Oregon Injury Lawyer Blog

The federal government is taking aim at energy drinks that mix alcohol and caffeine, a move that might have an effect on Oregon personal injury lawsuits. As reported by both the New York Times and the Associated Press, the Food and Drug Administration recently sent letters to 30 drink manufacturers challenging them to prove that their products are safe, or else it will “take appropriate action to ensure that the products are removed from the marketplace.” The government is giving the drink makers 30 days to demonstrate that their products are safe.

The FDA was acting in response to a letter of concern signed by 17 state attorneys general, the Attorney General of Guam and San Francisco’s City Attorney. Oregon’s attorney general was not among the signers, but a federal move to pull the drinks from shelves would effect the entire country and could create product liability in Portland and elsewhere in the state under Oregon’s personal injury laws.

According to the Times, FDA scientists worry that the drinks can lead to increased risks of serious injuries among their users, who skew heavily toward college students. The drinks mixture of alcohol (usually malt liquor) and caffeine can lead users to underestimate just how drunk they are. The drinks often provide, as the newspaper put it, “a false sense of confidence that they can perform tasks they are too impaired to undertake.”

These dangerous drinks can create Oregon product liability and lead to Portland personal injuries or even an Oregon wrongful death. Some manufacturers appear to be aware of this. In the last year Anheuser-Busch has removed the caffeine from its flavored malt beverages and MillerCoors has stopped selling products like this entirely, according the Associated Press. Such moves, however, do not necessarily exempt the drink makers from liability were a Portland wrongful death to occur through the use of their products.

Even though Oregon’s attorney general has not become directly involved in this issue, an Oregon personal injury and product liability lawyer can offer advice and assistance if you believe you or a loved-one has been involved in an accident in which caffeinated energy drinks were a factor.

New York Times: F.D.A. Says it May Ban Alcoholic Drinks With Caffeine

AP (republished at Huffington Post): FDA Questions Safety of Alcoholic Energy Drinks

FDA statement announcing its investigation

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

Posted In: Products Liability

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

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

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

Consulting a Portland child injury lawyer is an important and crucial step to take following any Oregon lawn mower accident involving a child. An experienced Oregon personal injury attorney can help you secure your rights and appropriate compensation in the event of an injury or accident that is not your fault.

Eugene Register-Guard: Jury clears companies in lawn mower lawsuit

Resources:
Consumer Product Safety Commission: Riding Lawnmowers

National Center for Biotechnology Information: Summary of Ohio State University study

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

Posted In: Injuries to Minors , Personal Injury , Products Liability

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

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

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

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

• Defective plastic shells
• Harness defects
• Design flaws involving the buckle or latch
• Failure to warn of possible hazards
• Inadequate instructions

It is devastating for a parent to have his or her child suffer serious injuries in any kind of Oregon auto accident. It can be even more upsetting to know that those injuries could have prevented if only your son or daughter had been properly protected by a child car safety seat, a booster seat, a seat belt, or another safety restraint system.

U.S. Transportation Secretary Ray LaHood Launches Child Passenger Safety Week, NHTSA, September 10, 2009

Related Web Resources:
National Child Passenger Safety Week

Child Safety Inspection Stations in Oregon offering free inspections this week

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

Continue reading "Child Car Safety Seats, When Defect-Free and Used Properly, Can Save Children's Lives During Oregon Car Crashes " »

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

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

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

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

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

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

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

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

Little Tikes recalls 1.6 million toys, CNN Money, August 13, 2009

Choosing Safe Toys, Kids Health

Related Web Resources:
Little Tikes

Choking and Choking Hazards, About.com

Continue reading "Little Tikes and CPSC Recall 1.6 Million Trucks and Workshop Sets For Potential Choking Hazard After 11-Month-Old Boy is Injured" »

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Posted In: Injuries to Minors , Products Liability

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The National Highway Traffic Safety Administration is reporting that there were 416 Oregon traffic deaths. This fatality figure is slightly lower than the 455 Oregon traffic deaths that occurred in 2007.

More 2008 Oregon Traffic Facts:
• 290 passenger vehicle occupant deaths
• 91 of the victims were unrestrained
• Alcohol was a factor in 136 traffic deaths
• 128 speeding-related deaths
• 48 Oregon motorcycle deaths
• 51 Oregon pedestrian deaths

Nationally, there was also a decline in US traffic fatalities, with 37,261 deaths last year compared to 41,259 traffic deaths that occurred in 2007.

More 2008 US Traffic Accident Facts:
• 11,733 drunk driver-related deaths
• 716 pedalcyclist deaths
• 4,378 pedestrian fatalities
• 5,290 motorcycle deaths
• 677 large truck fatalities
• 25,351 passenger vehicle deaths
• 2,346 traffic injuries
• 2,072,000 people injured in passenger vehicles
• 23,000 large truck deaths
• 96,000 motorcycle injuries
• 69,000 pedestrian injuries
• 52,000 pedalcyclist injuries (compared to 43,000 injuries the year before)

While there was a decline most kinds of traffic fatalities between 2008 and 2007, there was an increase in motorcycle fatalities—from 5,174 deaths in 2007—and pedalcyclist fatalities—from 701 deaths.

Common causes of 2008 Oregon motor vehicle crashes included:
• Drunk driving
• Drowsy driving
• Speeding
• Cell phone use
• Text messaging
• Driver inexperience
• Poor road conditions
• Defective autos

While the overall declines in Oregon and US traffic deaths are positive, there is always more that can be done to decrease the number of injuries and deaths that occur in the state and throughout the United States. One way to decrease the number of Oregon car crashes is for drivers and truckers and motorcyclists to drive responsibly and refrain from negligent conduct. Motorist negligence can be grounds for a Portland, Oregon personal injury claim.

U.S. Transportation Secretary Ray LaHood: Overall Traffic Fatalities Reach Record Low, NHTSA, July 2, 2009

2008 Traffic Safety Annual Assessment - Highlights, June 2009 (PDF)

Related Web Resources:
State Traffic Safety Information for Year 2008

Early Estimate of Motor Vehicle Traffic Fatalities for the First Quarter of 2009, June 2009 (PDF)

Continue reading "416 Oregon Traffic Deaths in 2008, Says NHTSA" »

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

Posted In: Bicycle Accidents , Car Accidents , Motor Vehicle Accidents , Motorcycle Accidents , Pedestrian Accidents , Products Liability , Truck Accidents

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According to news reports, the Environmental Protection Agency is reconsidering its endorsement that it is okay to use ground-up, recycled tires on kids’ playgrounds and sports fields. The tire mulch has been used to cushion the ground in the event of a fall accident.

Now, however, the EPA says there is not enough information to determine whether use of these recycled tires could actually prove a health hazard, and communities in Oregon and other US states are wondering whether they could lead to the inhalation of metals, lead, and chemicals if children touch, inhale, or swallow the material.

The Centers for Disease Control and Prevention says older fields that are more worn down may pose a greater risk for lead exposure. It’s also important to note, however, that not all turf fibers are made with lead.

With the summer holidays fast approaching, many school kids are likely to spend time outdoors playing in local playgrounds or on playground equipments in residential backyards. It’s a good time to note that recycled tires may not be the only issue of concern when it comes to kids’ safety.

Playground Accidents and Injuries
SafeKids USA calls playground accidents the number one cause of injuries to kids ages of 5 to 14—with 150,000 kids each year ending up in US emergency rooms because they were involved in accidents involving playground equipment. About 10 kids die from playground injuries annually, with many injuries caused by fall accidents or strangulation accidents, such as when a piece of clothing gets caught on playground equipment.

Playground equipment that have been known to cause injuries to kids include:

• Swings with metal or wood seats or half-bucket seats
• Adjustable seesaws with chains
• Merry-go-rounds or roundabouts that lack the proper handgrips
• Poorly secured climbing ropes
• Monkey bars
• Lack of a proper playground surface

A defective playground product that causes personal injury can be grounds for an Oregon products liability case involving injuries to children. A premise that has a hazard that causes injury can be grounds for an Oregon premises liability lawsuit.

EPA rethinks play padding, Chicago Tribune, June 5, 2009

No. 1 Cause of Injury in Elementary School: Playground Accidents, Safe Kids USA

Related Web Resources:
Playground Safety, NSC.org

US Environmental Protection Agency

Continue reading "Portland, Oregon Injuries to Minors Law Firm: Are Shredded Tires in Playgrounds Another Kids’ Hazard?" »

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Posted In: Injuries to Minors , Premises Liability , Products Liability

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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" »

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Posted In: Injuries to Minors , Products Liability

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A series of unrelated Oregon rollover accidents have left accident victims with injuries. In one auto crash, a Multnomah County judge sustained critical injuries after the car he was riding in rolled over when it was struck by a pickup truck. Three other people, including the judge's two children, were also injured in the head-on collision. According to Oregon State Trooper Duane Larson, pickup truck driver Craig Gilbert lost control of his vehicle.

In another Oregon auto crash, a 5-year-old boy was killed on Saturday when he was thrown from the family’s 2000 Chevrolet Tahoe during a rollover accident on I-82 south of Umatilla. His mother reportedly lost control of the vehicle while breaking and the SUV rolled over three times.

In another deadly rollover crash, an Oregon woman died on January 17 when her car rolled over on Highway 26, close to Prairie City. According to Oregon State Police, Fredina Sue McKrola, 66, was found close to her Chevrolet Suburban. Investigators think that the auto collision happened because she lost control of her car. There were ice spots reported in the area where her accident happened.

Rollover Accidents
There are many reasons for why rollover accidents occur, including:

• Negligent driving
• Products liability
• Unsafe conditions on the road that should have been cleared out
• Multi-vehicle crashes

While some rollover accidents are the drivers' fault, there are rollover crashes that do occur because another party was negligent. If you were a passenger injured in a rollover accident caused by a negligent driver, or if your loved one died in another kind of auto kind of accident caused by someone else's carelessness or recklessness, you may have grounds to file an Oregon personal injury or wrongful death lawsuit to claim compensation.

Continue reading "Recent Oregon Rollover Accidents Result in Injuries" »

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Posted In: Car Accidents , Motor Vehicle Accidents , Products Liability

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The Virginia Graeme Baker Pool and Spa Safety Act has finally gone into effect. The new law mandates that all public pools and spas be fitted with a federally approved anti-entrapment drain or grate cover to prevent people from getting caught by the suction and drowning. Children are especially at high risk of suffering a fatal injury when getting caught in a swimming pool, wading pool, or hot tub drain.

The law is named after the granddaughter of former US Secretary of State James Baker. Virginia, 7, drowned in 2002 after she sat on the floor drain of a hot tub. Her mother, Nancy Baker, tried to pull her daughter from the drain but to no avail.

Last March, 6-year-old Abigail Taylor died nearly nine months after the suction from a wading pool drain pulled out part of her intestinal tract. She had to undergo liver, small bowel, and pancreas transplants and suffered complications before her death.

The design of the approved dome shaped drain covers should keep the human body from being suctioned by a pool or hot tub drain. Schools, recreational centers, hotels, health clubs, and apartments are among those affected by the new law. Some pool owners and managers, however, are complaining that drain manufacturers have not been able to keep up with the demand for these federally approved designs, which is making it harder for compliance to occur. Hopefully, these drains should be in place in spas and pools throughout Oregon when the hot weather returns.

Pool Entrapment Accidents
According to Safe Kids USA, about 100 children in the United States sustained serious injuries and at least 33 children younger than 14 died because of entrapment by a pool or spa drain between 1985 and 2004. Serious personal injuries can include body entrapment, massive internal injuries, traumatic brain injuries, drowning, and wrongful death.

If you or your child was seriously injured in a pool entrapment accident, you may have grounds to file an Oregon premises liability claim or products liability lawsuit against the liable party.

New Federal Pool Safety Law to Take Effect, KOHD, December 11, 2008

Pool drain safety covers required today, but supply is backlogged, Sacramento Bee, December 20, 2008
Federal drain law forces pool closings, Boston Herald, January 5, 2008

Related Web Resource:
The Virginia Graeme Baker Pool and Spa Safety Act (PDF)

Continue reading "Preventing Oregon Drowning and Entrapment Accidents with New Pool Safety Law" »

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

Posted In: Injuries to Minors , Premises Liability , Products Liability , Wrongful Death

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The US Centers for Disease Control and Prevention says auto accidents and fall accidents are the leading causes of accidental teen and child injuries and deaths in this country.

Facts included in the CDC’s report:

• 9.2 million teenagers and children a year are treated in US emergency rooms for accidental injuries.
• 2.8 million teens and young kids are injured in fall accidents annually.
• Over 50% of the nonfatal injuries involving kids younger than 1 occurred during fall accidents.
• About 8,000 minors are killed each year in traffic accidents as pedestrians, vehicle occupants, and pedalcyclists.
• 12,175 people under age 20 die in the US every year because of accidental injuries.
• Approximately 20 kids die every day because of an injury that could have been prevented.
• Some 20 million kids and young adults sustain injuries each year that limit their activity and require medical care.

Leading causes of injury deaths, according to age group:

• Infants – suffocation
• Ages 1 to 4 – drowning
• Ages 5 to 19 – traffic crashes

In addition to fall accidents, other leading causes of nonfatal injuries to kids include:

• Animal bites
• Insect bites
• Getting hit by or falling against an object

Children in the 1 – 4 age group were most likely to suffer nonfatal injuries in fall accidents or due to accidental poisoning. According to CDC Division of Unintentional Injury Prevention Director Grant Baldwin, many of these injuries can be predicted and are preventable.

Many times, these injuries occur while a child or teen is engaged in everyday activities, such as riding in a car, walking to school, or swimming in the neigborhood pool. Such injuries are often caused by reckless motor vehicle drivers, careless property owners, negligent product manufacturers, careless dog owners, or other responsible parties.

Car Crashes, Falls Top List of Accidental Injuries for Kids, US News, December 10, 2008

Childhood Injury Report, CDC

Related Web Resources:

Children Traffic Safety Fact Sheet, NHTSA (PDF)

World Health Organization

Continue reading "Car Crashes and Fall Accidents are Leading Causes of Accidental Deaths and Injuries to Minors in the US, Says CDC" »

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

Posted In: Bicycle Accidents , Bus Accidents , Car Accidents , Dog Attacks , Injuries to Minors , Motor Vehicle Accidents , Pedestrian Accidents , Premises Liability , Products Liability , Truck Accidents , Wrongful Death

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Ecology Center researchers tested over 1,500 popular toys for harmful chemicals, such as lead, arsenic, cadmium, and PVC, that could cause injuries to minors. Their findings indicate that out of every three toys, one toy usually contains at least one of these chemicals at “medium” or greater levels. The researchers hope their results will push lawmakers and manufacturers to begin phasing out these dangerous chemicals in toys.

Toys that were tested were purchased from Toys R Us, Target, Kmart, TJ Maxx, Babies R Us, Wal-Mart, and in dollar stores, drug stores, and online. The toys and children’s products selected for testing represent the products most often bought for children in the US. Tests were conducted using a handheld X-ray device for detecting chemicals.

Among the study's findings:

• 20% of the toys tested contained lead.
• 3.5% of toys had levels of lead exceeding the federal government’s recall level for lead paint.
• Kids' Jewelry has a greater chance of containing lead greater than 600 ppm.
• Arsenic at levels above 100 ppm was found in 22 products.
• 30 of the products tested had cadmium at levels higher than 100 ppm.

The Toy Industry Association criticized the group’s findings, calling them “misleading” to consumers. The association also maintained that the toy industry is highly regulated and continues to work hard to ensure that all toys for sale in the US exceed toy safety standards.

Toxic and Dangerous Toys
With the holiday shopping season already under way in Oregon and the rest of the United States, it is important that toy manufacturers and retailers make sure that any products they put out into the marketplace are safe for play and use. The Consumer Product Safety Commission has been very busy over the past two years issuing recalls for toys and kids’ products deemed defective or dangerous because they contain too much lead, are made with small magnetic pieces that can cause choking hazards, or have another kind of hazardous defect.

Toy manufacturers can be held liable for products liability, personal injury, or wrongful death if a toy causes a child to suffer an injury, get sick, or die.

One in 3 toys is toxic, group says, CNN Money, December 3, 2008

One in Three Children's Toys Tested by Ecology Center's www.HealthyToys.org has Significant Levels of Chemicals, Including Lead, Flame Retardants, and Arsenic, Ecology Center, December 3, 2008

Related Web Resources:

Toy Industry Association

Consumer Product Safety Commission

Continue reading "Researchers Say 1 in 3 Toys Tested Contains Toxic Chemicals that Could be Harmful to Children" »

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Posted In: Injuries to Minors , Products Liability

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The US Consumer Product Safety Commission is recalling almost 1.6 million cribs after reports that two babies died in accidents involving defective crib hardware. In one case, a 5-month-old infant suffocated to death after getting caught between a Playkids USA convertible crib’s drop side rail and its mattress. In the other accident, an 8-month-old baby suffocated to death after becoming entrapped in a Delta Enterprise crib. Also in May 2007, another 8-month baby died in accident involving a Delta crib.

The voluntary recalls involve 2,000 Playkids USA portable convertible cribs and 1,585,000 Delta drop side cribs. The convertible cribs are being recalled because the mesh on the sides of the crib may expand to create a space that an infant might fall into, become entrapped, suffocate, and die.

The Delta drop side cribs were recalled because of safety peg issues. While 985,000 cribs are missing this necessary feature, the spring pegs on 600,000 Delta cribs may be prone to malfunction. The concern is that the missing or defective spring peg could cause the drop side of a crib to become detached and create a space that an infant might fall into. The Delta recall is being called one of the largest crib recalls in US history.

According to Kids in Danger, over 1,000 children have died over the last two decades because of injuries they sustained in cribs. Each year, some 10,000 children are admitted to hospital emergency rooms for crib-related injuries, with 22 kids dying from their injuries.

Examples of injuries caused by defective crib hardware include:

• Suffocation
• Asphyxiation
• Broken bones
• Traumatic brain injuries
• Head injuries
• Gaseous poison from the crib mattress
• Entrapment

Federal law requires that all cribs come with warning labels, the correct instructions, and hardware that are free from defects. More details about the recalls can be found on the Consumer Product Safety Commission's Web site (see below).

The manufacturers of nursery furniture and other kids products have a responsibility to produce products that are free from hazardous defects. Failure to do so can be grounds for an Oregon personal injury claim or wrongful death lawsuit if a child is injured or dies because a crib was defective.

Staying Safe: Keeping your baby safe amid largest crib recall in history, KSL.com, October 21, 2008

Delta Recalls 1.6 Million Cribs, KSFY.com, October 21, 2008

Infant Death Prompts Recall of Convertible Cribs by Playkids USA; Crib Poses Entrapment and Suffocation Hazards, Marketwatch, October 16, 2008

Related Web Resources:
Recalls, CPSC.gov

Kids in Danger

Continue reading "CPSC Recalls Nearly 1.6 Million Delta and Playkids Cribs After Two Babies Die" »

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Posted In: Injuries to Minors , Products Liability

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