Injury Law Blog : Florida Injury Lawyer & Attorney : LaBovick Law Group : Serving West Palm, Boynton, North Palm, West Palm Beach, Jupiter

Well my kids driving blog got a lot of attention. A number of readers asked what the worst liability situations were for kids. Here is what our experience has born out:

1)  Driving: The heavy weight king of kids liability is driving. New drivers are simply dangerous. New drivers in hot rod cars pumped up on teenage testosterone and texting all at once is a disaster waiting to happen. I didn't say it in the last blog because I thought it obvious at this point, but just in case: distracted driving does worse things than kill others, it makes them, baron damages them to the point they sit in a wheelchair and need millions in medical care. It ruins lives. It is NOT worth it. Put the phone away. If someone important calls about something that can't wait, there is a grocery store parking lot or gas station or some safe place to pull over. Stop the car, and deal with it - all within 60 seconds of wherever you are. No excuses!

2) Parties:  Oh yes, we all believe our kids aren't the ones who would have a party when we are out of the house. I thought it. My kids were quiet honor students in the IB program at school. They are going to college next year - on the Florida Smarty Pants Scholarship! Really serious. Really trustworthy. Not really interested in drinking. Or drugs. Or really even interested in parties. Soon to be Big Wigs, Indian Chiefs and possibly even astronauts or brain surgeons! OR MAYBE they are just teenagers who would have a party about 3 hours after we left them (a 17 year old and a 15 year old) alone for 1 night while we were just an hour or two south! Coming home to broken beer bottles and stolen property because they lost control of the number of kids they either invited or who just showed up wasn't too bad. The fact that some punks stole some expensive jewelry was distressing. But the best thing was that no one was hurt driving home drunk or high or rolling or tripping or whatever else may have gone down at what my neighbor said was a real "barn burner."   Had anyone hurt or killed another person after drinking my beer out of my refrigerator, I would have been sued to the ends of my policy and likely a bit more for allowing these children access to the house for a party. Certainly we didn't plan it, condone it, permit it, or even desire it; but a solid personal injury attorney will hook me in anyway. 

3)  Bullying and Social Media: There is a wave coming, maybe a tidal wave, of bullying-related injury lawsuits and actions. Gary Namie is a nationally known bullying expert. He is working for legislation to prohibit bullying. But even without anti-bullying laws, the present laws of defamation and libel all work to help stop nastiness over the web. Emails, blogs, tweets, YouTube videos, tumbler, and who knows all the new ways people communicate cause the worst of what's written to go viral and spread like wildfire. As the parent of a teen you buy the nastiness of your child's web rants. So monitor what the say. Monitor and spy on what they do. Let them know the serious nature of what defaming a teacher or another student can do. In our family the law is clear. You live in a communist dictatorship. Each gets what they need with little to no right to privacy and choice only over issues we permit. All other orders need to be obeyed. All Internet activity shall be monitored. You must give us your password. You must give us access to your social media profiles. If you are caught sneaking around without disclosure you will be executed. Ok. Not executed. But your social profile will die, and you won't get access for a long time. If you are the type of parent who believes their child is responsible and sweet and deserves some rights to privacy then there is only one thing to say... You're WRONG. Sorry, but you need to hear that. If you don't believe me, then I am pretty sure it's your kid who is selling pot to the rest of the school.

4) Other Activities: Not to belabor the liability point, but pretty much anything your kids do can cause you liability. So whether it's water skiing or snowboarding or horseback riding you need to explain to your kids that they must try hard to be responsible because risky behavior can hurt others. I must admit, I'm a bit of a hypocrite here because I also believe we are teaching our kids not to take chances and take risks. I know there is a balance. Just be wary, and stay on the lookout for unwarranted risks.       

Good luck,

Brian F. LaBovick

• Email This
• Print
• Comments
• Trackbacks

This is part two of a three part series on bullying, and anti-bullying initiatives. In this article, we will look at the signs to look for that your child is being bullied, what cyberbullying is, and how to stop both.

Bullying Is A Serious Issue

In part one of my series, I gave a definition of bullying: bullying is aggressive behavior that is intended to cause harm or distress. If this has happened to your child, they are not alone. Over one third of teens have reported being bullied while at school. Bullying is a significant and pervasive problem that affects children of all ages, with serious short term and long term consequences.

Signs That Bullying Has Occurred

There are many signs we can look for, as parents, to recognize whether or not our child is being bullied. Signs to look for in your child include:

• Coming home with damaged clothing.
• Missing items such as books and electronics.
• Physical injuries.
• Loss of appetite.
• Loss of sleep.
• In extreme instances, child may begin to discuss suicide and feelings of hopelessness.

Ways to Stop Bullying

The best way to fight bullying is to work as a family. The parent must sit down and have a very honest discussion with the child in order to find out where the bullying is taking place, and the identity of the bully. If it is in the context of school, the parent should meet with the school authorities, and explain the situation completely. The school undoubtedly has a "No Bullying" policy. Public schools take these policies very seriously and enforce them. However, the child must be taught how to protect themselves from bullies.

First, they should know not to engage the bully. Teach your children to walk away whenever possible. If it is not possible, children must protect themselves until they can get away. It is also a good idea to instruct your child to stick to a group as to not become singled out. Children should tell an adult at the school about the problem. Put the complaints in writing and keep a copy.

Other times, the bullying occurs over social networking sites. This is known as cyberbullying. As a parent, it is your responsibility to monitor your child's use of the Internet. You must have all your children's passwords to the social networking sites they're on, and review them religiously. This type of bullying is most insidious because it can be done without physical injury and cause tremendous emotional damage to a child. Because the lack of physical injury, parents are less likely to discover cyberbullying as they would physical bullying. Cyberbullying can be done by other children who are less likely to engage in physical bullying. If cyberbullying is occurring, the child should disengage the social networking site or "un-friend" the bully.

Parents who discover their child being cyber bullied should do their best to identify the bully at the other end of the computer and ask for a meeting with the bully's parents. Most likely, the parents of the cyber bully have no idea what their child has been doing and would be more than happy to assist in ending the bullying.

In part three of our series, I will discuss bullying in the workplace and what steps one needs to take.

• Email This
• Print
• Comments
• Trackbacks

This is part one of a three part series on bullying, and anti-bullying initiatives. In this article, we will look at how bullying is defined and the different types.

According to the Olweus Bullying Prevention Program:

"A person is bullied when he or she is exposed, repeatedly and over time, to negative actions on the part of one or more other persons, and he or she has difficulty defending himself or herself."

Definition of Bullying

Bullying includes three important components:

1. Aggressive behavior that involves unwanted, negative actions.
2. A pattern of behavior repeated over time.
3. An imbalance of power or strength.

Bullying has been around since the beginning of mankind. However, the advent of the Internet and social networking sites has pushed bullying into the forefront of public awareness.

Types of Bullying

Bullying can take on many forms:

1. Verbal - name-calling and teasing.
2. Social - spreading rumors, leaving people out on purpose and breaking up friendships.
3. Physical - hitting, punching and shoving.
4. Cyber - using the Internet, cell phones or other digital devices to harm others.

Recently, there have been reports where bullying has spiraled out of control to the point where the victim has committed suicide. This does not necessarily only apply to children, teenagers or college students. There have been several reported incidents where bullying in the workplace has led adults to take their own lives.

As our society becomes more complex, and communication becomes less face-to-face, bullying can become easier for those who otherwise would not engage. It is very easy for the cowardly bully to tease and ostracize others over a social networking site. This type of bully can remain in the shadows and would otherwise not confront the victim for a variety of reasons.

This is not to say that old-fashioned traditional physical bullying does not exist, it does. Schoolyard fights seem to be on the increase as society places more pressure on teenagers to achieve and gain acceptance.

In part two of our series, I will discuss the signs to look for that your child is being bullied, how to protect your child from bullies, and how to address cyber bullying.

Stay tuned for part two of our bullying series, coming soon.

• Email This
• Print
• Comments
• Trackbacks

2012 promises to be a good one, but don't they all start out that way? Somehow, I really believe it this time. I feel good about our country, the prospects for our economy and the practice of law. There is no logic to my thoughts, just a gut feeling. But there are some things we can all do to better the world we live in. In my world, the law world, we lawyers can strive for ethical excellence without compromising our clients' rights. The citizens that participate as jurors can strive to dedicate themselves to the service of our system. Besides serving in the military, serving on a jury is one of the fundamental duties to our great experiment that we call democracy. Take it seriously. The system requires it and the citizenry deserves it. Anyone lucky enough to be able to serve on a jury will find it intellectually rewarding and knowing that few have the pleasure to assist the perpetuation of our great system. Do it with pride.

• Email This
• Print
• Comments
• Trackbacks

As I sit here in between my 11 year old son's lacrosse games, I have come to appreciate the value of organized sports. These boys are learning the worth of teamwork, dedication and commitment. Understanding that practice, sweat and preparation is the recipe for success is invaluable. In a way, they are being prepped for the real world. In an Xbox day and age, young people are getting soft and spoiled. The work ethic of our youth is getting weak. But when I watch these youngsters play this game, I become hopeful that all is not lost. Sports will teach a child the lesson that hard work reaps a reward. It teaches them how to win graciously and how to lose with grace. These are tools that will be priceless for their future in this very competitive world.

• Email This
• Print
• Comments
• Trackbacks

En 1962, mis padres se vieron obligados a huir de Cuba debido al régimen comunista de Fidel Castro. Al igual que otros padres hispanos, ellos dedicaron su vida a darme a mí ya mi hermano la posibilidad de un futuro mejor. Afortunadamente, al mismo tiempo nos enseñaron la importancia de nuestro patrimonio. Hoy en día, estoy más agradecido que nunca con mis padres. Aunque nací en los Estados Unidos, mis padres me enseñaron a hablar, leer y escribir en español. Como resultado de ello, soy capaz de comunicarme plenamente con mi comunidad hispana y ayudarle con todas sus necesidades legales. Como ciudadano estadounidense, padre y abogado, me siento muy afortunado y agradecido a mis padres ya que no me dejaron perder el contacto con mi herencia hispana.

Durante los últimos 43 años consecutivos, los Estados Unidos de America ha celebrado los logros y contribuciones sobresalientes de los ciudadanos estadounidenses de origen hispano. Hoy en día, nuestra lista de logros sigue creciendo a medida que nos esforzamos por superarnos. De hecho, basta con encender la televisión para ver pruebas de nuestros logros y contribuciones a la sociedad. Sin duda, los hispanos han jugado un papel vital en la formación de nuestro maravilloso país. Me gustaría agradecer personalmente a todos los que se esfuerzan por preservar nuestra herencia hispana y asegurar que los hispanos sigan dejando una huella positiva en nuestro mundo. Gracias y disfrute de su mes de la herencia hispana.

• Email This
• Print
• Comments
• Trackbacks

BP is being asked to establish a $20 billion fund to provide relief for the victims of the oil disaster!  Can you believe it?  $20 Billion!  That is about one tenth of the damages they have caused.  That is only one year of profit for the company.  They can pay $20 Billion like I am able to pay $20.00. 

Then to make matters so much worse, today when BP CEO Tony Hayward testified to Congress there were actually US Representatives who felt BAD FOR BP! That is correct, BAD FOR BP!  They thought that $20 Billion dollars was not fair.  They felt that the BP should not be “FLEECED” into paying for unnecessary damages! 

I am not gonna eat Tuna Fish for the rest of my life because this company lied about their ability to handle this disaster and somehow, now that they have caused one of the greatest man made disasters in the history of the world, our own legislators FEEL BAD FOR BP? Thousands of businesses and families will forever struggle to put their lives back together because their ways of making a living has been TAKEN AWAY FROM THEM.  How do you tell someone that has supported their families with a particular industry that "you may never be able to do this again" because of the damage the oil has caused to the waters? What does the business owner tell their employees when they can no longer pay them because the oil spill has destroyed the industry as they know it and they can't support their customers?

• Email This
• Print
• Comments
• Trackbacks

From time to time, I come across issues that are not directly related to my Blog topic, but due to my own sense of priority I feel compelled to share these experiences with our readers. In this instance, the subject is meaningful to me. The subject is Israel.

This past Friday, Governor Crist, visited Temple Beth Am in Jupiter. It was always my feeling that Governor Crist was a committed supporter of Israel. On Friday he told our congregation a story about his experience in Israel. While visiting the Western Wall in 2007, he prayed for the protection of Florida from hurricanes. Believe it or not, this is a true story. While on the trip, a friend encouraged him to visit the Western Wall, aka Wailing Wall, and to insert a written prayer into the wall. Governor Crist did just that. In his prayer, he asked the Lord to protect Florida from storms that year. It is important to point out that thereafter Florida was hurricane free in 2007. When one of the Governor’s friends told him he was going to Israel in 2008, the Governor gave him a similar note to put in the wall. For a second year in a row, our beautiful state was hurricane free. This year another friend went to Israel. The Governor contacted him and requested another prayer be placed into the wall. The 2009 hurricane season is over and wallah! No storms. I hope that when Governor Crist moves onto the national stage, most likely as a Senator, he will continue to send his prayers for Florida's safety to the Western Wall.

On a more serious note, the Governor's visit was a rousing success. Although the crowd wanted to hear about the recent international reports on Israel and Palestinian relations, the Governor wisely chose to be more general and positive in his discussion about the significance of the relationship between Florida and Israel. He acknowledged the 800,000 Jewish voices in Florida who want assurance that the US will not abandon Israel. He reiterated that he will continue to fight to keep our relationship with Israel strong.

In closing, Governor Crist addressed the tragic shootings in Jupiter which took place on Thanksgiving. He asked for prayer and healing for the families. His attention to this issue showed how concerned he is about local community events as well as national events. Overall, the Governor’s speech was moving and sincere. I am honored that I had the pleasure of sitting with him; praying with him and hearing him speak about a subject that is near to my heart.

Brian

• Email This
• Print
• Comments
• Trackbacks