Washington DC Injury Lawyer Blog

Our Washington DC personal injury law firm represents children and adults injured in motor vehicle crashes. Unfortunately, DC school bus accidents can be a cause of serious injury to kids—especially because there is no law requiring that these large vehicles be outfitted with seat belts. This means that during a school bus collision, kids on a bus don’t have anything to keep them securely tethered to their seats. As a result, head injuries, traumatic brain injury, spinal cord injuries, and other debilitating injuries are more likely to occur during a crash.

The NHTSA has just turned down a petition calling for a federal law requiring that all school buses come with seat belts. The National Coalition for School Bus Safety and the Center for Auto Safety were the leaders of the petition.

According to the Washington Post, In the Federal Register NHTSA said it considered big school buses among some of the safest vehicles in the country. Their fatality rate is six times less than that of passenger cars. NHTSA also said that of the approximately 19 school kids who die annually in bus crashes, 14 are killed in school bus loading zones—compared to the five that die while on the bus. The federal agency argued that since fatalities in a school bus usually will have occurred because of impact with an object or another auto, seat belts would likely not prevent this. Cost, decrease in the number of passengers, and smaller fleets were also cited as a factor for why mandating seat belts on large school buses did not make sense.

School bus safety coalition member Arthur Yeager, however, noted that it was “hypocrisy” for NHTSA to push for seat belts in almost all other vehicles under their control but not for school buses. (Smaller school buses weighing less than 10K are required to have shoulder-lap belts for their seats.)

Regardless of whether or not a school bus is equipped with seat belts, depending on who caused the crash and the severity of your child’s injuries, you may have reason to seek damages from the school bus operator, the school, the bus manufacturer, the district, the motorist of another car that was involved, and/or the entity in charge of maintaining the road or traffic signals where the accident happened.

Feds reject request to require seat belts on school buses, Washington Post, August 25, 2011

NHTSA Turns Down Petition for Lap/Shoulder Belt Requirement on Large School Buses, School Transportation News, August 25, 2011

Related Web Resources:
Read the petition for rulemaking (PDF)

The Federal Register

Center for Auto Safety

National Coalition for School Bus Safety

More Blog Posts:
Preventing the Non-Crash Auto Deaths of Kids, Washington DC Injury Lawyer Blog, July 26, 201

Tour Bus From Washington DC Involved in Deadly Crash May Have Been Derailed by Tire Blowout, Washington DC Injury Lawyer Blog, July 18, 2011

Frederick County, School Bus Crash Involving Injuries Went Unreported, Say Maryland State Police, Maryland Accident Law Blog, October 28, 2010

Continue reading "NHTSA Rejects Petition Calling for Safety Belts on School Buses" »

While motor vehicle crashes are a leading cause of child fatalities, our Washington DC personal injury lawyers want to warn you of other auto vehicle-related dangers that could put a kid at serious risk. Here are a few of these safety hazards, as identified by the National Highway Safety Administration:

Backover accidents: This usually involves a vehicle backing out of a driveway or parking lot and the driver not realizing that there is a child behind the auto. Backover accidents can prove fatal. Because the vehicle is being operated in reverse, the motorist must take extra precautions to check all viewing mirrors, footage from the backup camera, and perhaps even physically look back to make sure there is no one there.

Power windows: Power windows can entrap a young child’s hands, fingers, feet, neck, or head. It is important to make sure that power window switches have been locked. Otherwise, a child can accidentally activate the switch.

Vehicle rollaway: Leaving the key in the ignition with the vehicle unattended may result in the automatic transmission shifting out of “Park.” This can cause serious injuries to a child left alone in the auto or children outside the car in the event of an accident.

Hyperthermia: According to the NHTSA, heatstroke is the number one cause of non-crash auto deaths for kids under age 14. Already, there have been 21 hyperthermia child fatalities this year. Last year, there were 49 child heatstroke deaths. It is important that young children not ever be left alone in a vehicle—especially in hot weather.

Just this month, the family of one 22-month-old boy filed a wrongful death lawsuit against a day care center because they believe that he was left inside the transport van. With temperatures in the mid-90’s that day, it would have been a lot hotter inside the vehicle.

If your child died in a vehicle-related incident that you believe was caused by another party’s careless, reckless, or negligent acts, contact our Washington DC injuries to a minor lawsuit. Our DC injury law firm would like to offer you a free case evaluation.

Family sues Miami-Dade day care in toddler's death, Sun-Sentinel, July 15, 2011

NHTSA Steps Up Efforts to Prevent Child Deaths in Hot Cars, NHTSA, June 26, 2011

Related Web Resources:
Keeping our Kids Safe, NHTSA

Hyperthermia Deaths of Children in Vehicles, Department of Geosciences

More Blog Posts:
Nearly 800,000 Dorel Child Safety Seats Recalled, Washington DC Injury Lawyer Blog, February 16, 2011

Anne Arundel Accident News: Reckless Driving Blamed in Single-Car Crash that Killed 3-Year-Old, Maryland Car Accident Attorney Blog, July 23, 2011

Toddler and Teen Pedestrians Injured During East Baltimore Car Accident, Maryland Accident Law Blog, July 12, 2010

The father of a 5-year-old student at Sidwell Friends School has filed a $10 million Washington DC injury lawsuit against the school. Arthur G. Newmyer claims that the defendant was negligent for failing to properly supervise a staff psychologist that was counseling his daughter and who ended up having an affair with her mother. Newmyer claims that as a result of the affair becoming known, he and his daughter, who is a kindergartener at the school, suffered severe emotional distress. Newmyer and his wife are separated.

In his DC personal injury complaint, Newmyer says that the school board fired psychologist James F. “Jack” Huntington after he told them the latter was sending sexually explicit emails to his wife. Tara Newmyer says that she and Arthur Newmyer were separated by the time she and Huntington became involved.

Suing for Emotional Distress
Emotional distress/undue emotional suffering is a type of injury that can result from someone else’s actions. For example, emotional distress can occur from losing someone you love in an accident or because you were wrongly diagnosed with a terminal illness by a physician. Sexual assault, false imprisonment, molestation, or watching someone you love get hurt in a collision can also result in emotional distress.

Sometimes, the emotional distress is a result of the alleged wrongdoer’s intentional or reckless infection. In other instances, the emotional distress is caused by the other party’s negligent actions or failure to act, which that resulted in someone suffering emotionally.

Sidwell Friends School sued for $10 million over alleged affair, Washington Post, May 12, 2011

Sidwell Friends Sued for $10 Million by Cuckolded Dad, Washingtonian, May 12, 2011

Related Web Resources:
Sidwell Friends

Read the complaint (PDF)

More Blog Posts:
Former Special Ed Student files Amended DC Personal Injury Lawsuit Against Teacher Who She Says Fathered Her Child, Washington DC Injury Lawyer Blog, April 30, 2011

Transgender Woman Attacked at McDonald’s in Baltimore Says She Was Victim of “Hate Crime”, Maryland Accident Law Blog, April 27, 2011

DC Injury Lawsuit Filed Against FBI Employee Over Hit-and-Run Car Accident, Washington DC Injury Lawyer Blog, April 6, 2011

The family of John Donald Rupp III, a DC Area teenager, is suing Phusion Projects, which manufactures the caffeinated alcoholic drink Four Loko, for his wrongful death. The 15-year-old died when a car hit him near his home last September. His family says that the collision happened after he drank Four Loko, which caused him to become disoriented.

In their wrongful death lawsuit, Rupp’s family accuses the drink maker of negligence and carelessness. They contend that Four Loko “desensitizes users to the symptoms of intoxication,” while upping the risk of injury related to alcohol.

The Food and Drunk Administration has warned that caffeine is not a safe food additive to mix with alcohol. Meantime, experts have said that drinks that have both alcohol and caffeine are associated with high-risk behavior. Weeks after Rupp’s passing, Phusion Project said it would take the stimulants, including caffeine, from its products.

Also a defendant in this wrongful death lawsuit is the RaceWay gas station, where Rupp bought the drink. Rupp’s parents say that the station clerk let their son, who is a minor, buy the drink.

DC Products Liability
If you believe that a food or beverage caused you to become sick or disoriented or behave in a strange manner, you may have reason to file a Washington DC injury claim against the party that sold, made, or provided you with the beverage. Food and drink manufacturers are supposed to make sure that the products that they make are not contaminated or spoiled or contain any substances that could cause serious injury or death.

Prior to the pedestrian accident, Rupp drank two cans of Four Loko. He had been attending a concert and staff there called his mom to ask that she get him because of his “erratic and agitated” behavior. Rupp then left on his own on foot. He either fell or sat on a highway where he was hit by a motor vehicle.

Family Sues Manassas Gas Station After Son's Death, ManassasPatch, May 27, 2011

Maker of Four Loko hit with wrongful death suit, Chicago Tribune, May 19, 2011

Related Web Resources:
Phusion Projects

Four Loko

More Blog Posts:
CPSC Recalls 1M Pool and Hot Tub Drain Covers Because They Pose Drowning and Entrapment Risks, Washington DC Injury Lawyer Blog, May 26, 2011

Wrongful Death Lawsuit Filed Over Elderly Nursing Home Resident’s Salmonella-Related Death from Allegedly Eating Peanut Butter, Maryland Accident Law Blog, January 29, 2009

Mother Sues Crocs for Personal Injury After Son’s Right Toe is Mangled While Riding Baltimore Aquarium’s Escalator, Maryland Accident Law Blog, December 4, 2008

Just two days before the Memorial Day holiday weekend, the Consumer Product Safety Commission has recalled approximately 1 million pool and hot tub drain covers because they could pose drowning and entrapment hazard to children and adults. Hundreds of thousands of pools and hot tubs, both private and public, may be affected. CPSC chairwoman Inez Tenenbaum is asking for public pools that have been using the recalled drain covers to temporarily shut down operation until the drain cover can be inspected, repaired, and/or replaced. However, she did also say that not all of the recalled drain covers will need to be changed or fixed.

The recall was announced because the CPSC found that many of the drain covers, which were supposed to meet the safety regulations that were implemented in 2008, were certified by labs that applied faulty standards. As a result, some of the drains have inaccurate flow ratings.

Our DC injury lawyers are familiar with the serious injuries that can result from pool drain covers that don’t meet the safety standards mandated by 2008 law. The vacuum effect of some drains can be so powerful that without the proper covering, a swimmer can get suctioned to a drain and drown. In 2007, one 6-year-old girl’s intestines were partially sucked out by a swimming pool drain. She had to have transplants of the small bowel, liver, and pancreas, and she eventually died.

The pool and hot tub drains included in the recall were made by a number of companies: A & A Manufacturing, Color Match, AquaStar Pool Products, Hayward Pool Products, Custom Molded Products, Rising Dragon USA, Pentair Water Pool and Spa.

Drain cover recall could close thousands of pools, USA Today, May 26, 2011

Drowning Risk Prompts Biggest Ever Recall Of Backyard Pool Drain Covers, ABC News, May 26, 2011

Eight Manufacturers Recall Pool and In-Ground Spa Drain Covers Due to Incorrect Ratings, CPSC, May 26, 2011

Related Web Resources:
Pool Safety

Virginia Graeme Baker Pool and Spa Safety Act

More Blog Posts:
CPSC Offers Tips to Prevent Washington DC Pool Drowning Accidents, Washington DC Injury Lawyer Blog, May 4, 2011

Pool Drain Sucks Small Intestine From Six-Year-Old Girl; Maryland Residents Push For Tougher Pool Safety Laws, Maryland Accident Law Blog, July 9, 2007

Continue reading "CPSC Recalls 1M Pool and Hot Tub Drain Covers Because They Pose Drowning and Entrapment Risks" »

According to a new study by UC Davis Health System, not all children who sustain minor blunt head trauma need to undergo CT scans. Yet, about half of those who do end up in hospital ERs for this type of injury get a head computed tomography scan. More about the study can be found in the June 2011 issue of Pediatrics.

Our Washington DC personal injury law firm represents children and adults who suffered unnecessary injury or health complications because of medical negligence. If you believe that unnecessary exposure to radiation from a medical device, do not hesitate to contact us and ask for your free consultation.

Researchers evaluated 40,113 under age 18 who went to 1 of 25 emergency rooms between June 2004 and September 2006. 5,433 of the kids were observed before medical staff decided to give them a CT scan. What researchers found is that not only was CT use was lower in the children who were observed, but also this did not affect the quality of care that they received. 3,744 of these kids went home without a scan and only 26 of them came back to have one. Of these children, four had traumatic results and just one had a clinically important injury that required hospitalization for two nights.

The fact that not all children with a minor head injury needs to undergo a head scan to get treated properly is good news, seeing as exposure to radiation through CT scans does carry some health risks—especially for children. A single CT scan to a child’s brain provides a dose of radiation equal to about six months to a year of “background radiation.” Radiation can increase the chances of a child developing cancer later in life.

Obviously some head injuries are serious enough to warrant a CT scan, but it is also important that children not be exposed to radiation from this type of test unnecessarily. It might be a good idea to ask your child’s doctor whether there are other medical imaging tests that can be used that wouldn’t expose your son/daughter to radiation.

UC Davis study examines need for CT scans in children, The Sacramento Bee, May 10, 2011

Observation After Head Injury Cuts Kids’ CT Scans, WebMD, May 9, 2011

Related Web Resources:
Pediatrics

Radiology

More Blog Posts:
Botox May Get Rid of More than Wrinkles, Says New Study, Washington DC Injury Lawyer Blog, April 23, 2011

US Lawmakers Seek to Reinstate Right to Sue Medical Device Makers for Personal Injury and Wrongful Death, Maryland Accident Law Blog, February 19, 2009

Walgreens Pharmacy Misfill Leaves Toddler With Dangerous Drug, Pharmacy Error Injury Lawyer, May 4, 2011

Continue reading "Are Some Children Undergoing Unnecessary CT Scans? " »

With the swimming season fast approaching, the US Consumer Product Safety Commission is reminding parents and guardians to exercise caution so that tragic drowning accidents are avoided. Already, the CPSC says there have been 38 near-drowning and 37 drowning incidents in the US this year. The government agency, along with the Y and American Red Cross, are launching a Pool Safety campaign this year to reduce the amount of child drowning accidents in spas and swimming pools.

Considering that about 300 kids under the age of 5 drown annually and thousands of others are injured in near drowning accidents, employing the proper safety precautions will hopefully save lives. To help prevent Washington DC drowning accidents:
• Makes sure that there is a fence around the pool so that kids can’t get in when there isn’t an adult around
• Don’t allow children to swim unsupervised
• Make sure there is someone at the pool that knows how to perform CPR in the event of an emergency

A pool or spa owner can be held liable for Washington DC personal injury to a child if he/she did not make sure that the pool or hot tub is safe for swimmers. For example, if someone drowns at a public pool that should have (but didn’t) have a lifeguard on duty or because the wasn’t properly cleared of leaves and other debris so that it would be easy to spot someone in trouble at the bottom of the pool, the victim or his/her family may have grounds for a lawsuit.

Common causes of pool or spa drownings:
• No fence or pool cover
• Inadequate warning signs
• Lack of rescue equipment in the pool area
• Drain entrapment (Could be grounds for a DC products liability case)
• Inadequate pool maintenance
• No lifeguards
• Defective pool or spa equipment

Our Washington DC injury lawyers represent families throughout the DC area and Maryland.

Pool & Spa Safety Educational Video Transcript, Pool Safety.gov

75 Drownings and Near-Drownings in 15 Weeks, CPSC, April 21, 2011

Related Web Resources:
Unintentional Drownings, Centers for Disease Control and Prevention

Drowning Prevention Fact Sheet, Safe Kids USA

More Blog Posts:
Six-Year-Old Girl Dies in Washington DC Drowning Accident at Turkey Thicket Pool, Washington DC Injury Lawyer Blog, July 12, 2010

In Maryland, Accidental Drowning Of Anne Arundel County 5-Year Old Renews Calls For Greater Pool Safety, Maryland Accident Law Blog, October 13, 2006

Family of Baltimore County Woman that Drowned in Apartment Complex Pool Files $100 Million Wrongful Death Lawsuit, Maryland Accident Law Blog, August 15, 2008

Continue reading "CPSC Offers Tips to Prevent Washington DC Pool Drowning Accidents" »

With spring well under way, more kids are making their way back outdoors and onto playgrounds. Unfortunately, playground accidents are a leading cause of injuries to children in the 5-14 age group. SafeKids USA reports about 150,000 playground injuries a year result in ER visits, with injuries ranging from cuts, bruises, and scrapes to traumatic brain injuries, fractures, broken bones, dislocations, amputations, and other serious injuries. Approximately 10 playground fatalities occur in the US annually. Washington DC playground accident injuries can occur in public parks, private backyards, residential areas, daycare centers, on school grounds, and other premises where playground equipment has been set up for kids to use.

Common Causes of DC Playground Accidents:
• Inadequate supervision
• Defective or deteriorating playground equipment and rides
• Poorly designed playgrounds
• Inadequate maintenance
• Rust or sharp edges on equipment
• Inadequate protective surfacing that doesn’t provide a proper cushion in case of a fall
• Not enough space between equipment
• Trip hazards
• Playground equipment that is inappropriate or too advanced for the kids that are likely to use them
• Elevated surfaces that lack guardrails

Playground operators must make sure that their premise and the equipment on it are safe for use and that all precautions have been taken to decrease the chances of a DC playground accident. It is also the responsibility of playground equipment manufacturers to make sure that their products are safe for us.

Examples of Common Playground Accidents
• Falls from slides or jungle gyms
• Trip and fall accidents
• Burn injuries from equipment made of metal that can get hot
• Falls from swings

Playground Injuries, CDC

Playground Safety, Safekids

More Blog Posts:
Six-Year-Old Girl Dies in Washington DC Drowning Accident at Turkey Thicket Pool, Washington DC Injury Lawyer Blog, July 12, 2010

Baltimore's Public Housing Authority Says It is “Not Possible” To Pay Judgments in Maryland Lead Poisoning Cases, Maryland Accident Law Blog, April 11, 2011

Family of Girl Electrocuted at Druid Hill Park Softball Field Revisits Maryland Wrongful Death Lawsuit Against the City of Baltimore, Maryland Accident Law Blog, May 12, 2010

Continue reading "Washington DC Playground Accidents are a Leading Cause of Injuries to Minors" »

The National Highway Traffic Safety Administration says it is recalling nearly 800,000 child safety seats made by Dorel Juvenile Group. The recall, which affects infant, convertible, and booster seats, was issued because of concerns that the harnesses may not be able to keep children secure. Our Washington DC products liability law firm represents children injured because their child safety seat or another product failed or was defective and we are pleased to hear that steps are being taken to remedy a hazard that could potentially endanger kids and babies.

The recalled child safety restraints were manufactured between May 1, 2008 and April 30, 2009. They were sold under the brands Maxi-Cosi, Safety 1st, Julie Vallese, and Eddie Bauer. There is concern that because the harness locking and release button do not always go back to its locked position, the harness adjustment strap might slip back through the adjuster while a child moves around in the seat. This could loosen the harness, placing the child at serious risk of injury during a traffic crash.

While Dorel says it has received 143 complaints over the front harness loosening, the manufacturer was quick to say that it does not consider the issue to be a safety defect and that no related reports of injuries or deaths have been filed.

DJG says it will give consumers a repair kit to fix the safety issue. Consumers can keep using the DJC child safety restraints before the remedy has been applied, but they should make sure that the lock/release button is securely in the locked position and that the harness is properly adjusted and hasn’t come loose.

Washington DC Personal Injury
A child can die during a DC car crash because he/she was seated in a defective car seat. This is why it is so important that manufacturers make sure their child safety restraints are designed and made properly. Common child safety seat defects:

• Poor construction
• Design defects
• Shell separation
• Harness defects
• Mechanism failures
• Inadequate instructions
• Insufficient testing of seats

Nearly 800,000 Dorel Child-Safety Seats Are Recalled, NY Times, February 14, 2011

Consumer Advisory: Dorel Recalling Nearly 800,000 Child Safety Seats For Safety Harness Issue, NHTSA, February 14, 2011

Related Web Resources:
Dorel Juvenile Group

Child Safety Seats, US Department of Transportation

Related Web Resources:
Drop-Side Cribs No Longer Allowed, Rules CPSC, Washington DC Injury Lawyer Blog, December 22, 2010

Preventing Washington DC Injuries to Children: Graco Strollers, Fisher-Price Toys, and Drop-Side Cribs by Ethan Allen, Victory Land, and Angel Line Among Latest Recalls Issued, Washington DC Injury Lawyer Blog, October 23, 2010

CPSC Recalls “ChildESIGNS” and Generation 2 Worldwide Drop-Side Cribs Following Three Child Deaths, Washington DC Injury Lawyer Blog, February 10, 2010

Continue reading "Nearly 800,000 Dorel Child Safety Seats Recalled " »

Last year, our Washington DC wrongful death lawyers reported on a DC injuries to minors accident linked to a baby monitor cord. Savannah Caroline, 10 months, died last March after she became entangled in the cord. Eight months later, a 6-month old baby died after he too was strangled because of his video monitor’s cord.

Now, Summer Infant and the Consumer Product Safety Commission are recalling about 1.7 million video baby monitors. The recall will allow Summer Infant to provide new on-product warning labels and instructions so that parents and guardians will know where they can place the baby monitor so that it doesn’t pose an injury hazard to kids. Summer Infant is also recalling the rechargeable batteries of another 58,000 video monitors because they pose a possible burn hazard. These monitors were sold at Babies R Us in 2009 and 2010.

Injuries caused by products that malfunction, have design defects, or fail to provide instructions or warnings on proper use can be grounds for a Washington DC products liability lawsuit against the manufacturer. The supplier or seller can also be held liable for DC personal injury or wrongful death for making the defective or dangerous product available for purchase.

Strangulation is an all too common problem when it comes to babies and certain product defects. Manufacturers know this and it is their responsibility to prevent these types of accidents from happening.

Last year, the CPSC provided a Safety Alert warning parents of what to do to keep their kids from strangling in a baby monitor cord:

• Make sure that the cord and the monitor is placed far away enough that the baby cannot reach for it.
• Make sure that the cord is over three feet away from any crib, play yard, bassinet, or sleeping area.
• As your baby grows, constantly check to make sure that he/she still cannot reach the monitor cord.

Two Strangulation Deaths Prompt Summer Infant to Recall Video Baby Monitors with Cords; Firm to Provide New On-Product Label & Instructions, CPSC, February 11, 2011

Big recall of baby monitors linked to 2 deaths, AP/Google, February 11, 2011

Related Web Resources:
Baby Products, Consumer Reports

Recalls

Related Blog Posts:
Washington DC Injury: Strangulation Accident Involving Baby Monitor Cord Causes 10-Month-Old's Death, Washington DC Injury Lawyers Blog, October 28, 2010

Preventing Washington DC Injuries to Children: Graco Strollers, Fisher-Price Toys, and Drop-Side Cribs by Ethan Allen, Victory Land, and Angel Line Among Latest Recalls Issued, Washington DC Injury Lawyers Blog, October 23, 2010

Washington DC Injuries to Children: Banning Drop-Side Cribs, Washington DC Injury Lawyers Blog, August 17, 2010

Continue reading "Washington DC Strangulation Accident Prompts Baby Monitor Recall" »

While New Year’s Eve and Day are definitely occasions to mark with celebration, it is unfortunate that there are people who may end up dying or getting seriously hurt in a Washington DC car accident because another person was driving while drunk. Hopefully, the more aggressive push by lawmakers and law enforcement officials through their "Drunk Driving. Over The Limit. Under Arrest" campaign will help keep more people safe this year. That said, it is still up to motorists to refrain from driving drunk.

According to new analysis from the AAA Foundation for Traffic Safety, at about 80 drunk driver-related deaths on New Year’s Day, the average number of traffic fatalities where alcohol is a factor goes up by almost 150% more than if it were the same day of another week during the holidays. For example, in 2005 when New Year’s fell on a Saturday, there were more alcohol-related deaths at 98 fatalities than if the holiday fell on the season's other Saturday. Last year, there were 73 drunk driving fatalities on New Year’s Day. New Year’s Eve fell on a Thursday night. Unfortunately, although many Americans don’t approve of drunk driving, AAA says that many of them do it anyway.

These fatality figures don’t take into account the number of injuries that can occur on New Year’s Day as a result of alcohol. Per the U.S. Department of Health and Human Services, among underage drinkers alone, 1,980 of them went to the hospital on January 1. That’s a lot more than the approximately 546 who end up in the hospital on a typical day. Drunk driving, other alcohol-related accidents, and acute intoxication were among the causes. There are, of course, also adults and children who may have sustained injuries in a New Year traffic crash involving alcohol.

Steps motorists can take to drive safely into 2011:
• Appoint a designated driver.
• Don’t let your friends drive while drunk even if they think they can.
• Don’t get in the car with a drunk driver.
• Pack an overnight bag just in case you end up drinking more than you intended.
• Bring cab money just in case.
• Be careful if you choose to walk to or from your destination. The Insurance Institute for Highway Safety says New Year is the deadliest day of the year for pedestrians.

Beware of heightened drunk driving dangers this New Year’s Eve, Consumer Reports, December 30, 2010

U.S. Transportation Secretary Ray LaHood Announces Holiday Drunk Driving Crackdown, NHTSA, December 13, 2010

Underage drinkers a New Year's hazard, Washington Examiner, December 30, 2010

Related Web Resources:
What to do after a car accident, MSN

Metropolitan Police Department, DC.gov

Maryland Car Accident Attorney Blog

Trucking Accident Lawyer Blog

Continue reading "Number of Fatal Drunk Driving Crashes Up Almost 150% on New Year’s Day, Says AAA Foundation for Traffic Safety" »

Consumer Product Safety Commission has voted to ban the manufacture and sale of drop-side cribs. Under the new government crib standards, which hadn’t been modified in almost three decades, all cribs must have fixed sides by June 2011. Hotels and daycare centers also have to get rid of any drop-side cribs that they have been using, which the CPSC estimates will affect about 935,000 drop-side cribs and could cost around $467.5 million. Some 43,303 inns and hotels and 59,555 day-care firms are expected to be impacted.

The new federal standards calls for better labeling on crib parts, tougher testing, which includes tests that mimic what its like to have an actual child in a crib, better mattress support, and sturdier crib hardware. While drop-sides have proved convenient for adults wanting to more easily reach their children that are in the crib, drop-side malfunctions, too big of a gap created between the drop side and the mattress, broken crib slats, and other defective crib parts have proven too dangerous.

The CPSC has recalled over nine million drop-side cribs since 2005 and over 11 million cribs since 2007. At least 32 child deaths have been linked to strangulation and suffocation accidents involving drop-side cribs. There have been other deaths linked to defective or faulty crib hardware.

Our Washington DC products liability lawyers are concerned over the number of injuries and deaths that continue to occur because of dangerous or defective products. Hopefully, the ban on drop-side cribs will reduce the injury and death rates of young children.

A few months ago, USA TODAY said that its analysis of data from CPSC found that prior to issuing crib recalls, 14 crib companies were named in over 900 incident reports involving drop-side crib-related deaths and injuries. Crib entrapment, strangulation, and suffocation are among the causes of serious crib injuries to a child. Fall accidents caused by a malfunctioning drop-side crib can also result in painful injuries.

Day Cares, Hotels Must Replace All Cribs on U.S. Safety Rules, Bloomberg/Businessweek, December 22, 2010

CPSC's ban on drop-side cribs takes effect in June, USA Today, December 16, 2010

CPSC Approves Strong New Crib Safety Standards To Ensure a Safe Sleep for Babies and Toddlers, CPSC, December 17, 2010

Drop-side crib ban 'a long time coming', Sun-Times, December 16, 2010

Related Web Resources:
Consumer Product Safety Improvement Act of 2008 (PDF)

Product Recall Finder, BabyCenter

Continue reading "Drop-Side Cribs No Longer Allowed, Rules CPSC" »

The US Public Interest Research Group has published its 25th annual toy safety report called “Trouble in Toyland.” The group is warning buyers to watch out for potentially dangerous or toxic toys that will be available on store shelves this holiday season.

Also, among the study’s findings:
• Choking is still the leading cause of toy-related deaths in the US.
• Despite the recall of millions of toys because of high levels of lead, there may still be children’s jewelry and toys being sold that contain unacceptable levels of lead.
• Even though there is now a ban on three classes of phthalates in kids’ products, PIRG still found products containing levels of phthalates that were too high.

Our Washington DC child injury lawyers know how much care you invest in protecting your child and we aware that it can be incredibly upsetting to discover that your son or daughter became sick, got hurt, or died because a manufacturer made a defective or dangerous toy.

Recently, World Against Toys Causing Harm (WATCH) Inc. put out its 2010 list of 10 Worst Toys:

• Buzz Magnets: Small magnet pieces can pose a choking hazard. If the magnets are swallowed, they can cause serious internal injuries.

• Spy Gear Split-Blaster: Darts used by this toy can cause serious eye injuries.

• Kung Fu Panda Sword of Heroes: The sword’s hard plastic can cause serious injuries upon impact.

• Big Bang Rocket: Loud noise made by the toy rocket can potentially cause hearing damage.

• Supasplat Splatblaster: High velocity toy gun can cause eye, facial, and other injuries.

• Animal Alley Pony: Fiber-like hair on the ponies can pose an aspiration or ingestion hazard.

• Walkaroo II Aluminum Stilts: WATCH questions whether it is realistic to expect kids as young as age 5 to stay balanced on the stilts. May cause head or other injuries during a fall.

• My First Mini Cycle: Can pose a head injury risk if toddler riding it falls off. Helmet use is strongly recommended.

• Ballzillion Tug Boat Play Center: Can cause injury or death if used as a flotation device.

• Pull Along Caterpillar: The breakaway pull string can pose a choking hazard to babies.

Trouble in Toyland: The 25th Annual Survey of Toy Safety, US PIRG, November 23, 2010

Trouble in Toyland: This Year's Dangerous Toys, Fox 8, November 23, 2010

WATCH's 10 most dangerous toys, Boston.com

Related Web Resources:
Read PIRG's Report (PDF)

World Against Toys Causing Harm

Maryland Accident Law Blog

Continue reading "Dangerous Toys Still Found on Store Shelves, Says PIRG" »

The District has agreed to pay $10 million over the catastrophic beating of a young boy at the hands of his foster mother. The child, Rafael Pearson, sustained a massive brain injury from the assaults.

Pearson, whose biological mother was suffering from drug addiction, was just a few days old when he was placed in the hands of foster mom Tanya Jenkins. 46 days later, he was nearly dead after she had severely shaken and beaten him. Pearson ended up on life support for days.

Today, he remains profoundly disabled and will require 24-hour care for the rest of his life. The young boy will eventually go live at his grandmother’s home where an elevator will have to be installed. The DC child injury settlement will be paid out in 3 installments and is there to provide for his medical care for the rest of his life.

According to the Washington Post, Child and Family Services Agency placed Pearson with Jenkins, even though she had sent back another child that had been placed with her after just five weeks. Jenkins reportedly agreed to take the baby because she needed the money. Although a social worker should have been visiting Pearson once a week for the first eight weeks of his stay with Jenkins, only one visit was made by the agency during the time that he was in her care.

In court documents, prosecutors said that Jenkins admitted to the authorities that she had struck, shaken, and dropped Pearson on more than one occasion. Jenkins was sentenced to 12 years in prison for cruelty to children.

Inflicted Traumatic Brain Injury
According to KidsHealth.org, inflicted traumatic brain injury, also called abusive head trauma, can occur when a child is shaken, dropped, struck, or thrown. Head trauma is the number one cause of child abuse-related deaths. Most victims are under the age of 1. Parents and caregivers are the most common perpetrators. About 60% of shaking injury victims are male.

D.C. settles for $10 million in foster care abuse case, The Washington Post, November 8, 2010

Abusive Head Trauma, KidsHealth.org

Related Web Resources:
Child and Family Services Agency, DC Gov.

Brain Injury Association of America

The US Consumer Product Safety Commission wants parents and caregivers to know that placing a baby audio and video monitor cord too close to a crib can create a strangulation hazard for kids. It was just in March that 10-month old died in a Washington DC strangulation accident when she became entangled in the camera monitor cord.

According to the Savannah Caroline’s parents, Charlie Pereira and Lisa Rushton, their daughter grabbed for the monitor, which had been placed out of her reach, pulling the device into the crib with her. Although a recall has not been issued, the CPSC is cautioning adults and guardians to be careful and make sure the monitor is far away from a child’s grasp.

The CPSC says it has received six infant death reports involving this type of monitor since 2004. There have also been reports of three babies who became entangled in the cord but were rescued before they suffered serious injuries.

According to experts, kids and cords together can create a dangerous situation. Entanglement, choking, and strangulation can occur. The CPCS is offering a number of recommendations for how to make sure that your child doesn’t accidentally get caught in any type of cord:

• Use a wireless baby monitor.
• If you are using a corded monitor, keep the monitor and cord away from children.
• Keep other cords, such as drapery cords, lamp cords, and other electrical cords away from your child.
• Any type of long material (for example, long drawstrings on a piece of clothing) that your child can get entangled in may pose a strangulation hazard.

Product manufacturers can be held liable for products liability if their product is designed in such a manner that can cause injuries. Product malfunction and failure to warn of a hazard can also be grounds for a Washington DC products liability case.

Parents Say Baby Monitor To Blame For Daughter's Death, ClickOnDetroit, October 21, 2010

Keep Baby Monitor Cords Out of Reach, CPSC, October 12, 2010

Related Web Resources:
Most Childhood Injuries Occur at Home, The Children's Hospital

Children's Safety Network

Continue reading "Washington DC Injury: Strangulation Accident Involving Baby Monitor Cord Causes 10-Month-Old's Death " »

Ethan Allen, Angel Line. and Victory Land announced the recall of over 40,000 drop-side cribs today. The recalls come after six children were injured.

The cribs can pose entrapment, suffocation, and strangulation hazards in the event that the drop-side rail detaches, malfunctions, or fails. A partial detached drop-side rail can create a space between the rail and the mattress that a toddler or infant can easily fall into and get trapped in. Fall accidents from the crib also occur. Aside from poor materials and defective design, wear and tear and incorrect assembly can also cause a drop-side to malfunction.

Also this week, Graco recalled about 2 million strollers following reports that four babies had died from strangulation. A baby who was seated in the stroller but not strapped in can slide down in between the tray stroller and the seat bottom and get stuck there, which can result in strangulation. It was just earlier this year that Graco recalled 1.5 million strollers because the hinges on the stroller canopy could amputate or cut a child’s fingertips when the canopy was opened or shut. The defect resulted in at least five fingertip amputations and two fingertip lacerations among kids.

Our Washington DC child accident lawyers want to remind you that there may be legal remedies available to you and your family. Manufacturers can be sued for DC products liability.

It wasn’t even a month ago that Fisher-Price recalled more than 10 million tricycles, toys, and high chairs over different defects that could cause injuries to children. Included in the recall announcement were about 7 million Fisher-Price Trikes and Tough Trikes toddler tricycle, some 100,000 Fisher-Price Little People Wheelies Stand ‘n Play Rampways, nearly 3 million Fisher-Price infant toys that come with inflatable balls, and over 800,000 high chairs. Choking hazards and other injuries can result.

Thousands of drop-side cribs recalled, ABC Local, October 22, 2010

Strangulation, Entrapment Risk for 2 Million Older Graco Strollers, WEB MD, October 20, 2010

The Fisher-Price recall: Should parents worry?, The Week, October 4, 2010

Related Web Resource:
Consumer Product Safety Commission

Continue reading "Preventing Washington DC Injuries to Children: Graco Strollers, Fisher-Price Toys, and Drop-Side Cribs by Ethan Allen, Victory Land, and Angel Line Among Latest Recalls Issued " »

The family of two-year-old Stephanie Stephens is suing the city of Washington DC and DC Fire and EMS for her wrongful death. Stephens, who died last February, was allegedly refused medical transport after her parents contacted 911. At the time, she was having problems breathing. Yet it would be another 8 hours, and after Stephens’ condition grew worse and her mother contacted 911 again, before the toddler would finally be transported to the hospital.

Stephens later died from pneumonia. She also had septic shock and a strep infection.

According to the plaintiffs, who are also seeking damages for Washington DC medical malpractice, paramedics that arrived following the first 911 call failed to diagnose any of these health issues.

In their Washington DC wrongful death lawsuit, Stephens’ family claims that the three paramedics that arrived at the scene not only gave the little girl an inadequate examination, but also they refused to transport her to a hospital and were only in the home for 10 minutes.

The plaintiffs contend that DC fire and EMS improperly trained its EMTs and that paramedics have had problems passing training tests. In March, DC Police announced a criminal probe into one of the paramedics that responded to the emergency call. No charges have been filed.

Stephens’ family believes that the little girl would have survived if only the first EMS team had taken her to the hospital. They are seeking compensatory and punitive damages.

If you believe that Washington DC paramedic malpractice contributed to the injuries or illness of you or someone you love, you may have grounds for a DC personal injury claim or wrongful death case.

Family of 2-Year-Old Files Wrongful Death Lawsuit Against DC, MyFoxDC, September 30, 2010

Parents of infants and toddlers can breathe a little easier. The CPSC is working to ban drop-side cribs by next year. Not only did the federal agency vote last month to cease drop-side crib manufacture, sales, and resales, but also it approved proposed new mandatory crib standards and agreed that cribs with drop sides should removed from daycare centers and hotels. Proposed requirements for the construction of new crib include use of better wood, stronger hardware, and sturdier mattress support.

Drop-side cribs have been a danger to kids for some time. In just the last decade, at least 32 children have died while in drop-side cribs. 14 other crib deaths occurred during entrapment accidents that may have been caused by a drop side.

Although current federal safety rules considers any product that malfunctions or breaks repeatedly to be a defect, this hasn’t stopped 14 crib companies from being named in over 900 drop-side related incident reports, many involving child deaths and hundreds of injuries. In the last three years, alone, the CPSC has recalled over 10 million drop-side cribs because they pose fall, suffocation, and entrapment hazards to kids. According to USA Today Simplicity, Delta, and Stork Craft have been the three largest makers of drop-side cribs.

Our Washington DC products liability lawyers want to remind you that crib manufacturers can be held liable for any injuries to a minor sustained by your infant or toddler. We know how devastating it can be to discover that your child’s crib, one of the few places where you would leave your infant or toddler unattended, actually ended up becoming a cause of injury or death.

Ban on drop-side cribs coming soon from safety agency CPSC, USA Today, August 12, 2010

Government nears new standards for cribs, ban on drop-side cribs, CNN, July 15, 2010

CPSC Proposes New Rules for Full-Size and Non-Full-Size Cribs, CPSC, July 14, 2010

Related Web Resources:
Crib Recall 2010: Full List to Keep Your Kids Safe (Evenflo, Delta, Child Craft, Jardine, LaJobi, Million Dollar Baby, Simmons, CBS News, June 24, 2010

CPSC Recall List, Consumer Product Safety Commission

Continue reading "Washington DC Injuries to Children: Banning Drop-Side Cribs" »

11-year-old Zachary Hodges has died. The boy passed away on July 12 one day after sustaining a severe head injury during a Georgetown pedestrian accident in Washington DC.

The woman whose car struck Hodges did not sustain any injuries. Following the Washington DC pedestrian accident site, the driver and her passenger stayed at the crash site.

Hodges is not from the area. His family was in Washington DC for a visit when the tragic accident occurred.

Child Pedestrians
Young children are at high risk of becoming involved in a pedestrian accident. Not only are they smaller and harder for some motorists to see, but they lack the judgment to known when it is safe to cross the street, sometimes opting to run into the road to pick up a ball or get to their friends who are playing on the opposite sidewalk. Many young children have no real sense that crossing the street can be dangerous. They may have a hard time gauging how fast a car is moving or whether there is enough time to cross the road before they are hit by a motor vehicle.

Although parents are responsible for training their child to safely cross the street and making sure that younger kids do not cross the street without adult supervision, it is still a motorist’s responsibility to drive safely, obey the traffic laws, and refrain from negligent or careless driving so that they don't accidentally injure a pedestrian.

Name Of Texas Boy Killed In D.C. Auto-Pedestrian Accident Released, KWTX, July 13, 2010

Boy struck by car in Georgetown dies, The Washington Post, July 12, 2010

Related Web Resources:
Educating Child Pedestrians, WalkingInfo

District Department of Transportation

Maryland Accident Law Blog

Continue reading "Washington DC Pedestrian Accident Kills 11-Year-Old Boy in Georgetown" »

A Washington DC drowning accident has claimed the life of a young girl. The six-year-old girl who was pulled from a Turkey Thicket Recreation Center pool on June 23 was later pronounced dead at Children's National Medical Center.

Bystanders performed cardiopulmonary resuscitation on the victim while waiting for fire and rescue officials to arrive. A lifeguard was on duty when the girl drowned.

Witnesses say the girl jumped into the deep end from the diving board and that at the time the pool was very crowded. According to reports, it was the next person to get on the diving board who notified the lifeguard that the young girl was at the pool bottom. The pool is about 12-feet deep.

Child Drowning Facts (CDC):

• There were 3,443 accidental drowning deaths in the US in 2007.
• More than one in every five drowning deaths are kids from the 14 and under age group.
• For every child drowning death, four other children will have received emergency medical care for their drowning injuries.
• Drowning injuries can result in permanent brain damage.

Reasons why a pool drowning victim or his/her family may have grounds for a Washington DC personal injury or wrongful death claim:

• Inadequate safety equipment
• Lack of supervision by a lifeguard or a qualified adult
• Failure to warn that there is no lifeguard on duty
• Improper maintenance
• Improperly attached ladders
• Maryland slip and fall hazards
• Improperly installed diving boards
• Failure to clean the pool properly, which can make it hard to see anyone who may be drowning
• Failure install the regulation pool drain that is now mandated by law
• Failure to secure/lock pool area during off hours

6-year-old drowns in NE D.C. public pool, Washington Post, June 23, 2010

Young Girl Drowns At DC Rec Center Pool, WUSA9, June 23, 2010

Unintentional Drowning: Fact Sheet, CDC

Related Web Resources:
Turkey Thicket Recreation Center

Pool and Spa Safety Publications, Consumer Product Safety Commission

Maryland Accident Law Blog

Continue reading "Six-Year-Old Girl Dies in Washington DC Drowning Accident at Turkey Thicket Pool" »