Articles Posted in Injuries to Minors

A statewide enforcement program officially known as “3 Flags” began in the waning days of August and is scheduled to stretch beyond Labor Day weekend. The initiative hopes to cut traffic-related Oregon child injuries and deaths through a combination of enforcement and education.

“The purpose of 3-Flags is to increase seatbelt use and decrease the number of speeding and/or impaired drivers,” according to MyEugene.org. In addition to people driving too fast, or engaged in Oregon drunk driving, the program also targets child seat use. The goal of this part of the program is both to increase awareness of Oregon’s child restraint laws – and of the resources available to help poorer parents get the child seats they need at a free or reduced price – and to ensure that parents using an approved booster or baby seat install and use it properly.

As the Gresham Outlook notes, in 2009 “observed booster seat use was only 58 percent among children ages 4 to 8… one-third of children in this age group who were killed or injured in crashes last year were not using booster seats.” As I noted in an earlier post, more than one highway safety study over the years has shown that the number of people – as many as ¾ of all drivers using the devices according to some sources – whose children ride in improperly installed child seats is shockingly high.

In the annals of serious and potentially serious injuries to children this one is as strange as it is frightening. According to the Associated Press, as reprinted in the Chicago Tribune, an 11-year old boy was recently injured at an Indiana amusement park when he “was bitten on the hand by an alligator.”

But wait: it gets stranger. The alligator bit the boy after another guest at the park, using a noose, lifted it out of its pen “and told children they could pet it.” When the animal began biting the man dropped it and ran away, reportedly hopping into a pickup truck along with a woman and four kids, even as he left other children alone with the now-loose animal.

From the standpoint of an Oregon personal injury lawyer with a special interest in injuries to children, where does one begin? Even allowing that the man was breaking the rules by picking up the alligator (not mentioned in the article, but it seems like a fairly safe assumption), what sort of zoo or animal park places potentially dangerous animals – like alligators – in a position where patrons can pick them up in the first place? Granted that someone was able to pick up a gator, one must then ask some tough questions about park security.

A young child (his exact age was not released by police) was injured in a Salem motorcycle accident involving a pick-up truck earlier this month, according to Salem-News.com.

I have highlighted the dangers of injuries to Oregon children from ATV accidents in previous blogs. The details of this incident – which involved a dirt bike, rather than an ATV, are, however, a reminder that children far too young to drive can be found operating motorized vehicles and that without the exercise of extreme caution tragedy can result in an instant.

According to the newspaper, the accident began with the boy “riding on dirt trails on his grandparents’ property.” The trail in question was apparently next to the road. Though accompanied by his mother, the child “suddenly drove into the roadway in front of the truck.” The Oregon motorcycle accident took place when the child’s dirt bike was struck by a pick-up truck traveling east on Lakeside Drive in Salem. The paper quotes both witnesses to the Oregon child accident and the driver of the truck telling police that “there was no way for the driver to avoid hitting the child.” The paper reports that there is no indication that the driver was “impaired.”

There are some obvious elements to boating safety – ones we are all aware of: wearing life jackets, for example. But a recent Oregon boating accident at Triangle Lake, which left one child severely injured enough to require evacuation by helicopter, is a reminder that there is much more to a safe summer by the water than life vests.

According to television station KVAL a girl was injured last week when she and “a group of kids on a church outing from the Salem area were being towed behind a 20-foot boat.” The girl “fell off the toy they were being towed on” and later complained of “back and leg pain.” Once at the hospital it was reported that the girl’s injuries are not life-threatening.

It is noteworthy that, according to KVAL, all of the children involved were wearing life jackets. The fact, however, that this precaution still left at least one child open to a potentially serious injury is a sad reminder of the extra precautions we must all take involving boating safety in general and children in particular.

According to The Oregonian a shocking number of Portland-area children have been injured in falls from windows since the beginning of the summer. The newspaper recently reported that there have been eight such accidents in recent weeks, the latest one involving a toddler who fell “from the second-floor window of his family’s Southeast Portland home.”

The paper, quoting Portland fire officials, says the injured Oregon child suffered “a skull fracture and broken teeth.” Thankfully, the child is reported to have suffered no Oregon traumatic brain injury as a result of the accident. Such injuries are a particular concern when children fall from windows, as I noted in an earlier post.

In a related article the newspaper reports that there are roughly 4000 such injuries to children nationwide each year, with Oregon averaging “40 to 50.”

Family and neighbors in Northwest Portland are breathing sighs of relief after a six-year-old boy survived a fall from a second story window without serious injury, according to television station KGW.

It goes without saying that an accident like this could have led to a far more serious Oregon child injury, and will have to serve as a wake-up call for both family members and for many people concerned with kids’ safety. As KGW notes, many parents can easily forget that screens are designed to keep bugs out but are not strong enough to stop even a small child from falling through them.

Teaching children the importance of safety around windows is as crucial as teaching them the dangers of electrical sockets. The link below to the Campaign to Stop Window Falls contains a number of simple safety tips. Many of these amount to basic common sense, such as the group’s admonition to “only allow windows to open 4 inches” by inserting a window stop or similar device into the window track, and a reminder to keep windows locked when they are closed.

A Florida court case involving a defective car seat and a resulting severe spinal cord injury to a child can serve as an important reminder of the crucial role our courts play in holding large companies accountable for the damage they can cause in ordinary people’s lives.

As outlined by the American Association for Justice, the case concerns a Florida girl, now age 7, who suffered a severe spinal cord injury when her father’s car was involved in an accident. Unbeknownst to the father his daughter, then only two years old, “had unfastened the clip (on her child seat) before the collision, leaving her restrained only around the lower torso and permitting a lap-belt-only injury to her spinal cord.”

The article notes that attorneys working for the girl’s parents discovered that the car seat’s manufacturer “had received more than 800 complaints about children unfastening the clip and it had subsequently replaced the clip with a two-piece version that children could not unfasten.” Even so, the manufacturer contended this action on its part was related to “convenience” rather than “safety” and moved to have the suit dismissed. After losing that dismissal motion the company settled with the victim’s family for an undisclosed sum.

A Clatsop County court has convicted a 45-year old Portland man in a case stemming from a fatal drunk driving car crash last year, according to The Oregonian.

The case of Ken Middleton’s Portland fatal car crash is particularly shocking not only because of the sheer amount of alcohol he consumed in the hours leading up to the accident, but also because he got behind the wheel so completely intoxicated despite having his own 13-year-old daughter riding with him. The Daily Astorian reported that Middleton, at his trial, “admitted he had consumed at least 12 beers that day.” His daughter, mercifully, “suffered only minor injuries,” according to The Oregonian.

In addition to Oregon drunk driving Middleton was convicted of manslaughter, second-degree assault and three counts of reckless endangering, The Oregonian reports. The manslaughter charge stems from the death of Andrew Church, a motorcyclist whom Middleton struck head on when he drifted over the centerline as he and his daughter drove along US-30 in Astoria last May.

An innovative program at a high school in Yamhill recently brought together students and local safety officials to demonstrate the dangers of Oregon drunk driving, according to an account in the Yamhill Valley News-Register.

The program, known as SKID (Stopping Kids Intoxicated Driving) was developed in 1998 by the Sheriff’s Office in Washington County, west of Portland. It encourages students to work with local police and fire officials, the sheriff’s office, state police and a local funeral home to demonstrate Oregon drunk driving car crash scenarios that are, in the paper’s words, “highly realistic but not real.”

The demonstration described by the newspaper was designed to simulate the effects of drunk driving and drug use in the imagined aftermath of prom night. In addition to the students assigned to simulate impaired driving, others were texting in the car, some of them riding without wearing seat belts. Those details were designed to emphasize to teens the importance not just of not driving while impaired, but also of not choosing to ride along with an impaired driver.

Oregon parents of a 12-year old boy killed in a go-kart accident in Washington state have filed a Washington wrongful death suit against Benton County, the city of Richland (where the accident occurred) “and several other people and organizations whose negligence (the parents) claim contributed to their son’s death,” the Tacoma News-Tribune reports.

Kenneth McKinster died in 2008 “when his kart slid off the track while he was trying to navigate a hairpin turn during a weekend racing event,” the paper reports. His parents believe the kart itself was poorly designed, and was later improperly maintained by the Tri-City Kart Club and by the city and county which, at the time, owned the track itself. According to area TV station KEVW the case is expected to be heard in court before the end of the year.

Go-karts are motorized vehicles capable of traveling at fairly high speeds but including very few of the safety devices we all take for granted in ordinary cars. That places a special responsibility on the owners and operators of go-karts and similar vehicles when it comes to safety. Injuries to children here in Oregon and Washington can easily occur, as this case tragically demonstrates.

50 SW Pine St 3rd Floor Portland, OR 97204 Telephone: (503) 226-3844 Fax: (503) 943-6670 Email: matthew@mdkaplanlaw.com
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