Injuries to Minors

October 27, 2008

Police Continue to Investigate Accidental Death of 11-Year-Old Boy Run Over by Oregon City School Bus

Police in Oregon are investigating a school bus accident in which Austin Takacs, 11, died while trying to catch the bus in Oregon City. The sixth grader was running next to the school bus, which had left the bus stop, when he tripped on his bag and fell into the road. Takacs, who was struck by the bus’s rear tires, was pronounced dead less than one hour later at St. Charles Mercy Hospital.

Austin’s mother, Nancy, students on the bus, and a few neighbors witnessed the catastrophic accident. The school bus driver, 67-year-old Rita Grivanos, told Oregon police that she did not see Takacs.

A police report, however, indicates that a number of the students on the bus called out to Grivanos that the boy was running next to the vehicle, but she may not have heard them. The bus was moving at approximately 5mph when it struck Takacs.

No citations have been filed against Grivanos, who collapsed after the tragic accident and was treated at St. Charles hospital. A 2006 evaluation rated the 67-year-old driver as “outstanding” and she has regularly received high performance marks for doing her job.

Grivanos is expected to be back at work shortly. Oregon City Schools Superintendent Mike Zalar says the school district did not play a role in causing the crash.

School Bus Accidents
About 17,000 children are treated in US emergency rooms each year for injuries they sustained in bus crashes. Common causes of school bus accidents include driver negligence, inadequate safety measures, defective bus and bus parts, dangerous roads, poor weather conditions, and poorly maintained buses.

Injuries that can be sustained in school bus accidents include broken bones, traumatic brain injuries, spinal cord injuries, internal injuries, and death. School kids can also get hurt while riding a bus even if a traffic collision does not occur. Cuts and bruises can occur to kids roughhousing on the bus—especially when there is a lack of supervision—or from slip and fall accidents when getting on or off the bus.

If your son or daughter was injured in an Oregon school bus accident while riding the bus, getting on or off the bus, crossing the street as a pedestrian, or riding as a passenger in another vehicle, it is important that you explore your legal options as soon as possible.

Grief weighs heavily on boy’s family in fatal Oregon bus accident, Toledo Blade, October 23, 2008
Boy, 11, killed trying to catch bus in Oregon, Toledo Blade, October 16, 2008
Related Web Resources:

School bus injuries much higher than thought, MSNBC.com/AP, November 6, 2006
New Federal Rule to Make School Buses Safer, DOT.gov, October 15, 2008

October 22, 2008

CPSC Recalls Nearly 1.6 Million Delta and Playkids Cribs After Two Babies Die

by Matthew D. Kaplan

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

August 5, 2008

US Congress Passes Bill Banning Lead and Phthalates in Products That Could Cause Injuries to Children

by Matthew D. Kaplan

In the wake of last year’s mass recalls of 45 million toys and other products due to the potential hazard they could pose to children, both the US Senate and the House of Representatives have approved a bill banning lead and six kinds of phthalates in products made for kids under age 12. The bill mandates that all toys in the United States undergo testing for dangerous chemicals before they are allowed to enter the marketplace—a definite change from the current approach, which allows untested toys to be sold and then later recalled.

Dangers of Lead
Exposure to high levels of lead can lead to serious health issues for kids, including lead poisoning, seizures, learning disabilities, behavioral issues, brain damage, and death. Many kids’ toys were recalled last year because lead levels in their paints were excessively high. Although the Consumer Product Safety Commission made it illegal 30 years ago to use paint with over .06% of lead on toys, most of the toys recalled were made in China.

The bill also increases the Consumer Product Safety Commission’s budget to $118 million in 2010 and $136 million in 2015. The CPSC would also be required to put up a Web site where consumer complaints would be posted.

The Toy Industry Association says the bill will make it easier for manufacturers, who can then follow national guidelines rather than having to look to the different state laws. The measure now goes to President Bush.

Danger of Phthalates
Certain animal tests have indicated that exposure to phthalates may lead to lower testosterone and genetic defects in boys, early puberty in girls, and impaired sperm in men. Phthalates can often be found in baby bottles, rubber ducks, teething rings, and other products for kids.

Not toying around: Congress OKs bill to ban chemicals in some products, USA Today.com, August 2, 2008
Bill targets toy safety, ChicagoTribune.com, July 29, 2008
Related Web Resources:

Phthalates Information Center

Why Is Lead in Toys?, Wnep.com
H.R. 4040 The Consumer Product Safety Modernization Act