smart-growth planner and bicycling advocate at MetroPlan Orlando, said that a common misconception is that bicyclists do not have the right to ride in the middle of a traffic lane for their safety. The practice is known as the “controlling lane,” and allows riders to avoid dangerous obstacles on the roadside and enables them to safely make left turns. Florida Highway Patrol spokeswoman Sergeant Kim Montes also said that motorists do not want to provide bicyclists with the three feet required by a safe passing law on roadways.

However, Florida bicyclists also can cause safety problems. Montes said the two most common traffic violations made by bicyclists are wearing headphones so they cannot hear traffic and riding the wrong way. Just like motorists, bicyclists must abide by the same traffic laws including: riding with the flow of traffic, obeying stop signs and red lights and not riding at night without mounted headlights and taillights.

Alan Snel of the South West Florida Bicycle United Dealers, a Tampa Bay advocacy group thinks that common courtesy could defuse the whole problem; "Both groups can settle it if they show each other respect." For more information on this topic, see sharing the road: bicyclists, bikers and motorists have same rights and duties under traffic laws.

When North Florida (Jacksonville, Orange Park, and Jacksonville Beach) car accidents occur, there are inherent risks for everyone involved. One of the factors that increase the risk of injury or death to a person involved in a car accident is ejection. People who are ejected from their vehicle during an accident are three times more likely to die as a result, according to the National Highway safety Transportation Administration.

Detective Darrell Edmonds of the Traffic Homicide Unit in Jacksonville, Florida said that a woman was ejected from a white Cadillac the morning of Memorial Day. Edmonds said that the car was heading southbound on Old Kings Road when the driver swerved and over-corrected. The car rolled over, and the 37-year-old woman passenger was ejected. She sadly died at the scene. The driver was uninjured.

Injuries that result from ejection can be catastrophic. They may include bone fractures, amputated limbs, scaring, disfigurement, head injury, traumatic brain injury, neck injury, spinal cord injury or death. Ejection from a vehicle during an accident is most likely caused by not wearing a seatbelt, seatbelt wear or defects, defective doors or windows, or weak roofs/sunroofs. For more information on this topic, see woman killed after being ejected in Northwest Jacksonville crash.

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In Putnam County, Florida, the Florida Highway Patrol reported that a motorist hit a pedestrian in Interlachen and then fled the scene. It was reported that the driver was described as a man with brown hair who was about 5 Feet 10 Inches tall and weighed about 170 pounds. The vehicle was described as a older model white car. This general details may not be enough to track down the driver or the vehicle. Hopefully, the Florida Highway Patrol and other law enforcement are successful in locating the driver who was involved with this incident. The victim of this Florida hit and run accident was transported to Shands - University of Florida - Hospital.

It is the law in Florida to render aid and support to other drivers, pedestrians, and bicyclists when there is a motor vehicle accident. Pedestrians, bicyclists, and motorcyclists are at risk for severe injury when there is a motor vehicle accident. It is certainly an act of cowardice to flee an accident when a Florida Pedestrian Suffers Serious Personal Injuries.

Summer is just around the corner and for millions of Americans that means it is the season for fun in the sun. The day light hours are longer, so there is much more time for children to play out by the swimming pool. As such, the importance of swimming lessons for water safety cannot be overstated especially in Florida; everyone and especially children should learn how to swim. Sadly, however, this is not the case. According to the American Academy of Pediatrics, drowning is the second leading cause of death for children between one and 19. In addition, toddlers and teenage boys are the largest groups within that population.

Swim lessons teach children safety issues in a structured manner. Generally, children are taught to be unafraid of water and get their faces wet, then to float and breathe properly. The repetition used in organized swim lessons is the key because it triggers the same neurological result continuously and results in learning. The use of movement along with explanations and demonstrations by the teacher reinforces learning the movement.

Jacksonville, Florida parents should choose a swim program with care. Here are a few tips to help decide what swimming program is best for your child:

1.Evaluate the philosophy of the swim program: Some swim programs teach children to swim by use of flotation devices, while others prohibit their use. You will need to be sure that you are comfortable with the program's instruction methods.

2.Choose a program with credentialed instructors: You want to be sure that your child's swim program hires swim instructors who have lifesaving and lifeguarding credentials.

3.Consider your child's learning style: Will learning to swim in a group be too distracting for your child? If so, you may prefer to enroll her in a swim program that offers private lessons.

4.Parental involvement: Find out what level of parental involvement is allowed and encouraged.

It is important for parents to realize that water is present even in areas without waterways; home pools, retention ponds and unsealed wells are just a few hazards present everywhere. Swimming lessons can prevent your child from drowning and becoming a fatal statistic. Visit Jax4kids to find out where in Jacksonville,Florida you can sign your child up for swimming lessons.

Many families like to spend their weekends and free time at the beach. Unfortunately, a fun day at the beach can quickly turn into a nightmare for Jacksonville parents. From the burning hot sun and jellyfish stings to the deadly rip currents, the beach can be a scary place. However, most of these lurking dangers can be avoided if parents know what to look out for. Chris Brewster, president of the United States Lifesaving Association, says that “swimming and water activities are very healthy so long as you use appropriate caution for yourself and your family when you visit the beach.”

The best way to protect your family from a rip current is to avoid them. Rip currents, often misnamed rip tides or undertows account for 80% of lifeguard rescues at ocean beaches and 80% of drowning deaths. Parents should select a beach where lifeguards are present because the chances of drowning are 1 in 18 million of a lifeguard is present, Brewster says. Parents should also check with the lifeguard and find out the safest places to swim. If there are no lifeguards present, you may find a kiosk or beach access sign that provides such information.

Brewster advises the following tips in the event that you do get caught in a rip current. First, swim to the side one way or the other until you no longer have difficulties or feel yourself being pulled. Second, fight the current because these currents can move up to 8 knots. Lastly, tread water until somebody can assist you.

Parents should teach their children to swim in the environment that they are going to be swimming in. Your kids may be a confident pool swimmer but that doesn’t prepare them for the conditions of a Jacksonville Beach. For more information on this topic, see beach safety 101.

The City of Jacksonville (Florida) closed 33 of its public pools after a warning about potentially deadly drain covers given by a government agency. The Consumer Product Safety Commission (CPSC) announced a recall of about one million pools and spa drain covers last Thursday because they “could pose a possible entrapment risk to swimmers and bathers.” City spokesman Ben Bennymon said that all of the pools will remain closed until their drain covers are inspected and if needed, replaced.

Pool drains contain up to 500 pounds of vacuum force and can cause severe personal injuries, especially to young children. Often times younger kid’s bathing suits, necklaces, and hair get trapped in the drain. In extreme cases, swimmers can be disemboweled by the suction. According to the CPSC, 97 suction entrapment incidents were reported between 1999 and 2010, and 12 resulted in death. In addition, 82 injuries were reported during that same period.

Pool entrapment death is one of the most horrifying ways a child or adult can die. Pool drain entrapment occurs when a drain is defective or missing. Normal pool operation involves cycling the water through a filtration system, and in order to do this, water must be sucked out of the pool through the drain. When the cover is defective, excessive suction can cause the swimmer to be trapped in the drain. Drain covers in Jacksonville public and residential pools should be inspected on a regular basis for brittleness, cracks, lose screws, and improper fit to prevent serious death or injury. For more information on this topic, see city pools closed after pool drain recall.

The life of North Central Florida teenager Jearicka Mack, also known to friends and family as Pooh, was honored Saturday at a Church on Newberry Road in Gainesville, Florida. Jearicka, 15, was shot and killed outside a party in early May. The police have arrested a 17-year-old with gang ties in the case.

Jearicka grew up in Gainesville, Florida. She was most recently living with a sister in Trenton and attending Trenton High School. The funeral was held at Westside Baptist Church and was chosen because it could accommodate a large crowd, which was estimated at 700. Jearicka was driven to the front of the church in a horse-drawn carriage. A funeral official in a top hat and tails carried her casket to the front of the church while the choir sang “I Shall Wear a Crown.” The life of the teenager was remembered with fond memories, and pleas for young people to turn away from violence.

Teen violence is real, and is a large part of a North Florida teenager’s life in the society we live in today. Many people think of school shootings when they think of teen violence but it can also include many other things. This includes fights, gang violence, suicide, and dating someone who is violent. The most critical risk factor for violence is the behavior of a teenager’s friends and classmates. The best way to help prevent teen violence is to know who your child hangs out with and encourage healthy behavior and relationships. For more information on this topic, see 700 gather in tribute to Jearicka.

As the summer months approach, many Floridians in Jacksonville spend their days partaking in popular hobbies such as boating and jet skiing. The waterways are more crowded than ever with more than one million registered and unregistered vessels in the state of Florida. As a result, unfortunately, accidents on the water are becoming more prevalent.

Two people were injured after a personal water craft (also known as a jet ski) accident in the Jacksonville Intracoastal Waterway. John Bracey, a Fire and Rescue Department spokesman said that two people on a watercraft hit a pole near Butler Boulevard at about 4 p.m. Rescue workers took one passenger to Shands Jacksonville and the other to the Mayo Clinic for treatment. No information on the identities of the patients or the status of their condition was available.

According to the Florida Fish and Wildlife Conservation Commission, Florida continues to lead the nation with 982,470 registered vessels in 2009. There were 629 reportable boating accidents in 2009, and 70% of the operators involved had no formal boater education. The main cause of boating fatalities was caused by boaters falling overboard.

Boating and jet skiing can be a great way to spend your summer afternoon if you live in Jacksonville or North Florida, but they can also be just as dangerous as a car if not operated properly. Visit the Florida Fish and Wildlife Conservation Commission’s website for more information on Florida boating safety and education. For more information on this topic, see Law & Disorder: 2 hurt in watercraft accident on Intracoastal.