Articles Posted in child injury

Twelve years ago, a former National Hockey League player hosted a birthday party for his young son, and invited the entire 5th grade class. For the event, he rented a child golf game that included a plastic golf club. golfkid

Everything was going well, until the end of the party, when a 4-year-old boy, unsupervised at the time, swung the golf club and struck an 11-year-old girl in the lip, splitting her lip and knocking her front tooth out.

Now, a dozen years later, she has filed a personal injury lawsuit, accusing the hosts of the party of negligent supervision under premises liability law. She alleges the injury caused her to undergo 53 dental appointments over the years, a number of surgeries, pain and suffering and mental anguish. She can’t bite normally into food, had to give up on participation in music class (because she couldn’t blow into wind instruments without straining her lip) and has suffered teasing and bullying over the appearance of her mouth.  Continue reading

Some view playground injuries as a kind of unfortunate childhood rite of passage. playgroundinjury

But in many cases, injuries sustained by children are serious, and it may be necessary to consider legal action.

The Centers for Disease Control and Prevention reports that of the 200,000 children under 14 rushed to hospital emergency rooms every year for playground injuries, about 45 percent are serious. These involve:

  • Fractures
  • Internal injuries
  • Concussions
  • Amputations
  • Dislocations
  • Severe scarring

Death resulting from playground activity is relatively rare, but 150 cases were reported from 1990 to 2000. Most of those were attributed to either strangulation or falls. Continue reading

At best, a defective toy can be a disappointment to a little one looking forward to some entertainment. At worst, a defective product can be dangerous, and in some cases, pose a risk of life-threatening injuries. toys

The latest report on Toy-Related Deaths and Injuries for calendar year 2014 (released by the U.S. Consumer Product Safety Commission in October) indicates there were at least 252,000 toy-related injuries and 11 deaths last year. These incidents do not count the incidents wherein a toy may have been associated with death or injury, but was not necessarily the cause of it.

The CPSC reports that within fiscal year 2015, there were a total of 25 toy-related recalls. That’s a fairly significant drop from 2008, when there were 172 toy recalls. It might be easy to take a leap of logic to assume manufacturers are getting better about protecting young consumers. However, the agency notes it continues to turn away batches of toys at U.S. ports that violate a range of standards, including parts that are too small, flammability risks and excess levels of phthalates and lead. Continue reading

With summer in full swing, many families and young children will gather around the pool. Usually, this is the stuff of memories. But tragically, absent the proper supervision, it can end in a nightmare.
The fact is, there are an average of 62 unintentional drowning deaths of children under 14 annually. In fact, drowning is the second-leading cause of injury-related death in Alabama (and the U.S.) after motor vehicle accidents.

Forty percent of these incidents happen in pools and 37 percent happen in open bodies of water. Nearly one-fifth happen in or around the home. Much of the time, adults either believe someone else is supervising the child or are nearby but engaged in distracting behavior, like reading or talking.
Continue reading

Auto collisions are a top cause of death for children, which is why Alabama’s Child Restraint Law has stringent requirements for use of child safety restraints for those under age 15.
However, it’s been well-documented that child safety seats aren’t properly used. In fact, the Alabama Department of Public Health reports 4 out of 5 children are improperly restrained in their safety seat. The seats either aren’t the right size for the child, the child isn’t properly belted in or the seat is incorrectly installed.This is despite the fact that the Centers for Disease Control and Prevention issued research indicating proper use of child safety seats can reduce the risk of death for infant passengers by more than 70 percent and for toddler passengers by 55 percent.

Now, a new study published in the August issue of American Journal of Preventative Medicine underscores that point, finding that older children and minority children were the most likely to be improperly restrained while riding in a vehicle.
Continue reading

The plaintiff in Cline et al. v. Publix Supermarkets, Inc. et al. had a son who was severely allergic to nuts. She kept Benadryl and an epinephrine pen with her at all times. She carefully read ingredient labels and always questioned whether cross-contamination may have occurred when obtaining food from restaurants, friends or grocery stores. cookie.jpg

Despite all of this, the Alabama woman says her son died of an allergic reaction he suffered after biting into a grocery store cookie that contained walnuts. This was after she says the store employee assured her there were no nuts in the cookie. After taking the cookie home, she even took two bites herself to confirm there were no nuts in it before giving the rest to her son.

However, according to the lawsuit, the boy took three bites before he ran to tell her his mouth was burning. His aunt administered the Benadryl while his mother gave him an epinephrine shot in the thigh. But the boy’s condition continued to worsen. As he lost consciousness, his family called for emergency help. His throat swelled. Emergency workers tried to revive him as they rushed him to the hospital. He did not survive.
Continue reading

A young boy in Montgomery was electrocuted when he came in contact with a broken chain link fence that had become electrified due to improperly secured wiring at a commercial building next door to his great-grandmother’s house.
Following his death, his mother filed a lawsuit against not only the owner of the property, but also the city inspector who had deemed the property to be in safe condition several months earlier. Recently, that case, Morrow v. Caldwell, was heard by the Alabama Supreme Court on the issue of state-agent immunity and damage caps.

When the mother filed the lawsuit against the city electrical inspector, she sued him in his official capacity. He responded by claiming state-agent immunity. She then amended her complaint to sue him in his individual capacity for “individual acts of negligence and wantonness that contributed to the death of (her son).” She alleged he hadn’t followed proper protocol, and had either intentionally or in bad faith allowed the property to be cleared for electrical restoration (it had been off for eight months prior, which is why the inspection was required).
Continue reading

Child car seats could soon be regulated to make sure that they protect your young passengers in the event of a side-impact accident, based on recommendations from the National Highway Traffic Safety Administration. (NHTSA) According to the Los Angeles Times, NHTSA officials are proposing a new, tougher set of regulations to make sure that car seats for children weight up to 40 pounds now include accurate “t-bone” testing.
This new test would be a first of its kind, and could potentially save lives and protect about 100 child passengers from serious injury each year, according to government estimates.

Our car accident attorneys in Montgomery note traffic collisions continue to be the leading cause of death for children. With tougher standards, we can help prevent tragedies. Car seats continue to play a vital role in helping to protect these young passengers. Not only is it important that parents and guardians are using the right car seat correctly, but it’s critical that manufacturers are doing whatever possible to ensure that these seats continue to evolve with technology.
Continue reading

More children are killed in pedestrian accidents on Halloween than during any other night of the year. Children are actually four times more likely to die in a pedestrian accident on Halloween night.

They’re also at some serious risks when it comes to costumes, strangers, dogs and other hazards. Luckily, officials with the Alabama Department of Public Health are here to help guide you through a safe Halloween.

Costume problems also increase your child’s risks of a burn or a fall accident during their Halloween activities.
To avoid some freaky falls, cumbersome costumes or tricky treats, our Montgomery child injury attorneys encourage you to get educated, and get prepared. Each year, the Emergency Medical Services Authority (EMSA) sees a spike in calls involving children 14 and younger on Halloween night. The national holiday can be enjoyed without incident by following safety precautions before, during and after the night’s events.

Everyone loves a good scare on Halloween. But not when it comes to child safety. After dark, kids aren’t usually swarming the neighborhood. But on Halloween night, all bets are off.

Children must be particularly alert for cars and other traffic.
Continue reading

Over a third of the children who were killed in passenger vehicle accidents in the U.S. in 2011 weren’t wearing proper seat belts or weren’t placed in the proper child car seats, according to the National Highway Traffic Safety Administration (NHTSA). To help to put an end to these types of tragedies, officials with the NHTSA are pushing Child Passenger Safety Week.”
“Parents and caregivers can be the first line of defense by ensuring their children are correctly secured in the right seat for their size and age, and by buckling up themselves,” said Anthony Foxx, USDOT Secretary.

Our Montgomery child injury attorneys understand that motor vehicle accidents continue to be the number one cause of death for children across the country. In 2011, there were 2 children under the age of 13 and close to 350 additional kids were injured each and every day while riding in passenger vehicles. Regardless of what kind of car you have, or how safe you believe it to be, children should always be properly seated in a child car seat, booster seat or seat belt — depending on their age and size. When this equipment is used properly — lives are saved.
Continue reading