Articles Posted in Injuries to Minors

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Parents and other caregivers strive daily to keep their children as safe as possible. Sometimes they fail to do so, not because of any mistake they made, but because a product they relied upon did not function as it should have. When that happens and a child suffers significant harm, the manufacturer should be held to account for putting an unsafe product on the market. If your child has been hurt by a defective product, a knowledgeable Oregon child injury lawyer can provide you with essential information, advice, and advocacy to guide you through the process of seeking justice through civil litigation.

One place where a child is most exposed to potential death or serious injury is riding in a car, truck, or SUV. Advances in car seat manufacturing have made kids safer than previous generations. Nevertheless, potential problems still arise that may place children at unreasonable risks when they ride down the road. Child car seats, like any product, are an item where the development of new technology sometimes comes with new flaws and new hazards. Evenflo recently developed a car seat that rotates on its base, allowing a caregiver the opportunity to place the child in the seat while the child faces outward, and then rotate the seat into the proper position for travel.

Currently, the National Highway Traffic Safety Administration is investigating that car seat after receiving nearly 20 complaints about it. The agency indicated in its investigation summary that the product “appears not to comply with a number of” requirements. The summary also said the agency was “aware of at least six crash incidents in the field during which the [seat’s] shell… reportedly separated from its detachable base.” In other words, the seat broke free from its base while it was still supposed to be locked.

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As OregonLive reported earlier this month, Portland’s public pools (excluding Montavilla) opened on June 20. For many, this date represents the beginning of the summer recreation season. In addition to the area’s public pools, private swimming pools represent a source of fun and activity for many. They also can be catastrophically dangerous if the owner fails to take proper safety precautions. These failures can lead to children suffering life-altering or fatal injuries. While we all hope never to be in the position of needing legal counsel in the wake of a child’s catastrophic or fatal injuries, these tragedies do happen and, when they do, experienced Oregon premises liability lawyers are here to provide the answers you need.

The start of another summer recreation season is an excellent time to look at the laws and regulations regarding pool safety, as a failure to block children’s access to an unattended pool can have tragic results.

A news report from the Toledo, Ohio, area is illustrative. Last October, a 4-year-old boy and his 2-year-old brother wandered away from their home. Police returned the older boy to his mother but later found the toddler at the bottom of a neighbor’s pool. Resuscitation efforts were not successful.

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Many people think Oregon follows a “one bite” free rule before imposing owner liability in a dog attack case. That’s untrue; Oregon law generally holds dog owners strictly liable for attack injuries if the dog(s) had aggressive tendencies or a history of violence. That may mean a history of aggressive actions (like launching or attempted attacks.) Strict liability also can apply if the dog’s breed is one “that is known to be aggressive or dangerous.” Even if the dog wasn’t an aggressive breed and even if the dog lacked a history of violence, you still can hold the owner accountable if the owner failed to reasonably control his/her dog. After you’ve endured major injuries in an animal bite case, be sure to consult a knowledgeable Oregon lawyer who is experienced in dog attack matters to discuss your legal rights and options.

Northeast Portland was the site of one such dog attack in December. There, two Great Dane-Mastiff mix dogs mauled a 6-year-old boy to death inside the dog owner’s home.

In this local case, the dog owner was also the homeowner. However, in many cases, the dogs that attack belong to renters. That was the circumstance in a recent California case where two pit bulls attacked a woman in Los Angeles County. A state court of appeal said that, under California law, a dog attack victim can hold a landlord liable if the victim proves that the landlord had “actual knowledge of the tenacious dog’s vicious nature.”

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As a parent, ensuring your small child is safe whenever you hit the road is often a primary concern. To accomplish that goal, it is important to make sure that the car seat you’re using is completely safe and appropriate for your child’s size. Sometimes, though, the safety hazard comes not from your car seat but from your vehicle itself. If your child has been seriously injured (or worse) in a vehicle crash, it’s possible that an improper restraint was part of the problem. If that’s the case, then your situation may entitle you to seek justice through legal action. An experienced Portland child injury lawyer can provide you with crucial answers to your questions and advise you about possible next steps.

Currently, the industry standard for attaching car seats to vehicles is the LATCH (a/k/a Lower, Anchors & Tethers for Children) system. The system involves connecting the car seat to a set of metal anchors (built into the vehicle’s seats and seat backs) using tethers and clips attached to the car seat.

LATCH has now been in existence for more than two decades (dating back to the latter half of 2002,) yet issues with LATCH car seats remain. In late May, a product recall targeted some of Baby Trend’s hybrid child seats. According to the recall, the LATCH “assembly webbing that secures the child restraint system to the lower anchorages may fray, which can reduce the strength of the webbing and fail to properly restrain a child in a crash.” Due to that lack of strength, the seats failed to meet the requirements of two Federal Motor Vehicle Safety Standards: “Child Restraint Systems” (number 213) and “Seat Belt Assemblies” (number 209).

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When parents with young children purchase a new vehicle, they may pore over data regarding the vehicle’s safety ratings, including its safety in side-impact collisions. Unlike that new car, van, or SUV, the car seat carrying those same parents’ young child may not have undergone similarly rigorous side-impact crash testing. When a car seat fails to perform as it should in a crash and a child is injured, the law allows those families to seek compensation, and they should contact a knowledgeable Oregon child injury lawyer right away.

Late last month, the National Highway Traffic Safety Administration announced a new rule that modified the existing “Federal Motor Vehicle Safety Standard No. 213,” which is the rule covering child car seats. For decades, federal regulations required manufacturers to put their car seats through crash simulation testing that replicated a “30-mph frontal impact.” The new amendment “establishes a side impact test that replicates a 30-mph side collision, commonly known as a T-bone crash. ”

This amendment to the rule is a welcome addition, but it was a long time in coming. Congress initially called for the addition of side-impact standards to the rule more than 20 years ago, in 2000.

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Statistics show that the water can be a dangerous place for children… even older ones. A few years ago, a study placed drowning as the third-leading cause of death among teens ages 15-17. More recently, the U.S. Centers for Disease Control declared that, for “children ages 1–14, drowning is the second leading cause of unintentional injury death after motor vehicle crashes.” If that kind of horrible loss occurs due to the carelessness of adults or businesses, then those people and entities should be held to account. A knowledgeable Oregon wrongful death lawyer can offer essential advice and representation in doing just that.

A few months ago, The Oregonian again covered the story of the tragic 2019 drowning death of a 14-year-old high-school swimmer in Hillsboro. This most recent coverage dealt with the family’s wrongful death lawsuit. The lawsuit, filed in circuit court here in Portland, alleged failures by many people and groups, including the school district, the city of Hillsboro, and the manufacturer of the pool’s cover.

The lawsuit indicated that, on the day of the girl’s death, her team’s coach instructed her and some teammates to grab a pool cover, swim with it to the deep end of the pool, then swim back to the shallow end while beneath the cover.

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The video is horrific. It shows two toddlers playing on a Peloton treadmill, apparently without adult supervision. The younger of the two, a boy, tries to place a ball on the treadmill’s moving belt and is almost immediately pulled underneath the still-running machine. He manages to extract himself only to be pulled back in a few seconds later – this time further underneath the machine and with his neck bent at a frightening angle.

The whole thing lasts about a minute and at the end the small boy frees himself again before walking out of the picture. The video was posted to the internet by the Consumer Product Safety Commission more than two weeks ago. According to CNN “the agency issued an ‘urgent warning’ for users of the machine. At the time the CPSC said it was aware of at least 39 accidents involving the treadmill including ‘multiple reports of children becoming entrapped, pinned and pulled under’ the device.”

Peloton initially pushed back, calling the CPSC warning “inaccurate and misleading” according to CNN, but reversed course last week, agreeing to recall some 125,000 of the treadmills. Meanwhile, updated CPSC data now indicate that at least one child has died and 70 others have been injured by the devices, which cost between $2500 and $4300.

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Few would disagree that today’s cars are safer than cars built in 1967. Still, it is astonishing to discover that a key safety standard applied to virtually every vehicle on America’s roads has not been updated in all that time. The feature is seatback strength, and, as a recent article in The Oregonian’s business section outlines, the standard by which the government assesses it has not changed in 53 years.

Seatback strength is something few car buyers think about. But even if they did, fewer still are in any position to assess it. Auto manufacturers assure customers that car seats meet or exceed all federal safety requirements, without adding that the requirements themselves are so out of date “that a lawn chair could pass it” according to the consumer advocacy organization FairWarning, which authored The Oregonian article.

The organization says engineers who have studied the issue regard the National Highway Traffic Safety Administration (NHTSA) standards for car seats as “laughably weak… In actual rear-end collisions, the seat pushing forward against the weight of a person in the front seat can cause the seat to collapse, sometimes throwing the driver or passenger head-first into the back or out of the rear window, and also endangering anyone in the back seat.”

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The death of a 13-year-old boy in a boating accident on Hagg Lake in Washington County has highlighted a number of safety issues we all need to keep in mind during this holiday weekend and in the coming weeks before fall sets in.

According to The Oregonian, the boy died “after he was hit by a motorboat.” A 21-year-old man “was arrested and is facing charges of boating under the influence, second-degree manslaughter and recklessly endangering another person.” The newspaper quotes a Washington County sheriff’s spokesman saying that he was not sure whether the boy was swimming or wading at the time he was struck, but that it is clear the fatal incident occurred “not very far off the shore.”

Terrible tragedies like this always raise a significant number of legal issues. A few of those are touched on by The Oregonian, such as reckless endangerment and BUI (the boating equivalent of DUI), which is specifically governed by ORS 830.325. This statute is far more general than the better known ones governing DUI. A boater violates it by simply operating the boat “under the influence of an intoxicating liquor, cannabis, an inhalant or controlled substance.” The law does not set a legal threshold for “influence”. Related sections explicitly forbid reckless boating (ORS 830.315) and, perhaps significantly, extend liability for reckless activity to the boat’s owner (ORS 830.330).

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Just seven months ago the governor signed a new law designed to improve safety at daycare facilities around Oregon. Yet shortly after New Year’s “Oregon child care regulators imposed first-of-their-kind restrictions… on a Hillsboro day care where an infant died January 6,” according to reporting by The Oregonian. Calling the facility a “serious danger to the health and safety of children… regulators ordered the 24/7 provider to watch over children who are asleep at all times and to increase staffing beyond the baseline required by law.” The facility will also have to stop accepting children under the age of two.

These are the first penalties imposed under the new law, so one might look at them as a sign that the new measures are working. Yet the fact that they were only imposed after a child had died should be cause for concern throughout Oregon. Abuse and neglect are subject to mandatory reporting requirements for many occupations in our state, including anyone working at a daycare center. If the violations of state law were this serious one has to wonder why they were never reported in the days and weeks before the baby died, and also why it took the state more than two weeks after the baby’s death to sanction the center.

Even after penalties have been imposed by the state a tragedy such as this should prompt the bereaved family to consider what remedies the court system can offer. In civil law there are a number of potential ways to probe more deeply into what happened in Hillsboro and to consider who should be held accountable. These could include a wrongful death action under ORS 30.020. The problems identified by the state in sanctioning the daycare center on their face make a case for a claim under ORS 163.545 (Child Neglect in the Second Degree).

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