Articles Posted in Child Injuries

Early this June, CBS Local reported that an 18-year-old girl was seriously injured in a swimming pool accident. The teen suffered a spinal injury, a fractured skull and a broken wrist. The teen also faces trespassing charges because she and a friend were allegedly “pool-hopping” at the time of the accident. Essentially, this means that the teens broke into someone’s back yard to go swimming. Unfortunately, they chose the backyard of someone whose pool had been emptied for repairs, which was how the 18-year-old was injured when she jumped in. 1341083_neglected_pool.jpg

Our Boston accident attorneys know that swimming pool accidents are far-too-common over the summer months. While pool-hopping teens may not be a common occurrence, trespassers coming onto properties to use swimming pools occurs frequently through the hot summer months, and many of these trespassers are young children who could drown within minutes. Young kids are even at risk of drowning in swimming pools with parents in arm’s reach, since most people don’t really recognize the signs of drowning.

Keeping kids (and teens) safe from summer swimming pool accidents thus needs to be a joint-effort. Parents and caregivers should do their part by supervising their kids carefully, teaching their kids to swim and learning the signs of drowning. Pool owners need to carefully secure their swimming pools to ensure that kids don’t wander into the pool and lose their lives.

Protecting Kids from Swimming Pool Accidents

The homeowner of the pool where the 18-year-old kid was injured had done everything right to try to prevent accidents and trespassers. The homeowner was actually a building inspector for the town of Westford whose job it is to make sure pools are up-to-code. He had a six-foot privacy fence to block the view of the pool and a four-foot-tall chain link fence around the rest of the area.

While his fence did not keep the teens out because they were intent on trespassing, it would have kept out an average child wandering around the neighborhood.

Having a fence is so important that the U.S. Consumer Product Safety Commission recently issued a call-to-action encouraging homeowners to put a fence around all pools. The CPSC’s news release on the fence issue was sent out because the majority of kids who drown -390 each year on average- do so in backyard pools.

Having the pool fence can protect these young children and it also protects homeowners from being held legally liable for injuries that kids sustain.

Of course, while a fence can keep trespassing kids out, kids are also at risk when swimming with permission unless they are carefully supervised. Supervised mean not just keeping an eye on them, but also knowing how to recognize the signs of drowning.

Unfortunately, many believe that drowning involves flailing and splashing like they see in the movies. The reality, however, is very different. As a Slate article recently indicated, drowning doesn’t usually look like drowning because a drowning person cannot cry out for help or flail. A drowning person cannot cry out because he cannot breathe, and he cannot flail because his drowning mechanism will cause him to extend his arms laterally and press down on the water’s surface.

Actual signs of drowning thus include a mouth that sinks and reappears regularly; movements that look as if the drowning person is climbing a ladder; and having glassy, closed or unfocused eyes.

If homeowners put up fences and parents and caregivers learn the signs of drowning this summer, hopefully there will be fewer deadly or dangerous drowning accidents and kids will make it through the summer season OK.
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Officials with the Consumer Product Safety Commission (CPSC) are still working to help Americans stay safe around dangerous products that can cause serious harm in our household. As one of the longest-running campaigns, officials with the CPSC are still proudly pushing National Poison Prevention Week (NPPW).
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One of the most effective moves made through this campaign is the standard requiring child-resistant closures on specific medicines and other households chemicals. Unfortunately, companies don’t always live up to the standard.

Our Boston child injury attorneys understand that our children are curious and don’t always understand the risks that are associated with specific (and dangerous) chemicals and medicines in our home. For that reason, this campaign was launched about 50 years ago. Today, there are about 40 children that are killed because of these unintentional poinsonings each and every year. Although we’re making progress is working to prevent these kinds of accidents, we’ve got quite a ways left to go.

“Products that pose a toxic risk to children need to be locked up and put away from their reach,” said CPSC Chairman Inez Tenenbaum.

In recent weeks, the CPSC has issued warning about the poisoning dangers that are involved with coin-sized batteries. They also released warnings for single-load liquid packets for our laundry. Children are getting their hands on these products, which can lead to serious or even fatal injuries.

Officials with the CPSC asked battery makers to make tougher packaging for their batteries and laundry detergent in particular, and to make packaging less appealing to children.

Our young children land in the hospital and in emergency care because of ingesting and swallowing these kinds of products. And the CPSC has a message to parents: “These incidents are preventable.”

Parents should keep all dangerous products out of reach of children. Don’t even let them have the chance to access these products. Although they may have “child protective” sealing, there’s no telling when these seals will fail.

While you’re using these products, you never want to let your children leave your sight. You know how sneaky our little ones can be. Keep an eye on them.

It’s also a good idea to keep the original labeling on your products, not only for your own safety, but for the safety of your children, too. With that being said, it’s important that you read the labeling for each use. With medicines, you want to make sure that you’re delivering the proper dosage. And don’t trick your children into taking the medicine by referring to it as “candy.” Always call it “medicine” and tell them what it’s for. Explain to them what medicine is, what it’s used for and the dangers of being consumed when unnecessary.

It’s important that you keep the phone number to the national Poison Help Line in your home — 800-222-1222.
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March 20 marks the first day of spring this year. While here in Boston, we’ll still be thawing out from a rough winter, it’s not too early to think about you’re child’s bicycle safety, as kids will no doubt be begging to get out and ride within a few short weeks.
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Our Boston child injury lawyers know that city officials have been keeping closer tabs on bicycle trends and related crashes in recent years, as bicycle ridership increased 122 percent between 2007 and 2009.

In part, this is due to certain bicycle-friendly improvements throughout the city, including many miles of bicycle lanes in various locations.

We don’t know exactly how many of those riders are children, but we do know that while about 72 percent of Boston cyclists report wearing helmets, just 45 percent of those requiring EMS attention were wearing head protection. Wearing a helmet, according to the National Highway Traffic Safety Association, reduces the risk of brain and head injuries by nearly 90 percent.

Yet, the NHTSA noted, just 25 percent of kids between the ages of 5 to 14 actually wear a helmet when biking. Teens report numbers close to zero.

In the last 10 years, an average of 130 children aged 14 and under die in this country each year in bicycling accidents.

Here in Boston area, there are approximately 1,500 bicycle crashes reported annually, with injuries ranging from scrapes and bruises to permanent disabilities and death. Late last year, the death of a 23-year-old Boston University graduate student, who died while bicycling his way to school, followed a fatality a month earlier when a 21-year-old student was on his bicycle when he was struck and killed by a metro bus.

As a result of these two incidents, the city announced this month that it will be installing more caution signs, enhanced bicycle lane markings and reflectors in the pavement in certain areas.

Children, however, should not be biking in traffic alone, unsupervised.

While the sad fact is, you can’t force motorists to abide by traffic safety laws, you can do everything in your power to keep your children safe.

To do this, keep the following tips from the NHTSA in mind:

  • Wear a helmet, and make sure it is properly-fitted. You can learn more about how to ensure a proper fit by clicking here.
  • Adjust the fit of your child’s bicycle. Have him or her stand over the bike and make sure there are 1 to 2 inches between you child and the top tube and that the seat is level front to back and adjusted to allow a slight bend at the knee when the leg is fully extended.
  • Teach your child to check the inflation of the tires and the breaks – every time – before heading out.
  • Instruct your child on how to best make him or herself visible. Whether it’s day or night, wear bright or even fluorescent colors, as well as something that will reflect light, such as reflective tape or flashing lights. Understand that just because you see a car doesn’t mean the driver sees you. For this reason, it’s better to avoid driving at night.
  • Your child should know how to watch for road hazards, like potholes, gravel, leaves, broken glass, puddles and dogs.
  • Children under the age of 10 should not be riding in the street. They should be on the sidewalk.
  • Teach your child to watch for parked vehicles, as there is a risk of them backing out or a door suddenly opening.

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If there’s a young child in your household — Listen up! Officials with the Consumer Product Safety Commission (CPSC) recently released new standards to help to keep children safe in play yards.

Play yards are those framed enclosures that have a solid floor and fabric or mesh for side panels. They can be folded for storage or for travel. They can also be dangerous for your child.
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Last month, CPSC officials announced new standards as a part of the Danny Keysar Child Product Safety Notification Act. It’s also called “Danny’s Law” and it was named after a young child who was killed back in 1998 in Chicago while he was napping. He was napping in one of these play yards when it collapsed and he was suffocated. The Act is working to make sure that this doesn’t happen to another family.

Our Boston child injury lawyers understand that these devices are designed to offer our children a safe place to play and nap. Unfortunately, many of the designs are faulty and can serve up some serious dangers to children. With the new standards, the design should be safer and should provide parents with more peace of mind.

New Standards for Play Yards from the CPSC:

-Play yards must have safe rails. They can’t have rails that have sharp edges that can cut children.

-They’re required to have stronger brackets. These brackets are to help to prevent any kind of sharp edges or cracks to prevent a collapse.

-The mattresses are to be sturdier. The attachments that keep the mattresses to the floor are also required to be sturdier. This is to help children from getting trapped, suffocated or sustaining other injuries.

There are other things that parents can do to help to ensure their child’s safety while in play yards and in cribs. These safety precautions start with the items you place in with the children. You want to be careful of the pillow and blankets you offer your child. We want them to be comfortable, but we want them to be safe.

Officials with the CPSC estimate that there were about 700 children under 12-months who were killed from 1998 to 2010 because of the pillow and blankets that were in their cribs and sleep environment. The safest way to allow your child in a crib is with no pillows, no heavy quilts, no thick blankets, no pillow-like stuffed toys or other large stuffed toys and no child carrying devices, recliners or sleep positioners.

Be cautious of what you offer your child in their crib or play yard. Sometimes, the soft and comforting items can quickly turn deadly.
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If you provide your child any Triaminic Syrups or Theraflu Warming Relief Syrups, you might want to think again. According to the U.S. Consumer Product Safety Commission these products may serve as a serious injury risk to children in your household.
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The child-resistant caps don’t always work properly. This means that there’s a good chance that your child can get into them and break through the tamper-evident seal. This serves as a serious risk for unintentional ingestion and poisoning. This is dangerous because these syrups contain diphenhydramine and acetaminophen. Both of these are required by the Poison Prevention Packaging Act to be sealed with child-resistant packaging.

Our Boston child injury attorneys are asking parents to stop using these products immediately. Novartis AG is also recalling about 185 lots of cough syrup. Under this recall are more than 140 lots of Triaminic and more than 40 lots of the Warming Relief Syrup. All of these products were manufactured in the U.S. before December of 2011, according to NBC NEWS.

These products were made at the manufacturing facility in Nebraska. A complaint filed by a consumer last November started an internal investigation and ultimately led to the recall. Officials report that production at the Nebraska facility was stopped in December of 2011 and it hasn’t yet resumed.

According to the Centers for Disease Control and Prevention (CDC), there are more than 300 children under the age of 19 in the U.S. who are treated in an emergency room because of accidental poisonings each and every day. Two children die each day because of these accidents.

Everyday items in your home, such as household cleaners and medicines, can be poisonous to children as well. Active, curious children will often investigate–and sometimes try to eat or drink–anything that they can get.

You can help to prevent these kinds of accidents by locking up your medicines and any toxic products you might have in your household. If children can’t see them or get to them, this won’t be an issue. It’s also a good idea to keep the number of the nationwide poison control center somewhere noticeable. It’s 1-800-222-1222. It’s open all day, every day. If it’s a real emergency, call 9-1-1.

If you’ve got medicines in your household that you no longer need — toss them out. It’s important that you safely dispose of any medications that are unused, expired or unneeded. This counts for both prescriptions drugs and for over-the-counter drugs. The best way to get rid of medicines is to mix with kitty litter or coffee grounds and throw them away. Check your medicine cabinet and properly dispose of unneeded products.
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In children’s parties throughout Massachusetts, bounce houses have become a big hit. Bounce houses can be rented for birthdays, graduations or other special occasions. These rentals have been steadily increasing in popularity in recent years, but unfortunately, a study released on last month now indicates that the bounce houses present significant dangers to children.

Our Boston personal injury attorneys want to draw your attention to the new study and make you aware of the potential dangers of bounce houses. Injuries can range from mild to severe to fatal and kids of all ages are at risk when playing in a rented bounce house. 821460_woo_hoo_-_straight_jump.jpg

The Risks of Injury From Bounce Houses
On Monday November 26, Boston.com, reported on the results of a nationwide study on the dangers of bounce houses. According to the results of the study:

  • 30 kids each day are treated in U.S. emergency rooms for injuries caused by bounce house accidents.
  • In 1995, only 1,000 kids ages 17 and under visited emergency rooms as a result of bounce house injuries. In 2010, nearly 11,000 kids (or 15 times more kids) were injured severely enough in a bounce house to go to the ER.
  • The number of kids visiting emergency rooms with bounce house injuries has doubled since 2008.
  • Three percent of children who go to the emergency room require hospitalization for their bounce house injuries. Broken bones are the most common injury that leads to hospitalization.
  • Approximately 1/3 of bounce house injuries affect kids ages 5 and under.

These bounce house injuries occur for many different reasons. Most of the injuries happen when kids fall either inside of the bounce house or fall outside of it. Many also occur when bouncing kids collide with each other. However, injuries have also been reported as a result of bounce houses collapsing or bounce houses being lifted off the ground by high winds.

When an injury occurs, it can be painful and expensive to treat, but fortunately most kids recover. Tragically, however, not all children live through bounce house accidents. Data from the Product Safety Commission revealed that there were at least four bounce house deaths in the study period. The deaths were due to head injuries and occurred when children struck their heads on hard surfaces while bouncing.

Who is Responsible for Bounce House Injuries?
As the number of bounce house injuries grows, concerns arise as to who should be held responsible for damages in the wake of an accident. The answer will vary depending upon the circumstances surrounding the injury.

In some cases, the company that rented the bounce house may be liable, especially if the bounce house collapsed. In other cases, the hosts of the party where the bounce house was located may be responsible.

Because of the complexities of determining who is responsible for bounce house injuries, it can be a good idea to talk to an attorney for advice.
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On November 26, 2012, a new ordinance went into effect in the city of Boston. The new ordinance is designed to help reduce the number of concussions suffered by kids who play youth sports and to reduce the potential dangers associated with concussion.

Our Boston sports injury attorneys believe that the new ordinance may go a long way towards helping kids avoid devastating sports injuries. We urge all public and private educational institutes to take note of the new requirements and we encourage parents and kids who play sports to be aware of the new regulations in order to stay safer. 1387547_goal.jpg

The New Boston Youth Sports Rules and Sports Injuries
According to Fox Boston, thousands of young athletes suffer concussions each year while playing sports. Concussions are dangerous head injuries that can lead to complications including traumatic brain injury, memory problems and mood changes, especially if children suffer repeated concussions. Because of the known-dangers of concussions, lawmakers have now created new regulations aimed to protect kids.

According to the new Boston ordinance, all public and private school sports teams will now have to undergo concussion training and will need to have concussion management procedures in place before children under the age of 18 are permitted to play sports. The concussion training will help staff on youth sports teams to better identify head injuries and potential concussions. Staff members and coaches must receive this head injury training each year, with only visiting teams exempt from attending required annual training.

The new ordinance will also apply to any independent organization that makes use of city-owned facilities for sports practice or sporting events.

The Importance of Protecting Kids from Head Injuries
The new Boston ordinance was passed after five Southbridge children were injured in a Pop Warner football game and suffered concussions. The aim of the requirement is to expand on existing 2010 laws that were designed to protect middle and high school athletes. The training requirements now extend not just to teams with older kids playing sports but to teams with any kids playing sports. The expansion is an important one because any child is vulnerable to suffering a head injury on the field.

Getting treatment immediately is required in cases of serious head injury, and any child who does suffer a concussion needs to be examined and observed by an experienced physician for signs of potential head trauma or complications arising from the concussion. Kids can only get the help they need if the coaches and staff who are supposed to be responsible for them understand how to identify and respond to head injuries.

In certain instances, colleges and schools have been held legally accountable for kids who suffered head injuries during sporting events. When a school or sports organization is considered to have been negligent in fulfilling their obligations to a student athlete, the organization can become responsible for paying all costs associated with the concussion or other injury. These costs can be significant if a child was seriously harmed as a result of the schools failure.

The new ordinance on concussions now imposes an additional obligation on schools to ensure that their staff is trained in concussions. This new ordinance could, therefore, give students and parents greater legal rights to sue when a head injury is overlooked or improperly managed by a coach.
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A school bus driver is facing serious charges — including drunk driving and kidnapping.

According to The Boston Channel, the driver has officially been charged with reckless endangerment of a child, kidnapping and operating under the influence. He is accused of picking up a student at the Perkins School for the Blind just before 5:00 p.m. but not taking him home. The boy wasn’t home by 8:00 p.m. and both parents and officials started to worry. His parents called the police. Officers tried to get a hold of the man on his cell phone, but no one picked up. Eventually, long after he was scheduled to, he arrived at the boys home. It was then that officers placed the driver under arrest. Thankfully, the boy was not injured.
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The Massachusetts Department of Transportation (MassDOT) reports that the type of school bus that the man was driving required a 7D driver’s license. He didn’t have that license and his application was denied because of the results of Criminal Offender Record Information (CORI). He is currently being held on $50,000 bail.

Our Boston child injury lawyers understand that we send our kids off to school every day trusting that they will get to and from school safely. We don’t oftentimes think that the school board would hire an under-qualified driver. The truth of the matter is that, unfortunately, not all drivers have your child’s safety in mind.

To operate a school bus in the state of Massachusetts, drivers are required to have a Commercial Driver’s License (CDL). This license is required to have a School Bus (S) Endorsement and a Passenger (P) Endorsement.

A School Bus Driver Certificate is valid for one year. It expires every year on your birthday. To get an initial license, or to renew your current license, you’re required to complete a new CORI check, a new SORI check and a new driving record check.

If you’re a bus driver who is over the age of 69, then you’re going to be required to renew your driver’s license every six months.

What You Need to be a School Bus Driver:

-You must pass a DPU road test.

-You have to pass the RMV written exams.

-You must have a clean driving record.

-You must pass a physical exam with the Department of Transportation.

-Must Pass a Sec Offender Registry Information (SORI) check.

-Must have three continuous years of driving experience.

Each day, there are more than 20 million students across the nation who rely on the big, yellow bus to get them to and from school. It’s important that we ensure that they’re riding in safe vehicles with safe drivers!
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Officers throughout the state recently participated on “Operation Yellow Blitz.” It was a statewide effort to try to get drivers to be more aware of the rules of the road and to be more cautious when traveling near school buses. This is an enforcement effort that’s put on by the Massachusetts Registry of Motor Vehicles and law enforcement agencies across the state, according to Wicked Local Bedford.
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Our Bedford injury attorneys understand that these buses carry our children and they need all of the protection they can get. What might be more dangerous than actually riding the bus is getting on and off of it each day. When nearby drivers are not cautious at bus stops and other areas where passengers are boarding or deboarding, innocent children are injured.

According to the Bedford Police Department, there were five officers in the city whose sole duty was to hunt down drivers who didn’t stop for school buses when they had their stop signs extended and their red lights flashing. If drivers were busted, they were handed a $250 fine for their first time offense. Second offenses were even more costly.

In an effort to continue this campaign, drivers are asked to stop for school buses that are displaying stop signs and flashing red lights. Stopping could help to save a child’ life. Sometimes, officers will even follow these buses to and from school just to make sure that motorists are following the rules.

According to the Massachusetts Department of Transportation (MassDOT), dozens of law enforcement agencies across the state participated in this operation. It was conveniently scheduled during National School Bus Safety Week.

Reports indicate that there were more than 30 motorists who were busted passing school buses illegally during this time.

In every state in the country it is illegal for a driver to pass a school bus that is stopped to pick up or drop off kids. According to the National Safety Council (NSC), drivers need to continue to use caution. Make sure you slow it down when you’re driving through residential areas and through school zones. You also never pass a school bus on the right. Not only is it dangerous, but it’s illegal. You should also stay out of the area around the school bus. A good rule of thumb is to stay at least 10 feet away from all buses. Remember that traffic must stop in both directions of an undivided roadway as well. Keep a close eye out for children in these areas too, as they don’t understand the workings of traffic like you and I and are more likely to put themselves in harm’s way.

You should also talk with your kids about pedestrian and school bus safety to make sure they do their part to stay safe out there, too!
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Halloween is right around the corner. But did you know that it’s the most dangerous day out of the entire year for your child? That’s right. They’re more likely to be involved in a pedestrian accident during All Hallow’s Eve than during any other night of the entire year.
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For this reason, officials with the City of Boston and our Boston personal injury lawyers are here to offer you some important and effective safety tips to make sure that everyone stays safe during this year’s Halloween activities.

Trick-or-Treating Safety Tips:

-Never allow young children to go out on their own.

-Take little ones trick-or-treating earlier in the evening.

-Make sure that you’re familiar with the neighborhoods you’re in.

-Pick neighborhoods that have sidewalks and less traffic.

-Make sure children know to stay in a group.

-Make sure that everyone has a curfew.

-Make sure you keep a cell phone with you.

-Only approach houses that are well lit.

-Consider keeping personal information, like name, phone number and address, inside of your child’s costume.

-Make sure that everyone knows not to go into someone’s home that they do not know.

-Make sure that we use sidewalks and driveways. Never cut across anyone’s front yard.

-Never go into the home of someone who you don’t know.

-Be cautious of other people’s dogs. Never approach one that you do not know.

-Make sure that you plan out your trip before you go.

-Only cross the work by using crosswalks or by crossing at a street corner.

Costume Safety Tips:

-Make sure that all children carry a flashlight with them.

-Make sure that all costumes are brightly colored to make sure that they’re easily seen by motorists.

-Make sure that point objects, like the ones on swords and devil’s forks, are made of soft materials.

-Make sure that everyone is wearing comfortable shoes for walking.

-Consider trying out face paint instead of a mask. Masks only block a child’s view. You want to make sure that they can see everything around them at all times.

-Make sure their costumes are flame resistant.

-Don’t allow costumes to be too long and serve as trip and fall hazards.

Safety Tips for Your Treats:

-Never consume any candy before having an adult look at it first.

-Toss our candy that is not in its original container, that looks like it has been tampered with or is homemade.

If you’re staying home this year, you’re asked to use artificial light in your jack-o-lanterns. You never want to leave candles unattended when you do use them. You should always make sure that your home is well lit and that your walkways are unobstructed. Lastly, you should make sure that your pets are secure. You don’t want to run the risk of one getting loose and really scaring a trick-or-treater.
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