Oregon Injury Lawyer Blog

Exodus Tyson, the 4-year-old daughter of Mike Tyson, has died. She passed away on Tuesday morning after being placed on life support following a tragic hanging accident that took place on a treadmill in the family’s home.

According to police, Exodus was discovered with her neck wrapped in the cord that hangs from the treadmill console. Her mother pulled the cord off her and tried reviving the 4-year-old before paramedics came to take her to a hospital. Police are calling her death a tragic accident. They say that Exodus was playing on the exercise machine, but it was not in operation when the strangulation accident happened.

Strangulation Accidents
Unfortunately, accidental deaths at home occur more often that we would like to think. The Centers for Disease Control and Prevention says nearly that 900 kids die every year from strangulation accidents. 45% of these child fatalities occur at home. Many of the victims are younger than 4.

While it is important that parents and guardians take the necessary steps to prevent strangulation and choking accidents from happening, it is also up to product manufacturers to make sure that they make products that do not pose an injury or death hazard to consumers—especially children. Sometimes, the products that you least expect to prove dangerous may have been designed in such a way that they have defects that can cause catastrophic injuries, including:

• Clothing with long drawstrings that can get caught in a motor vehicle door or become easily tangled around the neck of a child that is roughhousing.

• Cribs made with defective slats that can easily come off, creating a gap that poses an entrapment or strangulation hazard if a child falls through the opening.

• Extra long drapery or window blind cords that can easily wrap around a toddler’s neck.

Catastrophic strangulation accidents can result in traumatic brain injuries and even death. If your child was seriously injured or died due to a strangulation accident caused by a dangerous toy, or a defective piece of furniture, clothing, or household /recreational appliance, you may be entitled to Portland, Oregon personal injury compensation.

Sad update on accident involving Mike Tyson's daughter, Examiner.com, May 26, 2009

Avoiding Home Health Hazards, CBS News, May 27, 2009

Related Web Resources:
Consumer Product Safety Commission

Preventing strangulation and suffocation, Raising Children Network

Continue reading " Oregon Injuries to Minors: Mike Tyson’s 4-Year-Old Daughter Dies After Treadmill Accident " »

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Injuries to Minors , Products Liability

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In Multnomah County Circuit Court, the family of a woman who died after the kayak she was riding in on the Rogue River capsized last summer is suing Echo River Trips for her Oregon wrongful death. Cynthia Lee Von Tungeln, was 52.

According to the wrongful death complaint, Von Tungeln was kayaking with a large guided party from Grave Creek to Foster Bar on June 27, 2008 when the inflatable raft that she and another woman were in capsized as they tried to get past Picket Fence, which is a series of rocks. The family’s lawsuit contends that they became trapped in the “unusually high flow” and while Von Tungeln was able to push the other woman out of the area where the water swirled against the rocks, the 52-year-old woman stayed trapped under the water. Von Tungeln drowned and her body couldn't be recovered until it finally washed free several days after her death.

Von Tungeln’s parents and two adult daughters are seeking at least $4 million for her wrongful death: $1.5 million for lost wages, savings, and services, $2 million for loss of companionship, $500,000 for Von Tungeln’s anguish when she was thrown from the kayak and got caught under the water, and memorial and burial costs.

Her family's Oregon wrongful death lawsuit accuses Echo River Trips, a Hood River-based rafting company, of negligence in failing to provide Von Tungeln with sufficient instruction, letting her ride the rapids without adequately warning her of the dangers, and neglecting to have the proper polices or a properly trained guide that sufficiently protected inexperienced riders.

The plaintiffs contend that the defendant should have known that Von Tungeln and the woman she was riding with lacked experience and were depending on the guides to help them navigate safely through the more dangerous rapids. Picket Fences is located at Blossom Bar, which is usually a class IV rapid. The melted snow, however, made it more dangerous than normal.

Four other people died in boating or swimming accidents in the Rogue River last summer. Two of these deaths occurred at the Blossom Bar Rapids.

Oregon Boating Accidents
Oregon’s beautiful outdoors make it a popular place for locals and visitors wishing to engage in all kinds of recreational activities, including kayaking, river rafting, boating, windsurfing, and activities involving other types of personal watercraft. Unfortunately, boating accidents do happen that could have been avoided if not for the negligent or careless actions of another party. For example, someone may decide to operate a boat without the proper license, training, adequate experience, or while drunk. A boat rental company may rent vacationers a defective boat.

If you believe that your loved one died in an Oregon boating accident because another party was careless or negligent, you should speak with an experienced Oregon wrongful death lawyer today.

Family sues over kayak death, Mail Tribune, May 19, 2009

Family of woman who drowned on Rogue sues, OregonLive.com, May 15, 2009

Drowning victim's body may be visible to rivergoers, Seattle PI, July 4, 2009

Related Web Resources:
Canoekayak.com

The Rogue River In Southern Oregon Profile Page

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Boating Accidents , Wrongful Death

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A couple of months ago, our Portland, Oregon personal injury law firm published a blog post discussing how the hot summer months are a time when dogs are more likely to bite kids. This is a concern, considering that statistically the 5-9 year age group has the highest rate of dog bite-related injuries.

This week is National Dog Bite Prevention Week, which is meant to remind people that dog attacks do happen and that it is important that owners and parents take the proper preventive measures so that dog bite incidents don't happen.

Dog bite injuries can lead to serious lacerations, physical disfigurement, and even death—in the event of a serious dog mauling. They can also be grounds for an Oregon dog bite lawsuit if someone's pet injures another adult or child.

Each year, about 885,000 dog bite victims will seek medical attention for their injuries. Some of these injuries will require extensive and expensive surgeries. According to American Societies of Plastic Surgeons President John Canady, MD, plastic surgeons performed 16,000 reconstructive surgeries to repair dog bite injuries in 2008. Also, the emotional trauma from a brutal dog attack can last a lifetime.

Steps dog owners can take to prevent Oregon dog attacks:

• Keep your dog safely fenced in if your pet is in a yard without supervision.
• When taking your dog out in public, make sure your pet is on a leash.
• Make sure your dog’s vaccinations (especially for rabies) are current.
• Don’t leave your dog alone with children that your pet may not know.
• Train your dog to behave and obey commands.
• If your dog is prone to biting people, make sure that you avoid situations where that can happen or that you take steps to secure or restrain your dog when he or she is around others.
• If your dog can get aggressive around strangers, post "Beware of Dog" signs around your property.
• If necessary, use a muzzle on your dog.
• If possible, spay or neuter your dog.
• Socialize your dog if you are going to expose your pet to other people.

It's national dog-bite prevention week, Oregon Live, May 18, 2009

Tips to Prevent Dog Bites, American Kennel Club

Related Web Resources:
Famed Hollywood Dog Trainer and Lassie Descendant Unleash National Dog Bite Prevention Week, Plastic Surgery Practice, May 14, 2009

More Dogs Bite Kids in the Summer, Says Study, Oregon Injury Lawyer Blog, March 10, 2009

Continue reading " Preventing Oregon Dog Attacks with Dog Bite Prevention Week " »

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Dog Attacks , Injuries to Minors

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The month of May is Motorcycle Safety Awareness month. Throughout the US, federal, state, and local law enforcement and safety officials are banning together to remind the drivers of cars, trucks, and buses that they share the road with motorcyclists so that they can take precautions to prevent motorcycle accidents from happening.

Staying aware that there are motorcycles on the road is especially important during this time of year. As spring turns to summer and the weather gets warmer, more riders will be donning their helmets as they get on roads and highways in Portland, the rest of Oregon, and elsewhere in the United States. 51 motorcycle riders died in Oregon in 2007, which is a definite increase from the 44 Oregon motorcycle deaths in 2006 and the state's 48 motorcycle fatalities in 2005.

There’s no getting around the fact that not having a vehicle around their bodies to protect them when they are on the road places motorcycle riders at high risk of sustaining catastrophic injuries any time they are in an Oregon traffic crash.

Late last month, a motorcycle rider’s leg was severed in an Oregon traffic accident with a motor vehicle that occurred near Fair Oaks. The driver of the Toyota involved in the auto crash was later arrested and charged with hit and run, driving while suspended, and reckless driving.

To mark Motorcycle Safety Awareness Month, the Oregon Department of Transportation and Governor Ted Kulongoski are offering motorists a number of suggestions for how they can help keep motorcyclists safe on Oregon roads, including:

• Check your mirrors and blind spots when leaving or entering a lane or an intersection to see whether there are motorcycles in the vicinity.

• Don’t try to share a lane while riding next to a motorcycle.

• Remember to signal any time you merge into traffic or switch lanes.

• Make sure that you allow 3 to 4 seconds more following distance when you are riding behind a motorcycle so that the rider has space to move or stop during an emergency.

• Never tailgate a motorcycle.

The National Highway Traffic Safety Administration, the Oregon Department of Transportation, and other federal, state, and local safety and transportation agencies want people to remember to share the road safely not just with motorcyclists but with the drivers of other motor vehicles as well as pedestrians.

Personal injuries and wrongful deaths can result when negligent driving leads to Portland, Oregon, motorcycle accidents.

Governor proclaims Motorcycle Safety Month, Oregon.gov, April 29, 2009

Hit-and-run crash severs man's leg, NRToday.com, April 27, 2009

Related Web Resources:
Motorcycle Safety Awareness, NHTSA

Motorcycle Safety Foundation

Continue reading " Promoting Portland, Oregon Motorcycle Accident Prevention During Safety Awareness Month " »

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Motor Vehicle Accidents , Motorcycle Accidents

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According to AAA, the drop in gas prices is expected to inspire about 32.4 million Americans to travel by motor vehicle over the Memorial Day weekend. That’s a 1.5% increase in travel over the holiday weekend. Compare that to the 9.6% drop in road travel over the 2007 Memorial Day weekend when gasoline prices rose had risen to almost $4/gallon. Retail gas prices are currently averaging about $2.25/gallon.

101 Deadly Days on the Road
In 2004, Drive for Life, a public purpose initiative, said that poll findings caused it to declare the 101 days between Memorial Day weekend and Labor Day weekend as the 101 days when Americans are most at risk of becoming involved in a US auto accident because so many adults and children—particularly with the summer holidays coming—tend to travel by motor vehicle.

Among Statistics Cited by Drive for Life:
• Americans have been known to travel over 1 trillion miles over the 101 days. (2001, Bureau of Transportation)

• This figure is 10.5 million more miles a month each of the other months that make up the rest of the year. (2001, Bureau of Transportation).

• More people are killed in US auto accidents during the summer months than the other times of the year. Children and teens that would normally be at school are especially susceptible to fatal injuries from a motor vehicle crash. (NHTSA)

Common Causes of US auto accidents during the 101 Deadly Days:
• Drunk driving
• Improper use of safety belts and child safety seats
• Driver fatigue
• Speeding
• Inadequate auto maintenance
• Distracted driving

AAA says 83% of Memorial Day travelers are expected to ride in motor vehicles on US highways, while another 10% are likely to travel by bus, train, or another mode of transportation. The remaining 7% of holiday travelers are expected to fly by plane.

As a Portland, Oregon car accident victim, there are steps you can take to make sure that you are fully compensated for any injuries you sustained that were caused by another driver’s negligent behavior.

More Americans expected to travel for Memorial Day, AAA says, Palm Beach post, May 12, 2009

The 101 Deadliest Days on the Road and How to Survive Them

Related Web Resources:
Tips for Memorial Day road tripping, ConsumerReports.org

Memorial Day Weekend, Summer Travelers Can Cut Gasoline Costs in Tough Economy with Drive $marter Challenge Interactive Website, Money-Saving Tips, Resources, Alliance to Save Energy/PR Newswire

Continue reading " Drive Carefully to Prevent Portland, Oregon Car Accidents This Memorial Day Weekend—About 32.4 Million Americans Expected on US Roads " »

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Car Accidents , Motor Vehicle Accidents

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The US Department of Transportation is developing a new consumer program that will involve car manufacturers recommending specific child safety seats for each of their cars. Not every child car seat is necessarily the right fit for a specific car—even if the seat is highly rated or reviewed as one of the best or most expensive products in the market. A variety of recommendations will be made to meet different parents’ budgets that can hopefully help them pick the safest seats for their kids.

The US DOT also is ordering the National Highway Traffic Safety Administration to develop a new child safety seat standard for side impact safety. 1/3rd of all highway fatalities involving children younger than age 13 occur during side impact auto collisions.

While the current standard requiring child seats to withstand forces stronger than 99.5% of real collisions is good, US Transportation Secretary Ray LaHood believes that more can be done to improve child safety during auto accidents. He also noted that in order for a properly working child safety seat to do its job, parents and other adults must make sure that kids use them. According to statistics, 50% of kids under 8 years of age that died in auto accidents were not using child safety seats.

That said, it is the job of child safety seat manufacturers to make sure that their seats are free from defects. Parents and guardians rely on child safety seats to keep their kids and babies safe during auto collisions. While a properly working child safety seat can save lives, a defective seat can prove catastrophic.

Examples of defects that can render a child safety seat ineffective:

• Improper padding on the seat
• Defective seat buckle that can unlock at the wrong time, failing to properly secure the child in the seat
• Defective child seat clip
• Improperly designed harness
• Insufficient or hard to understand installation instructions

There is nothing more devastating for a parent than for his or her child to get hurt. If your son or daughter sustained serious or fatal injuries in a Portland, Oregon car accident that were partially caused by a defective child car seat, you may be entitled to recover Oregon personal injury or wrongful death compensation.

U.S. DOT Announces New Consumer Program for Child Safety Seats, NHTSA, April 24, 2009

Related Web Resources:
Consumer Product Safety Commission

Child Passenger Safety, NHTSA

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

Continue reading " Portland, Oregon Child Injury Attorney: New Child Safety Seat Consumer Program is Designed to Help Parents Pick Product that Best Fits Their Cars " »

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Car Accidents , Injuries to Minors , Motor Vehicle Accidents

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