Articles Posted in Injuries to Minors

In what is, perhaps, one of the strangest and most senseless Oregon traffic accident deaths in recent memory, a two year old boy was killed this week after the jogging stroller in which he was riding was struck by a truck near Corvallis.

According to local media reports the Oregon fatal accident took place at the intersection of Highway 99 and Highway 34 just east of Corvallis. The truck reportedly hit the stroller as it was making a turn onto Highway 99 after stopping at a red light. Television station KPIC, quoting state police officials, reports that the toddler’s mother “may have received some minor injuries to her hands and arms” during the accident. Exactly how the stroller came to be in the intersection at the moment the commercial semi-trailer truck was turning is still under investigation.

This unusually tragic Oregon fatal truck accident raises a number of potential legal questions relating to Oregon child injuries, including a potential Corvallis wrongful death claim. Beyond any criminal issues that law enforcement officials may pursue, situations such as this can also give rise to civil claims. Anyone involved in an accident of this type should consult a Corvallis child injury and wrongful death attorney at the earliest possible time following the tragedy.

Oregon’s Transportation Commission has decided to move up installation of a traffic signal at a dangerous Tualatin Valley Highway intersection in Aloha, following a serious Oregon traffic accident there last month.

An Oregon pedestrian accident on December 20 left three young people, including a 14 year old boy, injured after they were struck by a car while crossing the road at the intersection in the dark. According to a recent report on KATU.com, the accident has prompted the Oregon Transportation Commission to revise its plan to install a pedestrian-activated crossing signal at the location. Installation of the light will now take place next year, rather than in 2012.

Any traffic accident is tragic, but accidents leading to Oregon injuries to children are especially emotional. In the Tualatin incident the 14 year old boy sustained a broken arm, two broken teeth and will require facial reconstruction surgery. He remains in intensive care, according to KATU.

A Gresham, Oregon man this month became the second consumer to file a product liability lawsuit against the makers of the Amby Baby Motion hammock, according to a recent report published in Insurance Journal. The August death of the man’s five month old son was the second fatality linked to the product by the U.S. Consumer Product Safety Commission.

The CPSC issued a recall of the Amby Baby Motion following the death of the Gresham man’s son, urging “parents to stop using Amby hammocks immediately,” according to the article. The Journal reports that, according to the CPSC, about 24,000 units of the product had been sold in the United States prior to the recall.

Defective products are a worry in all aspects of our lives, but when they injure or kill children their impact is particularly severe. These situations are tragic, and they are times when the advice and assistance of an Oregon child injury lawyer familiar with product liability issues can be invaluable. An experienced Portland or Gresham product liability attorney can help you obtain the compensation to which you are entitled to offset medical bills or funeral expenses, lost wages or salary you may have incurred in caring for an injured child and pain and suffering stemming from the accident.

The step-Grandmother of a 16-year-old Eugene girl who died after alleged torture and abuse by her mother and stepfather says she made repeated efforts to warn state child welfare officials of the situation, according to a recent article in The Oregonian. This tragic, and extreme, case of Oregon child injury reminds us all of the importance of accountability whenever the safety of children is in question.

Eugene teenager Jeanette Maples died last week after what court papers describe as “intentional maiming and torturing.” As criminal charges against her mother and stepfather moved forward, the head of Oregon’s Department of Human Services ordered an investigation of the conduct of the caseworkers involved with Maples and her family.

The charges from Maples’ step-grandmother emerged into the media shortly thereafter. Lynn McAnulty says she told child services officials on several occasions over the last few months that she was concerned for Jeanette’s welfare, fearing that the Oregon child’s injuries had been caused by other members of her family.

Lawyers acting on behalf of a brother and sister who were abused and starved while in foster care are suing Oregon’s Department of Human Services for $32 million. The Oregon child injury case is a reminder that civil as well as criminal legal remedies exist for Oregon child injuries.

An 8 year old girl and her 6 year old brother were removed from their biological mother’s care in 2002 because of drug use, according to an article in yesterday’s Oregonian. By 2004, however, the children (then aged 10 and 8) were being beaten regularly and starved by their foster parents in Clackamas County, a situation DHS failed to pick-up on despite several attempts by the children to alert case workers. Eventually the children had to be evacuated to a hospital – the girl with a broken skull.

The lawsuit filed on their behalf seeks $3.3 million in damages for the boy. The remainder is for the girl, who suffered brain damage and will need lifetime physical and mental care. Both children have since been adopted.

State officials are urging parents to take extra precautions to avoid Oregon child injuries this Halloween. The state Fire Marshall, Randy Simpson, told the Wilsonville Spokesman that “an increase in candle use, combined with decorations, costumes and children adds up to increased fire risk.” The paper noted that 125 Oregon fires causing over $2 million in damage have been recorded over the course of the last four Halloweens.

As much-anticipated as Halloween often is by children and adults alike, it can also be a dangerous holiday. Recommendations for safe trick-or-treating and avoiding Portland child injuries have been issued by the Oregon State Police in cooperation with the National Center for Missing and Exploited Children. These include having older children trick-or-treat as a group, making sure younger children are accompanied by an adult at all times and making sure that kids wearing masks can see and breathe properly.

Fire-prevention tips issued by Simpson’s office include purchasing only flame-resistant or flame-retardant costumes, avoiding costumes that drag behind the wearer on the ground (these are more likely to come into unintended contact with a lit jack-o-lantern) and not letting lights and other electrical decorations overload extension cords and electrical sockets.

After a ten-day trial, a Lane County Oregon jury cleared John Deere company and a local distributor of liability in a 2006 Oregon riding mower accident that caused a toddler to lose her leg. The Eugene child injury took place when Kurt Norton accidentally backed over his daughter Isabelle, then age 3.

Isabelle and her family sought $11 million in damages, arguing that poor design made the John Deere riding mower unreasonably dangerous. By a series of 9-3 votes the jury did not agree.

Government and academic studies show lawn mower injuries to be surprisingly common, with riding mowers alone accounting for 37,000 injuries each year, according to a government study. The Consumer Product Safety Commission report examined data from the years 2003-2005. A broader study, conducted by Ohio State University, looked at 15 years of data noting that an average of 9400 children were injured each year over the survey period. The researchers concluded that “injuries related to lawn mowers are an important cause of pediatric morbidity” for which “current prevention strategies are inadequate.”

As part of Child Passenger Safety Week, which runs from September 12 – September 18, 2009, parents and caregivers can go to one of many free safety seat inspection stations located throughout Oregon (see link below) to get their child safety seats checked. The inspection allows trained passenger safety technicians to make sure that you are using the correct seat for your child’s size and that the seat is correctly installed in your vehicle.

While the National Highway Traffic Safety Administration reports that the child safety seat use is at its highest rate ever, 75% of the safety restraint devices are not being used correctly. This can be very dangerous for the child, who can get seriously hurt or die in a Portland, Oregon car accident without a properly fitting, or fitted, child car safety seat.

Of course, there are also the child injuries and deaths that can occur during motor vehicle crashes because a child car safety seat was defectively designed or product flaws occurred during the manufacture process. Over the last several years, the Consumer Product Safety Commission has had to recall child safety seats when these flaws have proved too dangerous that lives are at risk.

Some examples of child car safety seat defects that may lead to products liability lawsuits involving injuries to minors:

• Defective plastic shells
• Harness defects
• Design flaws involving the buckle or latch
• Failure to warn of possible hazards
• Inadequate instructions
It is devastating for a parent to have his or her child suffer serious injuries in any kind of Oregon auto accident. It can be even more upsetting to know that those injuries could have prevented if only your son or daughter had been properly protected by a child car safety seat, a booster seat, a seat belt, or another safety restraint system.

U.S. Transportation Secretary Ray LaHood Launches Child Passenger Safety Week, NHTSA, September 10, 2009
Related Web Resources:
National Child Passenger Safety Week

Child Safety Inspection Stations in Oregon offering free inspections this week

Car Safety Seats: A Guide for Families 2009, American Academy of Pediatrics

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With the new school year beginning to get under way, it is important that motorists remember to watch out for child bicyclists as well as young pedestrians. Injuries sustained by a person during any motor vehicle crash can be serious. They can be especially detrimental to a young boy or girl who is completely unprotected, except for his or her protective gear, from the impact of colliding with a car, a truck, a van, an SUV, or a bus. Unfortunately, Portland, Oregon bicycle accidents resulting in injuries children do happen—especially during the school year.

Per a study by researchers at the Center for Injury Research and Policy at Nationwide Children’s Hospital, bicycle-related injuries involving children and adolescents in the United States are greater public health concern than previously thought:

Per the study’s findings:

• Over 50% of the 85 million US bicycle riders are minors.
• Some $200 million in hospital inpatient charges a year are a result of bicycle injuries involving people younger than age 20.
• Bicycle riding is also the child recreational sport that results in the largest number of emergency room visits.
• Some 10,700 kids are hospitalized each year for an average of three days because of their bicycle-related injuries.
• Motor vehicles are a factor in about 30% of bicycle-related hospital stays.
• 1/3 of kids with a bicycle injury serious enough to require hospitalization had sustained a traumatic brain injury.

The study was published in Injury Prevention’s October 2007 issue.

If your child is going to ride a bicycle, it is important that you teach him or her the proper safety precautions to avoid getting involved in an Oregon bicycle accident. Safety measures include:

• Using a helmet.
• Wearing clothing that is close fitting and allows for easy visibility.
• Knowing the traffic laws.
• Staying on the right side of the road even as you flow with traffic.
• Watching the vehicles around you.
• Paying attention.
• Signaling when making turns.
• Making sure that the bike is properly maintained.

In many cases, a bicyclist will get involved in a collision with a motor vehicle because a motorist or another party was negligent. This can cause catastrophic injuries to the minor or adult bicyclist.

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An 11-month-boy had to be taken to the hospital after a plastic nail from a Little Tikes toy got stuck in his throat. Fortunately, he has reportedly made a full recovery.

To prevent more choking accidents from happening, however, the Consumer Product Safety Commission and Little Tikes Co. are recalling about 1.6 million Little Tikes Trucks and Workshop Sets. The toys include plastic, oversized toy nails that are about 3 ¼ inches long and 1 ¼ inches in diameter. The CPSC and the toy maker are concerned that other children might choke on one of them. They are asking consumers to remove the nails from the toy and contact the company about getting free replacement parts.

Kids and Choking Hazards
Unfortunately, there are toys out there that pose a choking hazard to children. These toys usually come with small pieces that are tempting for young children to insert in their mouths. Last year, the CPSC reported 292 toy-related child deaths. Choking or asphyxia was involved in 57% of these injuries to a minor fatalities. Many of the victims were children younger than age 5.

Products Liability
It is important that the makers of toys, nursery products, children’s clothing, and infant items make sure that the products don’t contain any parts that could pose a choking hazard to kids and babies.

Babies, toddlers, and infants are more susceptible to choking accidents than adults. Children have smaller airways, which makes it easier for objects that they might put in their mouths to get stuck in their throats, esophagus, or trachea.

Toy makers that design products that pose choking hazards should recall these products immediately. If your son or daughter is seriously injured or died in a choking accident because of a defectively designed toy, you may be able to obtain financial recovery by filing a Portland, Oregon injuries to minor lawsuit.

Little Tikes recalls 1.6 million toys, CNN Money, August 13, 2009
Choosing Safe Toys, Kids Health
Related Web Resources:
Little Tikes

Choking and Choking Hazards, About.com

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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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