Archive for July, 2008

After being badly bitten by a Florida dog brave 9 year old Melinda Miller helps her father get her to hospital

Friday, July 11th, 2008

While watching the Jacksonville news last night I was incredibly impressed with 9 year old Melinda Miller, a little girl horribly bitten by a friend’s dog. The dog bit her so badly on the face that she needed 200 stitches. While driving to the hospital her father, Putnam County Sheriff’s Detective Elton Miller, was so upset that little Melinda had to calm him down enough to drive. Melinda bravely went thru 3 hours of surgery by a plastic surgeon.

As a father who has had to take one of his children to the ER I can relate to Detective Miller’s feelings.

What was disturbing was that the dog was one that had never bitten before or been aggressive. Most states including Florida have laws meant to hold dog owners responsible for serious injuries resulting from dog bites. In some states, including Florida, owners are “strictly liable.” This means that even if a dog has no prior history of biting, an owner may be held liable for the injuries that a dog inflicts.

If you or a family member has been bitten by a dog make sure to call a dog bite injury attorney. Our office has helped victims of dog bites for 16 years. You can always contact us at (904) 387-6101.

Jacksonville homeowners can be held liable for allowing minors to drink alcohol

Tuesday, July 8th, 2008

Recently the local paper and television news has been reporting on a 15 year old girl who was raped on Neptune Beach after getting drunk at a party at a beach home. Under Florida laws the homeowners of the house where the party took place can be held criminally responsible and can be held responsible in a civil cause of action.

The “House Party” statute Section 856.015 of the Florida Statutes states:

“No person having control of any residence shall allow an open house party to take place at said residence if any alcoholic beverage 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 the person fails to take reasonable steps to prevent the possession or consumption of the alcoholic beverage or drug.”

This statute is a 2nd degree misdemeanor. A minor is defined in the statute as anyone not permitted to possess or consume alcohol. So, for the purposes of this statute, anyone under the age of 21 is a minor.

As far as personal liability this statute will create a civil cause of action in the event that damages are caused by violation of the statute. For example if a minor drinks alcohol at a house party then leaves the party and causes a crash the person in control of the home where the party took place would be legally responsible for the damages caused in the motor vehicle crash.

In the recent rape case the minor who was sexually assaulted will probably be making a claim for damages against the homeowner and the renter of the house where she and other minors were served alcohol.

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Jacksonville ATV accidents: New law promotes safety for kids on ATV’s and dirt bikes

Sunday, July 6th, 2008

Under a new Florida minors 6 thuru 16 years old who want to ride an ATV or dirt bike on public property must complete an off highway vehicle safety course. bike

We believe in this new law. I hope that even those parent who let their children ride on private property also have their kids get the certification.

In 2006, the U.S. Consumer Product Safety Commission reported 555 died while ATV riding. Children younger than 16 made up 111 of those deaths.

The Florida Department of Highway Safety and Motor Vehicles reported in 2006 that 771 crashes were related to ATVs. More than 680 involved injuries, while 23 were fatal.

Those without their certificates will be charged for a noncriminal infraction and may be fined up to $100, or have their privilege revoked.
Again, the law does not pertain to private property but we would love to see all riders get certification.

Preventing Jacksonville Drunk Driving Accidents with the help of AAA

Friday, July 4th, 2008

towDrivers in Jacksonville and around the state can take advantage of a great service if they drink too much this holiday weekend. AAA Auto Club South and Anheiser Busch offer their “Tow to Go” program June 30 through July 8 throughout Florida, metro Atlanta, metro Nashville and in Savannah, Ga.

The service provides a free confidential ride home and tow to anyone in a bar or restaurant who may have had too much to drink simply by calling 1-800-222-4357.

The Tow to Go program is credited for keeping more than 6,600 drunk drivers off the road since its inception in 1998, AAA says.

Our office continues to represent victims of drunk drivers and we encourage anyone who has had to much to drink to call this service.

Jacksonville fireworks accidents are probably caused by illegal fireworks

Thursday, July 3rd, 2008

illegalesDid you know that most of the fireworks used in Jacksonville are illegal? Under Florida statutes, any firework that flies, detonates or explodes is illegal. Thanks to an exception in the law, vendors are free to sell everything from smokebombs to roman candles as long as the customer signs a waiver.
The waiver does not reduce the purchaser’s liability; it safeguards the seller in case of any injuries or damages resulting from the use of their products. Setting off banned fireworks is a first-degree misdemeanor punishable by up to a $1,000 fine and one year in jail if they are not being used for the stated exception.

Because of all the burn injuries we see in Jacksonville and Florida we reiterate that the best place to watch fireworks is a show put on by a professional, not your neighbor.

Remember to be safe this holiday weekend. If you are going to use fireworks use common sense and if you are going to drink please do not drive. If you are hurt please call The Law offices of Henry Gare at (904) 387-6101.