North Florida Injury Lawyer Blog

A tragic train accident / pedestrian accident was reported in Jacksonville, Florida. The Florida Times Union reported that a person was struck by a Northfolk Southern freight train underneath the overpass on University Boulevard near Phillips Highway. Since a death resulted from this incident, a full investigation will be conducted by local, state, and / or federal authorities. Tragically, this is the second railroad related death in the Jacksonville area within the last month. Another person was hit and killed on East Coast Railway tracks at the Emerson Street railroad crossing about a month ago.

Railroad safety is vital to every community. Drivers and pedestrians should pay close attention to railroad lights and gates. In addition, conductors and other railroad employees should pay close attention to railroad crossings and any other area in which drivers, bicyclists, and pedestrians may be present. See Tragic Railroad Death Reported in Jacksonville, Florida. See also Florida Train Accident - Daytona Beach Florida Resident Dead After Struck by Train See also What is the Federal Railroad Administration? How does it apply to personal injuries resulting from train accident?

In St. Augustine, Florida, First Coast News reported that two people were recently bitten / attacked by a dog that was not restrained by a fence or leash. The dog bite incidents took place near St. Augustine High School. The incidents resulted in calls to the St. Johns County Sheriff's Office and the St. Johns County Fire Department as well as St. Johns County Animal Control. Dogs that are not restrained can be a danger to residents in the neighborhood, pedestrians, and bicyclists. It is important that all dog owners maintain control of their dogs and know where there dogs are at all times. Fences should be secured and other safety precautions should be maintained to otherwise control the dog. See Two People Bit by Dog in St. Augustine, Florida.

Dog leash laws vary from county to county. See Florida Dog Leash Laws - County by County. See also Florida Dangerous Dog Laws - County by County.

In Jacksonville, Florida, a family and community are mourning the recent death of Christopher Thompson who died as a result of a Florida automobile accident on Beach Boulevard. News 4 Jax reported that 22 year old - Christopher Thompson - died when a driver crashed into Thompson's vehicle as the driver was fleeing the Jacksonville Sheriff's Office (JSO). The combination of the speed and the running of a traffic signal (red light) caused the untimely and tragic death of Christopher Thompson. Since a death resulted from this accident, a full Florida Traffici Homicide Investigation will be conducted by the Florida Highway Patrol and / or local law enforcement. Regardless of the results of this investigation, a life was sensibly lost due to the carelessness and recklessness of another person. See Florida Teen Charged with Homicide After Deadly Jacksonville Crash.

It is important that drivers obey Florida traffic rules, regulations, and statutes. See Florida Traffic Statutes and Regulations - Frequently Asked Questions.

In Orange County, Florida, it was reported that four people were exposed to carbon monoxide poisoning at an apartment complex. The complications caused by the carbon monoxide poisoning required medical care and treatment with a hospitalization. See Four People Hospitalized in Central Florida with Carbon Monoxide Poisoning.

Carbon monoxide poisoning can lead to serious personal injuries and, in some instances, the death of unsuspecting victims. The problems and dangers associated with carbon monoxide poisoning are amplified by the fact that carbon monoxide is a colorless and odorless gas that enters a person's respiratory system instead of oxygen.

The Jacksonville Sheriff's Office has issued over 400 citations in the past 3 years to drivers who violate Florida Traffic Laws regarding the passing of school buses. Many laws are in place for the safety and protection of children. The laws regarding the passing of a school bus with its red lights on and stop sign arms extended are among the laws that truly serve to protect children. Unfortunately, drivers in Duval, Clay, St. Johns, and other Florida Counties violate these Florida traffic laws. Why are these laws violated? Some are ignorant of the law. Some drivers just lack common sense that would lead them to stop when children are present as pedestrians departing or getting on a school bus. Some drivers just ignore the Florida laws in an effort to save a few seconds or minutes to get to their destination. Whatever the reason, children are put at risks any time that a driver ignores the Florida law as to the passing of a school bus. See Florida School Bus Laws Ignored. See also Florida Traffic Laws and Statutes - Frequently Asked Questions.

Two Duval County (Jacksonville), Florida School Buses were in involved in an accident. Buses from the Jacksonville Charter School were transporting children home from school when one bus rear ended a car. The force of the automobile / bus accident pushed the car into the back of another bus. No students were injured, however the driver of the car was transported to a local hospital for observation. The extent of the injuries of the driver of the car was not reported.

Millions of children ride school buses to school each day. It is important for drivers to obey the rules of the road when it comes to school bus safety. Florida has laws when it comes to stopping and obeying laws regarding a school bus. A vehicle must come to a full stop when a school bus is stopped and and is displaying a stop signal. A driver may not pass the school bus when the signals are displayed. A driver is not required to stop if they are on a divided highway with at least 5feet of unpaved space, a raised median or any other type of physical barrier. It is the duty of the school bus driver to stop as far of the street as possible. The bus driver should display stop signal and warning lights before allowing students to exit the bus. For more information see,Two School Bus Accidents Reported in Jacksonville Florida. You can read more about traffic rules and regulations at Florida Traffic Laws - Frequently Asked Questions.

It is not news that texting while driving is not only dangerous, but deadly. Texting while driving is a nation-wide epidemic that is increasingly popular among children and teenagers. Stephanie Ando, a mother from Jacksonville, Florida and owner of Ando Insurance Services, has joined Allstate in its "X the TXT" program. "X the TXT" has teens pledge not to text and drive. Recently, Ando and her director of marketing, Karen Phillips took the program to Clay High School. Thumb rings embedded with the message "txtng klls" were given to students who made the pledge. Each pledging student also put their left thumb print on a banner. Ando's goal is to spread the program throughout schools in Northeast Florida.

A fact sheet compiled by Allstate revealed some startling statistics about texting while driving:
- Car crashes are the number one killer of American teenagers (more than 4,000 teens die in car crashes annually).
- Just reaching for a cell phone while driving increases the likelihood of a car crash nine times.
- A person looking at a cell phone for a mere 5 seconds while driving at the rate of 55mph travels the equivalent of a football field.

For more on Ando and the "X the TXT" program read Jacksonville mom spreads word about dangers of texting while driving.

Two-year-old Bryce Bostick drowned in his family’s pool in the 6300 block of Regiment Drive. According to the Jacksonville Sheriff’s Office Report, the boy’s older brother went to look for him and found Bryce floating face down in the family’s pool. His brother, a neighbor and the first responding police officer performed CPR before Jacksonville Fire and Rescue arrived and took over.

An adult relative of the family was watching the six to eight children that were in the home at the time of the drowning. Bryce’s parents were at work, said the police report. The two-year-old was inside the house in a bedroom with another brother. The relative left to use a bathroom and when he returned, Bryce had disappeared. The family told police officers that he was only missing for three or four minutes before they went to look for him.

The child gained access to the pool through a back door leading to the back porch. The report said the porch was secured by a small latch leading to the backyard. The report also said that the above ground pool was 25 yards from the door. In 2000, the Florida State Legislature passed home safety regulations for pools in response to accidental drowning as the leading cause of death for young children. For more information on this topic, see Toddler who drowned in Arlington pool identified.

Two children were struck by a car while walking to summer school in Baker County, Florida. Kristen Connell, 12-years-old, and her younger brother Sean, 11 years-old, were struck by a Ford Focus as they crossed the street of Highway 121. The driver of the vehicle, 29-year-old Tara Nunley was on her way to work at the Department of Corrections. Both the Florida Highway Patrol and Baker County Sheriff’s Office are still investigating the accident and have not filed any charges.

Both children were critically injured from the pedestrian-automobile accident. Kristen was taken to Ed Fraser Memorial Hospital for evaluation and treatment of a fractured leg. Sean was airlifted to Shands Jacksonville Medical Center where he sadly died from his injuries, said the Florida Highway Patrol.

The children’s mother, Angelina Connell learned of the accident from her neighbor who started yelling for her to come outside. She told a news reporter that her son would likely still be alive if there was a crossing guard or a school bus on the Baker County Road. Connell said that she had been worried about her children crossing the road because there is no crossing guard during the summer time. The children were not permitted to ride the school bus because their residence is within two miles from Baker Middle School. Connell said that she will remember her son as a smiling, loving and caring child who always thought of everyone else before himself. For more information, see Mother Mourns Boy Killed By Car.

Wendy Pomerantz, MD, MS, an emergency room physician at Cincinnati Children’s and one of the coordinators for the Comprehensive Children’s Injury Center said that it is important for parents to watch their children closely when children are around water. She said that parents must be cautious anytime there is an accessible standing body of water; ‘Children can drown in even the smallest body of water, including toilets, portable pools, decorative fountains, buckets and bath tubs.’ Although drowning rates have decreased steadily over the past 25 years, drowning continues to be the second leading cause of death for children ages one to 19.

According to U.S. News and World Report’s 2011 Best Children’s Hospitals ranking, the Cincinnati Children’s Hospital Medical Center ranks third in the nation among all Honor Roll hospitals. Cincinnati Children’s is also a recipient of pediatric research grants from the National Institutes of Health, and is internationally recognized for improving child health. Doctor’s at Cincinnati Children’s Hospital Medical Center offer their expert advice to ensure that children are safe when they play around water this summer.

Dr. Pomerantz along with the American Academy of Pediatrics offers the following tips on how children can stay safe while playing around water this summer.

• All parents and caregivers should be certified in CPR.
• Never leave children unattended in or near the pool.
• Enroll your child in swimming lessons.
• Keep a phone nearby the pool in case of an emergency.
• Dump the water out of an inflatable pool after each use and turn it upside down.
• Install a safety barrier and pool gates around the pool
• Teach children proper pool safety etiquette such as never run, push or jump on others around water.

To read the complete list of safety tips, see Tips To Keep Kids Safe When They Play In And Around Water.

As a result of the seventh area drowning of a child younger than four-years-old, the Volusia County Health Department has started a campaign to spread awareness about pool safety and the dangers of drowning. Alejandro Guzman, two-years-old was found underwater in a hotel pool at the Oceanside Inn, located at: 1909 S. Atlantic Ave, Daytona Beach Shores. A surveillance video showed that the toddler was underwater for nine minutes before he was noticed.

The Volusia County Health Department has recruited the help form local hotels to spread the message that children need to be supervised at all times around water. A hotel representative agreed to distribute pamphlets about pool safety to local hotels. Stefany Strong, a Health Department spokeswoman, said that the hotels will have the option to distribute the pamphlets with registration forms or put them out on display.

The number of children who have drowned this year has already doubled from last year. The Health Department Chief, Dr. Bonnie Sorensen does not think that people understand how closely they should watch children around the water. ‘They don't realize how silently and quickly a child can sink in the pool and be gone. When they drown, they don't scream and yell for help -- there's not a lot of drama,’ she said.

The chief executive officer of the Hotel & Lodging Association of Volusia County, Bob Davis, is unsure how effective the pamphlets will be, but he thinks that there is a chance they could save a life. For more information on this topic, see Hotels to hand out child pool-safety messages.

Summer is the time of year when many families travel for vacation especially to Florida destinations like Daytona Beach, Orlando, and Jacksonville. Unfortunately, safety measures such as pool fences and alarms are not always available to protect children when staying at a vacation home or hotel.

In Volusia County a two-year-old child tragically drowned at a hotel swimming pool over the holiday weekend. The child was part of an extended group spending the holiday at the Oceanside Inn in Daytona Beach Shores. According to news reports, the parents were on the beach at the time of the incident, and the child was in the care of another relative. Daytona Beach paramedics tried to revive the child after he spent nine minutes underwater, but he could not be saved. Witnesses said that the rescuers did everything they could.

Since parents cannot install fences or pool alarms on a hotel pool, communication and supervision are the most important tools to protect your child from drowning in a hotel pool. Vacations often involve many daily activities, which mean it is easy to get distracted throughout the day. Parents should confirm with each other and other family members who will be responsible for watching the child throughout the day. It is also important to remember that whether or not there is a lifeguard on duty at the hotel pool, they cannot watch your child at every moment; drowning can be quick and quiet. For more information on this topic, see 2-Year-Old Drowns In Volusia Hotel Pool.

The book titled The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Damages / Compensation, Medical Bills and Treatment, and Water Park and Swimming Pool Related Injuries and Drownings. You can receive a Free Book Regarding Frequently Asked Child Injury Questions.

Statistics and current events prove that the idle months of summer pose the highest risk of danger to North Florida children’s safety. Drowning and gun accidents are on the top of the list for fatal threats. Fortunately, both instances are preventable and education is the key.

According to the Florida Department of Health, Florida reported the highest number of drownings for children under the age of 5 than any other state in the United States. Recent headlines demonstrate this danger; four children nearly drowned in pools from June 16-21 in Palm Beach County. As such, it is a responsible question to ask- Is your child protected from drowning? In order to prevent your child from drowning, take your child to swimming lessons and be vigilant about securing access to any water.

Firearm injures account for the second leading cause of death for children, according to the American Academy of Pediatrics and the Centers for Disease Control and Prevention. For example, firearm accidents in Palm Beach County alone claim an average of one child’s life a month. In every instance of firearm-related deaths, vulnerable children found access to a loaded weapon that was not properly secured. Officials say that the summer months pose the most danger. West Palm Beach police, the Palm Beach County’s Sheriff’s Office, the Palm Beach County Children Services Council, pediatric physicians and others recently teamed up to encourage parents to keep their firearms in a secure location.

Summer should be a fun and safe time for your children. Jacksonville, Orlando and other Florida parents should educate themselves about pool and firearm safety so they can prevent their children from any unnecessary harm. For more information on this topic, see Summer is peak season for child dangers, so parents beware.

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.

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.

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.

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.

Summer heat is now here in Florida including North Florida (Jacksonville, Orange Park, St. Augustine, and Fernandina Beach) in full force even though it is still only the month of May. It was recently reported that the Jacksonville Fire Rescue responded to a situation where a 1 year old child was left in a hot car outside of a local government building. The child was locked in a car with temperature outside exceeding 90 degrees. Fire fighters broke through the window to get the child out of the car. Some estimate that the temperature inside of a vehicle can be 60 or even 80 degrees higher than the outside temperature. Just a few minutes in a vehicle can cause serious personal injury to children, the elderly, and, yes, even pets. It can also lead to an arrest and criminal prosecution in some cases for abuse and neglect. There are two typical reasons for leaving someone in the vehicle unattended: convenience and / or forgetfulness. The dangers presented by a hot car or hot vehicle are too great and should not be ignored or underestimated. An easy reminder system is to put a stuffed animal in the back seat. When the vehicle is parked, move the stuffed animal to the front seat and remove the child and other passengers from the vehicle. See First Coast Experts: Don't Leave People or Pets in Hot Cars this Summer.

Two Alabama teenagers, ages 14 and 15, were killed in a car crash while riding unrestrained in the back of a pickup truck bed. The crash occurred Sunday afternoon in Baker, according to the Florida Highway Patrol. The victims were Evan Carpenter and Michael Levi Neal from Red Level, Alabama.

Riding in the back of a pickup truck bed remains a troubling and preventable cause of fatalities and serious injuries. Because there are no seat belts or restraints in the bed of a truck, both children and adults can easily be thrown out from the truck even at low speeds. Keep in mind, truck beds are designed to carry cargo, not people. Drivers and owners of trucks should not transport passengers in the back of a truck. A driver has the responsibility to make sure that he or she operates the vehicle in the manner intended and with the number and placement of passengers according to manufacturer recommendations.

Each state treats the risk of riding in the bed of a pickup truck differently. In Florida, it is unlawful for any person under the age of 18 to ride in the open body of a pickup truck unless the minor is restrained within the open body of the truck that has been modified to include secure seating and safety restraints to prevent the passenger from being thrown, falling, or jumping from the truck. The restrictions on riding in the back of a pickup truck are outlined in Florida Statutes 316.2015. For more information on this topic,see
Alabama teens killed in Florida.

In the old days and even today, it is common to see passengers in the back of a pick up truck. It was not safe in the past and certainly is not safe at the present.

As part of a plan to raise awareness to high school students about the dangers of drunk driving, especially during Prom, New Smyrna Beach High School has a biannual mock drunk driving class, performed in front of the study body by their peers. Recently, New Smyrna Beach High School students performed a scenario on 10th Street that involved two couples driving to prom. One of the males had been drinking and crashed his car head-on into the other couple's car. Although the drunk driver suffered only minor personal injuries his girlfriend died at the scene. One of the passengers in the second automobile was airlifted to a hospital in critical condition; the second by ambulance. The mock crash began in 1998 at Deltona High School with the hopes that at least one student viewing the simulation would decide to refrain from drunk driving. In addition to the mock crash, random students were given red and black ribbons, representing those who could die or suffer personal injuries. For more read New Smyrna Beach High School puts on mock drunk driving crash to spread awareness to students before prom. According to Patty Tufano, a Bert Fish Medical Center nurse and founder of the Volusia County, Florida, mock crash program, figures from the National Highway Traffic Safety Administration revealed that drinking and driving accounts for 30 fatalities daily across the county. In 2009, thos figures translated to almost 11,000 deaths and more than 74,000 experiences of sustaining serious personal injuries.

In Arizona, Floria and other States, children enjoy playing in bounce houses and jumping castles. Unfortunately, on some occasions, children suffer serious personal injuries while jumping in or just occupying a bounce house. Recently, in Arizona, two children were personally injured while playing in a jump house. Apparently, a dust devil lifted the jump house about 15 feet in the air, blowing it across three lanes of traffic and slamming it back onto the ground. Two children, a boy and a girl, were jumping in the play house when the incident occurred. Both were transported to a local area hospital with serious but non-life-threatening personal injuries. For more read Two children sustain serious personal injuries while playing in a jump house.

Children have legal rights, however parents or legal guardians need to bring the causes of actions on behalf of their children. Depending on the circumstances the owner/operated of the bounce house may be liable to the injured children for the injuries each sustained. It may depend on whether a waiver was signed or, if the bounce house was rented, the terms and conditions of the rental agreement. Regardless, these attractions can be dangerous. If your child has been injured while playing in a popular bounce house you should contact a Florida Personal Injury Lawyer to see what your child may be entitled to.

The popular comic strip Zits has partnered up with AAA and plans to produce a strip that addresses the dangers of texting while driving. The strip will appear in more than 1,600 newspapers. Personal experience and distracted drivers inspired the comic's creators, Jerry Scott and Jim Borgman. Scott said that the children of today have a Pavlovian-response to the bells, alerts, and alarms set off by cell phones. The character Jeremy will be used in this strip's theme, AAA has used the character before in previous materials to address other issues regarding teen driving. According to research conducted by the AAA foundation, 9 out of 10 drivers consider driving while texting "a very serious threat to their safety." In some cases, drivers found texting while driving more dangerous than drinking and driving. A survey dont by the Department of Transportation/Consumer Reports revealed that out of the 1,026 people surveyed, 63% of respondents under 30 admitted to using handheld phones while driving; 30% admitted they texted while driving within the past month. However, 78% of the overall respondents said they reduced or completely stopped behaviors related to distracted driving. Teen drivers fail to realize the dangers of texting while driving and under appreciate the value of their own lives. It has been recommended that parents draft and have their children sign driving contracts, a copy of which can be found on AAA's website. For more read Popular comic strip Zits to produce issue about dangers of texting while driving.

Police at the University of Central Florida are investigating allegations that members of a fraternity spike the drinks of unsuspecting women with roofies. UCF's Office of Student Conduct and the UCF Police Department will conduct reviews of the incident. The reviews or investigations by local law enforcement and the University are welcomed by the suspected fraternity, which denied the allegations. The controversy stems from an event that occurred on February 10, when the Delta Upsilon fraternity and Kappa Kappa Gamma sorority took a bus to a downtown Orlando nightclub. Three unnamed sorority members gave written statements that alleged members of the fraternity were bragging about putting roofies in random drinks and passing them out to random women. The unnamed women also said that members of the fraternity were drinking from a spiked two-liter bottle of soda although there no alcohol should have been transported or consumed on the trip. One sorority member claims she saw a fraternity member "open a two liter of soda, reach into his pocket, put his hand over the container, close the two liter, and shake it up." Despite the allegations none of the sorority members that came forward claimed to have seen the drugs. For more read UCF fraternity questioned about spiking drinks of unsuspecting women with roofies.

An autopsy was performed on Central State University athlete - Jasmine Crenshaw - following the drowning incident at a Clermont resort. The medical examiner reported that the death was accidental in nature. The death and drowning of this college student came as quite a surprise to her teammates, the school, her friends, her family, and the community. She was a college athlete in peak shape and showed no signs of poor health or disease prior to the incident. There does not appear to be foul play or any criminal acts involved in the death of Jasmine Crenshaw. See Lake County Medical Examiner: Ohio Athlete Accidentally Drowned.

Swimming in any body of water whether a swimming pool, lake, pond, river, canal, or ocean can be quite dangerous. Some drowning incidents are unavoidable and result from an unexpected acute medical event. Other drowning incidents are avoidable with the implementation of lifeguards, good lighting, the buddy system, rest periods, and other safety precautions.

A drowning was recently reported in Central Florida involving a track athlete from Central State University in Ohio. Jasmine Crenshaw, age 22, ran at a track meet earlier in the day at Embry-Riddle Aeronautical University which is located in Daytona Beach, Florida. At approximately 7:30 p.m. on Saturday night, Jasmine was seen in the resort's lake at the Summer Bay Resort. Divers later found her body approximately 15 feet from the lake shore in approximately 8 feet of water. Detectives and forensic experts will conduct an investigation as to the cause and manner of death. It is unfortunate that a college student with so much potential died at a such an early age. The school, friends, family, and community will mourn her passing. See Athlete from Ohio's Central State University Drowns at Clermont Resort.

In Florida, every community has lost teens to tragic automobile accidents. Unfortunately, automobile accidents continue to be one of the leading causes of deaths to teens in Florida and the rest of the Nation. The Florida Highway Patrol reported that an automobile accident resulted in the death of two teenagers. It was reported that Brandi Bartholomew (age 15) and Zoe Chandler (age 18) died as a result of the accident. Florida Highway Patrol troopers stated that the the driver (Nadja Chandler) lost control of the vehicle on the side of the road and crashed into a concrete culvert. Thereafter, the vehicle rolled over on the driver's side of the vehicle.

This unfortunate Florida automobile accident is a tragic loss for the families, friends, and the community. Unlike a long illness, no one is ever prepared emotionally to deal with such a tragic and sudden loss. Hopefully, the support of friends, community, counselors, and clergy will help the families and community deal with the loss. See Milton High Student Killed in Crash.

In Waycross, Georgia, a leisurely day at the park for one family ended in the tragic death of 2 year old Deshawn Daniels. It was reported in at the News4Jax Website that the family of Deshawn Daniels and friends were at a park. A family friend decided to move his car. The family friend did not know that Deshawn Daniels followed him to the parking lot. Because of the driver did not know that the child followed him and did not see the child as he was backing up, the child was the unfortunate victim of a back over accident. The child was transported to a local hospital and then air lifted to Shands Jacksonville Medical Center. Unfortunately, efforts by the medical professionals could not save the life of this seriously injured child. Since toddlers have poor safety awareness, they are at high risk for injuries especially in or near parking lots and roadways. You can read mor about this sad story at Car Backs Over Waycross Georgia Toddler.

Backover accidents can be avoided in many instances. When you are approaching your vehicle, look out for the presence of all pedestrians and especially children. When backing up, go very slowly and check all mirrors the best that you can. Parents and guardians of children should do their part to keep toddlers supervised at all times and especially in or near parking lots and driveways.

If you have a question about a child injury whether from an automobile accident, dog bite, school injury, day care injury, or other causes, you can get important information regarding the rights of the injured child in the free book titled The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know. Click here to receive your free copy of this child injury book.

In Florida, a child can obtain a restricted driver's license at the age 15 and an unrestricted driver's license at the age of 16. Parents should educate themselves about the dos and the don'ts with teen driver. The Florida Highway Patrol has some helpful resources and information regarding teen driving on its website. There are pages for parents and pages for teens. Education and supervision are vital to safe teen driving.

As noted on Florida Highway Patrol website and other websites, automobile accidents are the leading cause of death for teens in Florida and other States. Approximately 20 % of licensed 16 year old drivers will be in an automobile accident. Over 300 teens lost there lives in automobile accidents in 2007. Because of these troubling statistics and risks, parents should do everything possible to educate and talk to their teens about safe driving. Parents should set rules and guidelines beyond the Florida laws. For instance, a parent can instruct his or her teen to refrain from mobile phone use while driving. Also, a parent can prohibit eating while driving and other distractions that lead to automobile accidents. While a parent cannot watch over a teen driver every minute of the day and at all times while driving, a parent can strive to do what he or she can do to positively influence and encourage the teen driver to play it safe and avoid distractions that take away from the skill and task of driving.

Dog bites occur in all States and communities. Recent federal government data revealed that dog bites that require hospitalization has nearly doubled in the past 15 years. More specifically, about 4.5 million dog bite incidents occur annually. Of those incidences, 316,200 required trips to the emergency room and 9,500 required hospitalization (these are the latest figures from the Agency for Healthcare Research and Quality). Not only can dog bites or other dog attacks be physically damaging, but they can also be costly. The costs for treating dog-related personal injuries is an estimated $54 million per year; that figure averages out to $18,200 per hospital stay. They physical personal injuries sustained by children can be quite traumatizing. More than 30 children are admitted to local hospitals per year dog bite treatment, which usually involves surgery. Serious dog bites are most common in children and older adults. While teenagers and adults sustain most of their personal injuries to their legs and arms, children are more frequently attacked in the head and neck. The head and neck of children are typically attacked because children have a tendency to be down in the face of the dog. Most dog attacks are not committed by stray dogs. On the contrary, the dog is usually one that a child is somewhat familiar with; usually a family member's dog, friend's dog or neighbor's dog. Dr. John Peter, emergency department director at Cardinal Glennon Children's Medical Center, advised parents and guardians to teach their children not to fear dogs but to respect them. Peter further explained, children are not born with knowledge of how to behave around dogs, the same goes for traffic and guns. Therefore, it is a parent or guardians responsibility to teach children how to safely behave and interact with dogs. For more information on this topic read Dog bite incidences on the rise, children are likely targets.

National Burn Awareness Week just ended Saturday, February 12. During this time, emergency officials urged homeowners to use the event to prevent fire-related injuries. Focus was especially put on those families with children. According to Ken Murphy, FEMA Regional Administrator, children under the age of 5-years-old account for 52% of all child fire-related deaths. During the winter months the rate of house fires tend to spike, placing children and toddlers at an even greater risk, Murphy also mentioned. FEMA reports that fires personally injure approximately 18,300 Americans annually, of that amount 3,500 are fatal. Children 14-years-old and younger make of 10-15% of all fire-related deaths. Children account for such a high number of fire-related fatalities most of them are unaware of how to escape their home in the event of a fire.

FEMA offered the following tips to keep children safe and how to prevent fires:
- In the kitchen, keep children 3-years-old and younger away from the stove and other hot appliances. When pots are on the stove, use the back burners. When using pots with handles, turn the handle towards the back of the stove.
- Inspect fireplace flues and chimneys for leakage and blockage.
- If using space heaters in a home, place them on a level floor. Do not place spear heaters on rugs or carpet and keep them at least 3 feet from all bedding, drapes, furniture and other flammable materials.
- Always tuck appliance cords in a space that cannot be reached by children.
- Test smoke alarms one per month. Replace the batters at least one per year.

For more information and tips please see Fire Prevention Tips for the Home.

In Florida and other States, residents frequently take trips or vacations to Disney World, the beach, and other areas. When a person or family leaves a home unoccupied, it sometimes can be very inviting to burglars. This is especially true when it appears that the house is empty and available for ransacking and looting. The website located at Home Alarm Monitoring - Guide to Home Alarm Monitoring Service has a good article titled 10 Tricks to Make Burglars Think Someone Is Home. The implementation of some of these recommendations can help deter some burglars from breaking into your house.

In the Winter Months, fires are more prevalent in Jacksonville and other cities. The Jacksonville Sheriff's Office, Jacksonville Fire Rescue and the State Fire's Marshall's Office are investigating a fire that took place on the Westside of Jacksonville. It was reported that a 3 year old child suffered serious personal injuries / burns as a result of a fire in a mobile home. The fire took place at approximately 1:40 p.m. The girl was transported to Shands at the University of Florida - Gainesville for treatment. The girl's body sustained burns to the stomach, legs, face and arms. See Child Suffers Burns in Jacksonville, Florida.

Fire safety and prevention can help reduce the incidence of fires and resulting injuries. When there is a fire involving injuries, State and local officials will investigate to determine the cause of the fire as well as the preventability of the fire.

All homeowners and renters should frequently check smoke alarms and periodically replace batters as needed. In addition, electrical outlets and extension cords should be checked to make sure there is no fraying or other increased risks of fire.

Many pre-teens and teens perform babysitting duties in various neighborhoods throughout North Florida. A babysitting class provides helpful and valuable training for young babysitters. Many courses are offered by local non-profit organizations like the American Red Cross. You can learn more about babysitting classes through the Northeast Florida American Red Cross by clicking here. The taking of a babysitting class will not ensure that everything that will run perfect but it will give the young babysitter some important life lessons in caring for children.

The Orlando Magic and the Charlotte Bobcats recently played a basketball game in Charlotte. Vince Carter, a veteran NBA player, slipped on a part of the playing court that was wet from mopping. Coach Stan Van Gundy was quite upset over the condition of the floor and the failure of the maintenance crew to make sure that the floor was dry and properly maintained for safe play. You can read about this story at Orlando Magic Hold Off Charlotte Bobcats - Vince Carter Injured in Wet Floor Mishap.

This story made news because it involved a NBA game and an important player to the Orlando Magic. In Florida, incidents involving wet floors and the failure to maintain a store, business, restaurant, or other common area are quite common. While most slip and fall incidents do not involve professional athletes, the facts can be similar to the one reported in the professional basketball game. In Florida, a property or business owner can be held liable for injuries caused by a wet floor if the property or business owner knew or should have known about the dangerous area and failed to properly maintain the area or failed to otherwise post warning signs and barriers in or around the area. Consistent attention to details and safety can help prevent many Florida slip and fall incidents from taking place.

On Halloween, there are an abundance of children in the streets of Jacksonville, Orange Park, and other North Florida cities, trick-or-treating from one house to the next. Halloween also brings out the party-goer and alcohol is often handed out to adults like candy is to children. The Florida Highway Patrol is looking out for both this year and has issued driver and pedestrian safety tips. In addition, the Florida Highway Patrol is also committed to cracking down on drunk drivers.
To avoid accidents this Halloween, drivers should be alert and drive more cautiously. If you are traveling in a neighborhood, be aware that kids are around and often their costumes are not bright. Drive carefully through the streets, especially in areas that do not have sidewalks. If a road is dark, be certain to use your high beams. f you are planning on partying with alcohol, it is important to take a taxi. The fact Halloween falls on a weekend means it's more likely kids will be out later. Do not take chances with your life or the life of an innocent child.

For parents, children and other pedestrians, it is important to pay attention to traffic in your area. Be aware of the roadway at all times and know your area before taking a walk. It is also important to take flashlight and/or put something bright on your costume to attract the attention of drivers. It's important to enjoy the night, but also pay attention to the time because the later it gets the greater the chance someone will be returning from a night of drinking.
For more safety tips, visit the Florida Highway Patrol website.

According to the United States Center for Disease Control and Prevention, accidental falls are the number one injury-related reason for emergency rooms visits. The American College of Emergency Physicians suggests the primary way of avoiding these types of falls is prevention.

Facts about Unintentional Falls:
- 33% of home-injury-deaths are a result of falls; the leading cause.
- More than 40% of nonfatal injuries are a result of falls.
- Children under 5-years-old and adults over 70-years-old are most at risk.
- For children, the most severe falls are associated with baby walkers and play equipment such as trampolines.
- For older adults, falls are generally associated with lower-body weaknesses, difficulty with balance and walking, sight impairment, chronic illness or a history of stroke.

Methods of Prevention:
- Remove clutter from all areas of your home - do not leave objects on stairs or in walkways.
- Use nightlights. Ensure the tops and bottoms of staircases are well lit.
- Repair loose stairway carpet or boards.
- Ensure the bottoms of bathtubs and showers have non-skid surfaces.
- Check playground equipment to ensure it is in a good and safe condition before allowing your child to play on the equipment.
- For younger children, parents should consider using locking gates near stairways.
- Windows accessible to children under 5-years-old should be sealed.
If you would like to read more on this topic please see Tips for fall prevention; the leading cause of emergency room visits.

In Arlington area of Jacksonville, Florida, a newborn baby died after suffering serious personal injuries from a Pit Bull dog bite attack at an Arlington home. Due to the death of this child due to a Pit Bull attack, the Jacksonville Sheriff's Office and the Florida Department of Children and Families will be investing the circumstances of this incident. Dogs, whether they are a Pit Bull breed or another breed, can be unpredictable especially around children. Sometimes, a dog (with no prior warning and no prior history) just snaps and attacks a child or attack. This may have been the case here. It is unknown at this time since the dog's history or lack of history of aggression was not reported.

The death of this child is certainly a tragic loss for the family and the community. The incident is a reminder to all owners of dog to maintain control of the dog when around small children especially infants. Caution and safety measures should be exercised at all times for the protection of children. You can read more about this story at New Born Child Dies After Pit Bull Dog Attack in Jacksonville, Florida. See also Florida Law as to Dog Bite Injuries.

Florida ranks second in the state with the most vehicular-related fatalities, second only to Texas. Sixty-nine children have died in Florida this year, this number represents 10% of all U.S. child vehicular heat stroke (otherwise known as hyperthermia) deaths since 1990.

To some it may seem irreconcilable how a parent can leave his or her child in the backseat. However, this happens very frequently, sometimes resulting in injury or death to the child. Parents can become easily distracted or experience a minor change of routine resulting in terrible and irreversible consequences. One reason why children are so susceptible to heat stroke from being left inside a vehicle is that a child's body cannot adapt to temperature changes as well as an adult's body. Also, the temperature inside a vehicle can be 20 degrees higher than the temperature outside.

Recently, child safety advocates have been pushing for alarms to sound in cars when a child is left in a back seat. These advocates correlate the child warning alarms to the same alarms that signal a drivers if they leave their keys in their car or their lights on. Florid has changed its law regarding these types of accidents as another way to attempt to prevent these types of injuries or deaths to children. In 2008, Florida law changed to charge every parent with a crime regardless of whether or not the incident was intention. However, the new law did not retract a provision that permits a parent to leave a child inside a vehicle for 15 minutes. If you would like to read more on this topic please see Too many children are dying as a result of being left in vehicles unattended, Florida ranks 2nd.

Hopefully state legislatures will implement new laws or requirements that will lower the rate of vehicular-related heat injury or death in children. In the meantime, it has been suggested that parents leave their briefcase, purse or some other item to act as a reminder to look into the back seat before leaving and locking the vehicle.

Pursuant to Section 316.130, Florida Statutes, the driver of a vehicle at an intersection
that has a traffic control signal in place shall stop before entering the crosswalk and remain stopped to allow a pedestrian, with a permitted signal, to cross a roadway when the pedestrian is in the crosswalk or steps into the crosswalk and is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.

Furthermore, this same statutes provides that the driver of a vehicle at any crosswalk where signage so indicates shall stop and remain stopped to allow a pedestrian to cross a roadway when the pedestrian is in the crosswalk or steps into the crosswalk and is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.

There are other statutes in place in Florida that pertain to pedestrians. The most simple way to put it is that vehicles should yield to pedestrians. The weight and force of a vehicle is no match for a person. When driving, take the extra time to slow down and give every deference to a pedestrian especially child pedestrians. You can read more about Section 316.130, Florida Statutes and other laws at the Official Site for the Florida Statutes.

In Florida and other Statutes, merely obeying the posted speed limits is not enough. There are circumstances on the roadways that take place every day that require drivers to slow down, and, yes, driver under the speed limit. Section 316.185, Florida Statutes addresses this issue by stating that "the posted speed limits shall not relieve the driver from the duty to decrease speed when approaching and crossing an intersection, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway, or when special hazards exist or may exist with respect to pedestrians or other traffic or by reason of weather or other roadway conditions, and speed shall be decreased as may be necessary to avoid colliding with any person, vehicle, or other conveyance on or entering the street in compliance with legal requirements and the duty of all persons to use due care. A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318."

If there is a rainstorm, automobile accident, children crossing the road, a group of bicycle riders, or other situations, driver should slow down for the safety of others. If all we had to do was to follow traffic signals and speed limits, we could have robots drive our vehicles; however, there is much more to driving than obeying speed limits and traffic signals.

Written By: Lenorae C. Atter
Attorney at Law

Florida ranks as the worst and most lenient for child safety laws according to the National Transportation Safety Board. The NTSB report recently released finds that Florida's laws are not stringent enough on providing for children to be in a safety regulated seat. According to the NTSB, since 1996, children eight (8) years old and younger should be protected by state child restraint laws. Florida's law only requires that a child, three (3) years or younger is required to be a child restraint seat, children ages four (4) to five (5) must either be in a child seat or seat belted and children under the age of 18 are required to wear a seatbelt regardless of their seat location in a vehicle.

According to the NTSB report, Florida fails to maintain laws that properly and effectively protect children. While Florida has failed to upgrade the child safety laws to meet the NTSB recommendations, Florida has made strides in getting adults to wear seat belts. In 2009, Florida passed a law allowing drivers to be cited for failing to wear a seatbelt while driving. Prior to the change, officers could only issue the citation if a driver was pulled over for a separate driving infraction. The recent "click it or ticket" campaign did show that there is an increase in safety belt usage in Florida. The report, recently released on the matter, showed that there has been a 2% increase in seat belt usage in the last year.

While Florida has failed to get behind the NTSB's recommendations, there are indications, based on the 2009 law change, that indicates Florida is taking this matter seriously.

Written By: Lenorae C. Atter
Attorney at Law

Accidents with resulting injuries seem to happen on a daily basis in Northeast Florida which includes Jacksonville, Orange Park, and Amelia Island. Jacksonville sees its fair share of accidents, but who really suffers the injuries? Often we look at the victim of the car accident as the one that took on the bruises or physical injuries, but what about their children and/or the spouse of the injury victim?
In Florida, Statute 768.0415 recognizes liability for an injury to a person that is the biological or adoptive parent of a minor or dependent child should not solely rest with the damages suffered by the injured victim, but with the minor child of the victim as well.
The idea is that the injury to a parent has a negative result on the dependent child as well. If the physical injuries result in permanent injury or permanent disability, then the child is left with damages for the loss of services, such as cooking dinner; comfort, knowing that their parent is healthy; companionship, especially if the parent is rendered nonvocal or unresponsive; and loss of society, since so much of youth is spent with family friends.

These items can be difficult to value or put a monetary figure to because these damages are not based on a formula, calculation or any type of blue book estimation or analysis. Injuries and their results are real to everyone in the victim's life and a child should be compensated for such losses.

Continue reading "Florida Damages Compensable to a Child for Injury to a Parent " »

Due to an alarming amount of traffic collisions on Volusia County, Florida beaches, attendess can expect to see changes soon. Among these approved changes: more signs, a public-awareness campaign, designated parking areas for families and an experimental one-way traffic zone. All of the changes are expected to make beach driving a safer activity. Although Volusia County beaches have been driven on for more than a century, the death to two different 4-year-old children sparked a public outcry for the changes.

Although Volusia County officials refuse to completely ban beach-driving, these changes will are immediate:
1. Electronic billboards directing people to traffic-free zones and off-beach parking areas.
2. Yellow-diamond "Children at Play" signs placed throughout the beaches.
3. Multiple methods such as web sites and brochures will be employed to advertise traffic-free zones.
If you would like to read more on this topic and see more of the immediate changes effective on Volusia County, Florida beaches see Volusia County makes immediate changes to improve safety of its beaches.

Continue reading "Volusia County, Florida - Changes to Improve Beach and Pedestrian Safety" »

Research at Nationwide Children's Hospital found that 40% of household cleaning injuries that send young children to the emergency room are caused by products in nozzled, spray bottles. The main reasons are because these bottles do not have a child resistant mechanism on them and the triggers are easy to use by children.

The study focused on injuries to children 5-years-old and younger caused by household cleaning products that resulted in emergency rooms visits from 1990-2006. Here is a summary of some of the results:
1. The overall number of injuries decreased 46% from 22,141 in 1990 to 11,964 in 2006.
2. The number of spray bottle injuries remained relatively flat over the long term.
3. 72% of injuries occurred in children 1-3 years of age. - This is mainly because these children cannot read and, therefore, cannot tell the difference between toxic cleaning products and food or beverages.
4. Bleach was the number one problem. - Bleached caused 37% of injuries that required emergency rooms visits.

These injuries can be very serious and sometimes permanent, such as loss of sight or burns to the throat. Dangerous chemicals need to be kept out of reach of children, lock them in a closet or cabinet or place them on higher shelves out of a child's reach. This is especially true to the more toxic cleaners such as drain and tile cleaners. If you would like to read more on this topic see Spray bottles cause many injuries to children resulting in emergency rooms visits.

Florida summer pool parties are regular weekend activities. With pools come children and that can lead to an unexpected accident. In Florida law, pools are considered an attractive nuisance. This basically means they are attractively dangerous to individuals. In this case, children may be attracted onto your property by a pool and if they are injured while on your property, then you can be liable.

In the summer many kids are out venturing the neighborhood during the day while the neighbors are at work. A pool is often attractive kids, especially on hot summer days like we have in Jacksonville, Florida.

In order to prevent accidents, it is important to have safety precautions set-up around the perimeter of the pool. The best precaution is a perimeter gate inclosing the pool with a latch and a lock on the latch. Often this is a good deterrent, especially for younger children.

If you have a pool inside an inclosed porch it is important to make certain that your locks are in good working order. Check the locks seasonally to ensure the best safety for the children in your neighborhood.

If you host pool parties at your home then be careful supplying alcohol while the children are in the pool. The more alert the crowd the less likely a child will go unattended around the pool. If the adults are going to be in and out of the house, then it's a good idea to have one of the older kids (over 12 years of age) play "life guard." While s/he will not be able to save a child from drowning s/he will respond by getting an adult.

Enjoy your summer, but also be cautious so that summer fun doesn't end in catastrophe. If you have any questions or have had a child injured while at a friend or neighbor's pool, then do not hesitate to contact a lawyer.

By: Lenorae C. Atter, Attorney

In Florida, a dog bite or attack is considered strict liability.

What this means is that regardless of any action taken by the dog's owner, that owner is responsible if the dog attacks someone. Typically, the dog will be covered under the owner's homeowner's insurance regardless of whether the incident occurs on the home's property. Often, homeowner's insurance has a medpay provision, which pays for medical expenses up to a certain amount. If the damages go beyond that amount, then it may be a situation where the victim of the attack files a claim against the homeowner and the insurance will back up the homeowner with the money.
However, if the homeowner's insurance has an exclusion clause for dogs, then the individual owner will be liable for said damages. While none of want to think of suing our neighbor, we often don't want to think about losing the use our limb from a dog bite.

If you are the victim of a dog bite or dog attack, it is best to find out what your options are. It is also a good idea to see a doctor to determine your actual injuries. If you are approached within a few days of the bite by the dog's owner, do not simply accept an amount from them in payment of your injuries. Sometimes injuries turn out to be worse than first assessed. With dog bites, unfortunately there is a significant chance of infection, so you do not want to accept less money and wind up with a more severe injury a few weeks later.

It is always a good idea to have a consult with an attorney to discuss your rights and the action you should take. In a case like this, Wood, Atter & Wolf, P.A. handles it on a contingency fee basis, meaning you owe us nothing unless we get you money.

The Uniited States Consumer Product Safety Commission (CPSC) has announced a voluntary recall of more than two million cribs produced by seven different manufacturers for several hazards affecting the safety of infants and young children.

The massive recall affects both drop-side and fixed-side cribs manufactured between 2000 and 2009 by the following companies:

• Child Craft, (this firm is out of business)
• Delta Enterprise Corp., of New York, N.Y.
• Evenflo, of Miamisburg, Ohio
• Jardine Enterprises, of Taipei, Taiwan
• LaJobi, of Cranbury, N.J.
• Million Dollar Baby, of Montebello, Calif.
• Simmons Juvenile Products Inc. (SJP), of New London, Wis.

The CPSC said that the manufacturers are supplying consumers with free repair kits. The kits will allow consumers to immobilize a crib’s drop-side, which has resulted in a number of child injury reports when the drop side detaches from the crib.

Consumers can also receive free replacement hardware from the participating manufacturers upon request.

In May, the CPSC issued a warning about potential deadly hazards associated with drop-side cribs. The agency says that over nine million drop-side cribs have been recalled since 2005, and that its staff has found these models to be less structurally sound than fixed-side cribs.

The Juvenile Products Manufacturers Association has a website with information on the crib recall and crib safety issues. For more information, visit http://www.cribsafety.org.

The 2010 Florida legislature passed a new law that was signed in April by Gov. Charlie Crist and takes effect on July 1, 2010, which requires a plaintiff to prove that a business was aware of a dangerous condition, and should have taken action to remedy it.

The new law nullifies the holding in Owens v. Publix Supermarkets, Inc, 802 So. 2d 315 (Fla. 2001) and repeals 768.0710 F.S. It essentially eliminates the burden on the defendant to produce evidence that it exercised reasonable care after a plaintiff has proven that a transitory substance caused his or her fall.

For example, under the old law which was in place for only a short time period before it was changed by a prior statute, if you slipped on a substance or object on the floor of a business, you needed only to prove the facts of the slip and fall accident. The burden was then on the defense to prove that it had exercised reasonable care under the circumstances.

Florida Statute Section 768.0755 merely codified the case law that was in effect for years in Florida prior to the Owens case. Following the holding in the Owens case would have provided slip and fall injury victims with a better and more fair system in order to pursue their personal injury claims and lawsuits. Even if Owens is not the law in Florida, there are still rights on behalf of slip and fall victims that can be pursued assuming negligence can be proven pursuant to the statute and related case law that has been around for years in Florida.

Prior to the Owens Case and other laws, the common law in Florida required that an owner or manager of the premises knew or should have known of the condition and failed to take measures to warn visitors of the condition or otherwise failed to take measures to clean up the condition or prevent the condition from taking place at all.

If you or a member of your family have been injured in a slip and fall accident and suffered any physical or emotional loss, contact our Jacksonville personal injury law firm.

According to The Humane Society of the U.S., there are over 77.5 million “owned” dogs in America. In fact, almost 40 percent of American homes have at least one dog.

There is no question that Americans love dogs. And they love us right back. But sometimes that love takes the form of protection and even aggression, which is why dog bite laws exist.

Florida dog owners can be held liable for any damages caused by their dog – either in a public place or when the victim is on the owner’s property lawfully. Florida has a strict liability law in place. That means that a dog owner is liable for personal injuries caused by a dog bite even if the dog had no prior history of dog bites or aggression. Typically, a Florida dog bite case is not controlled by the negligence or lack of negligence of the dog owner. If a dog bite takes place, the dog owner is typically liable unless the person was a trespasser on the property. What constitutes a “lawful presence”?

If an owner has given someone permission to be on the property – invited a friend or neighbor over, called a repairman for service, installed a mailbox to receive mail – that is lawful presence. If someone is trespassing and does not have permission to be on the property, that person is not a lawful guest.

The owner of a dangerous dog can defend against potential liability by displaying signage on their property that says, “Dangerous Dog”. However, signage will not discharge liability if the victim is under the age of six or if an owner has been negligent (leaving a gate open, not repairing a fence, etc.).

Florida dog bite law also requires owners of dangerous dogs to:

• Register the dog with the state
• Identify the dangerous dog with an electronic implant or tattoo
• Notify animal control immediately if the dog has bitten someone, has gotten loose, been sold or dies.
• Properly confine the dog
• Post clear warning signs at all entry points on the property that there is a dangerous dog

If you or a member of your family have been the victim of a dog bite and suffered any physical or emotional loss, contact our Jacksonville personal injury lawyers for advice and consultation regarding injuries, medical bills, homeowner's insurance, liability insurance, and other legal matters./a>.