Children's Injuries

June 21, 2016

Liability Questions Surround Tragic Orlando Alligator Attack

Last Tuesday, June 14, 2016, a two-year-old boy was with his family at Disney World Resort in Orlando, Florida when he was attacked by an alligator. The boy was playing in less than a foot of water when an almost 7 foot long alligator grabbed him and dragged him into the Seven Seas Lagoon by the popular Grand Floridian Hotel. After hours of searching, the boy’s body was found the next day less than 15 feet from where the alligator originally snatched him. An autopsy was performed, and the cause of death was determined to be drowning and traumatic injuries. Since his death, there have been many questions of liability regarding the incident. There were “No-swimming” signs posted around the beach and warnings regarding deep water and steep drop-offs, but there were no signs that warning of alligators. Now the question is can Disney be held liable for this boy’s death for having prior knowledge of these alligators and failing to warn its guests of the potential dangers?

The Florida Fish and Wildlife Conservation Commission estimates that there are about 1.3 million alligators in Florida, most of these being found in the wild. Of these alligators, most do not cause problems, but there are time when alligators attack or can be a pest to communities. The Statewide Nuisance Alligator Program (SNAP), the program responsible for dealing with alligator-related complaints, reported receiving 13,962 nuisance alligator complaints in 2015. Disney was aware of the presence of alligators in their lakes and lagoons; it even has its own wildlife-management team. One Disney grounds keeper confirmed this and also said that the gators rarely come on shore but “you should not go in the water.” The so-called Seven Seas Lagoon where the attack happened is a man made lagoon but it is connected to other bodies of water in areas packed with alligators. During the search for the boy’s body, five alligators were removed and all were euthanized to see if one of them was the gator who attacked the child. Continue reading

June 16, 2016

GM Unveils Rear Seat Reminder

by Altman & Altman

General Motors has just introduced a feature they call the “Rear Seat Reminder” for their U.S. customers. This feature prompts drivers to check the back seat as they leave their vehicles under specific conditions. This technology is believed to be the first of its kind in the automobile industry. There have been too many tragic stories of children being left in cars and dying while their parents run errands. About half of the children under age 14 who die of heatstroke in cars are actually forgotten. From 1998 to the present, 673 children have died from heatstroke after being left in cars, 54 percent being forgotten. The consumer website for the National Highway Traffic Safety Administration notes the extreme temperatures that the interior of vehicles can reach. It only takes ten minutes for the temperature inside a vehicle to rise over 20 degrees Fahrenheit. Even if it’s 60 degrees outside, the temperature inside a vehicle can be as high as 110 degrees.

Although parents or pet owners may not even consider the hazards of temperature when it’s a breezy 60 degrees outside, children and pets can easily die of heatstroke if left in cars for any amount of time. In addition to this negligence, belongings left in the back seat of cars are often targets for theft. Almost 23 percent of theft in 2014 involved items from a motor vehicle. Spreading this kind of awareness of the dangers of leaving children and belongings in cars can prevent unnecessary deaths or robberies, but GM goes further by trying to prevent deaths from busy parents who genuinely forget their children through their new Rear Seat Reminder feature. GM global safety strategy engineer Tricia Morrow states, “Whether it’s your lunch, laptop, pet or most importantly, your child, it’s easier than it seems to forget what’s in the back seat when moving between life’s events.” This new feature will appear as a standard feature first in GM’s 2017 GMC Acadia SUV to U.S. customers. Continue reading

June 7, 2016

What are the Most Dangerous Items in Your Home?

by Altman & Altman

The home should be a place of comfort and security. You can adjust the thermostat to keep warm in the winter and cool in the summer, prepare nutritious meals in your kitchen, read in your favorite armchair, take hot baths after a long day, and sleep peacefully in your cozy bed at night. But don’t let these comforts of home fool you into thinking accidents can’t happen. Serious injuries and fatalities occur at home all the time. Especially homes with little children running around – take a minute to look around to make sure that your keeping your house as safe as possible. Kids have a knack fro getting into the most obscure places and spaces. Safeguard your house by being aware of these most dangerous household items.

Cleaning Supplies

Harmful chemicals in cleaning supplies, such as bleach, can be extremely toxic. Unfortunately, curious youngsters can’t distinguish a deadly chemical from the juice or milk in their sippy cup. Make sure that bottle tops are screwed on tightly and that all harmful cleaning solutions are kept on high shelves, well out of a child’s reach. In addition to being dangerous if ingested, cleaning supplies can also be flammable, and can explode under certain circumstances. To prevent combustion and explosions, store chemicals at the proper temperature.

Refrigerators and Freezers

Young children love to hide in small places, including refrigerators, washing machines and dryers, and walk-in or deep freezers. Newer models often lock from the inside, which helps a child escape. But many older models do not have this feature. When not in use, make sure all appliances are locked, and always do a quick interior check before using a washing machine or dryer.

Sheds

The inside of a shed is often quite messy, filled with toxic chemicals, paint supplies, and dangerous tools. Guests see the inside of your house, but rarely the inside of your shed. Therefore, keeping it clean and throwing out old chemicals, rusty tools, and rotting wood isn’t usually a priority. However, young children may see your shed and think it’s perfect for a game of hide-and-seek, or for playing house.

To avoid serious injuries and death, keep your shed organized. Paint and toxic chemicals should be stored as they are in your home, safely out of the reach of children. The same goes for tools. Discard rotten wood, rusty tools, and anything else that presents an unnecessary risk. It is also important to use caution when placing items on shelves. Overstocking shelves, and allowing items to hang over the edge can spell disaster for someone walking or playing underneath. Continue reading

June 6, 2016

Summer Camp Injuries

by Altman & Altman

Swimming Pool Accidents

Summer camps often involve swimming. Although swimming pools can provide great fun, and respite from the hot sun, they can also pose dangers. Minor injuries from pool chemical reactions and slips on wet surfaces are common, but campers can also suffer more serious injuries, such as electrocution from improperly wired pool lights, and drowning. Contact a Boston Personal Injury Lawyer Today.

If your child is injured in a pool-related accident while at summer camp, what do you do?

To successfully sue for damages, you must prove a breach of duty, and that damages occurred due to that breach. What is a breach of duty? Camp owners have a duty to exercise reasonable care to protect campers from harm. If the camp owner failed to take reasonable care, he or she may be found liable for negligence. For example, if a camp owner neglects to put a fence around the perimeter of the pool and an unsupervised camper sneaks in and drowns, the owner will likely be held responsible.

Who is Responsible for Summer Camp Injuries?

In most cases, the camp itself is responsible for keeping your children out of harm’s way. In order to uphold this duty, camps are required to take proper precautions and exercise good judgment, both before the camp begins and while it is underway.

In addition to inspecting grounds and facilities to ensure that they are free of hazards, camps typically have to perform background checks on staff. If a camp fails to perform this type of background check and a staff member harms a child, the camp will likely be found negligent.

There are certain injuries for which a camp is not responsible, however. For example, inherently-risky activities, such as football camp, may require that you sign a waiver for injuries that may occur during play. Basically, you assume reasonable risk. However, injuries that fall outside the parameters of reasonable risk, such as heat stroke due to the lack of water breaks on a 100 degree day, is another story altogether.

The bottom line is, kids get injured at camp. It’s the nature and severity of those injuries that determines whether or not a lawsuit is in order.

Are Liability Waivers Enforceable by Law?

The short answer is yes. Camp waivers are generally two-part forms; the ‘assumption of risk’ part and the ‘release of liability’ part. The assumption of risk section basically says you will not sue the camp for a risk that you acknowledged at the time of signing. For example, if your child is in hiking camp and he falls while hiking and breaks his leg, you can’t sue. If, however, the instructor accidentally shoots your child in the eye with an unauthorized bb gun, you have some options. You didn’t assume the risk of shooting injuries during hiking camp, therefore, the ‘assumption of risk’ is not applicable.

The release of liability, on the other hand, basically absolves the camp from all injuries suffered while on the grounds. While a waiver for negligence is usually enforceable, it should include an exception for malicious and intentional acts. Without this, the waiver is most likely unenforceable. Continue reading

May 11, 2016

Private School Sexual Abuse Cases Shock New England

by Altman & Altman

Sexual abuse cases are always highly sensitive. This is especially true when the offender is a trusted authority figure, such as a doctor or teacher. The Boston Globe recently called attention to a disturbing number of sexual abuse and harassment cases in New England private schools, churches, and a medical center. Contact a Boston Sexual Abuse Attorney Today.

Attorney Tyler Fox, Of Counsel to Altman & Altman, who specializes in representing the victims of sexual harassment and assault, is currently investigating and representing clients who were sexually abused while students at boarding/prep schools in New England. Many more victims are expected to come forward as they gain the courage to tell their stories and seek justice for the abuse and cover-up by the schools. Tyler is also representing victims of abuse by priests of the Roman Catholic Archdiocese of Boston. And he has recently been featured in a Boston Globe article about an ongoing series of sexual assault cases and negligence cases against a doctor from the Fertility Centers of New England.

Over 200 New England Private School Students Have Alleged Sexual Abuse

According to a recent Boston Globe report, more than 200 students at about 67 different schools have come forward since 1991, claiming they were sexually abused or harassed by teachers and staff. At least 90 lawsuits have been filed as a result. However, only about 37 of the accused have been fired for their alleged conduct, while several accused began working at other schools. Prior to the Globe’s investigation, elite private schools often ignored sexual assault cases, sometimes intimidating claimants into dropping their lawsuits. Fortunately, the tables are beginning to turn.

According to the New York Times, “This year at least eight New England private schools have started or disclosed investigations into sexual misconduct. At least five of those inquiries—at St. George’s School in Rhode Island, the Taft School in Connecticut, Phillips Exeter Academy in New Hampshire, and Thayer Academy and Concord Academy in Massachusetts—have led to staff members being placed on administrative leave or fired, [The Globe] said.” Continue reading

September 30, 2015

My Child Was Injured Playing a School Sport: Who Is Liable?

by Altman & Altman

Millions of children and teenagers across the United States, from elementary school through high school, play school-sponsored sports and activities. A vast number of these students are treated each year for injuries caused by their participation in these physical activities. While a majority of sports-related injuries are minor and are treated in outpatient facilities, if they require any medical attention at all, there are also instances where injuries are more serious and even life threatening, and thereby require emergency and sometimes long-term medical care.

For parents of student athletes, especially those whose children play aggressive contact sports, such as hockey, rugby, football, soccer, and even acrobatic sports like gymnastics and cheerleading or non-contact sports like swimming, safety is a real concern, especially given the high instance of traumatic brain in juries, concussions, and broken bones. When a student athlete is injured during a game or practice, not only do concerns circle around whether the student is/will be okay, but also who is financially responsible for covering any medical care needed to treat an injury.

According to statistics compiled by Lawyers.com from Safe Kids USA and the American Academy of Pediatrics,

Each year, more than 3.5 million children ages 14 years and under receive medical treatment for sports injuries. More than 30 million children participate in sports each year
62% of organized sports-related injuries happen during practice rather than during games
Collision and contact sports, like football and rugby, have higher injury rates, but injuries from individual sports, such as gymnastics and swimming, are usually more severe
About 33% of parents don’t take the same safety precautions during their child’s practice as they do for a game, and there are statistics showing that schools and coaches take practices less seriously than games when it comes to injuries

September 21, 2015

The Risks Associated with Hand Sanitizers and Young Children

by Altman & Altman

Hand sanitizers have become increasingly popular over the years as people have become more fearful of germs and what they can do to our bodies. Sanitizers contain approximately 70-90% alcohol content that allows for the immediate removal of germs on your hands. But recent studies show that children may become poisoned by the sanitizers if the children were to ingest them—also a trend that seems to be on the rise as these new sanitizers come in a variety of scents that could prove confusing to young children.

A mother from Easton, Massachusetts, Jennifer Daly has said that in a home with three children, she treats hand sanitizer as a toxin. She keeps the sanitizer bottle on the top shelf of a medicine cabinet along with the other medicine that needs to be kept away from young children. Daly is the mother of twin 5 year olds as well and an 8 year old child—she is doing what she feels is in their best interest in an effort to keep them safe from the harmful side effects that come along with ingesting hand sanitizer.

According to reports released form the Georgia Poison Center, the number of cases of children under 12 years of age who have suffered harmful side effects as the result of ingesting hand sanitizer has quadrupled from 2010 to 2013. There were 16, 117 cases reported nationwide of children suffering from hand sanitizer poisoning in 2013 as opposed to the 3,600 reported nationwide for 2010. Dr. Gaylord Lopez, director of the Georgia Poison Center, has said that children have a tendency to eat things regardless of how they may smell and taste. Dr. Lopez has stated that this is one of the main causes for alarm in terms of children ingesting hand sanitizer. Nowadays, the sanitizers come in a variety of scents, such a strawberry, grape, and cherry. Some children may not realize the severity of the matter when they ingest such sanitizers, and may become “drunk” as a result of the sanitizer consumption.

September 3, 2015

Defective Children’s Products – What Parent’s Should Know

by Altman & Altman

One of the most common causes of product liability claims in the United States is defective children’s products. Any type of children’s product can be defective, including toys, bedding, car seats, and food. In 2013, approximately 74,900 children under the age of five were taken to the emergency room as a result of nursery related injuries. Of these injuries, 66% were associated with high chairs, cribs, mattresses, strollers, infant carriers, or car seats. When a product is considered defective, it is generally classified into one of three defective product categories – poor design, faulty construction, or improper labeling.

The Consumer Product Safety Commission

Founded in 1972 by Congress, the Consumer Product Safety Commission (CPSC) serves to “protect the public against unreasonable risks of injuries and deaths associated with consumer products.” The agency regulates safety guidelines, recalls unsafe products, conducts research, and works toward decreasing the chance of injuries and fatalities to consumers. CPSC is a helpful resource for parents of injured children who believe a defective product is responsible for their child’s injury.

Defective Strollers

Car seats and strollers are two of the most commonly recalled children’s products. The most common injuries caused by defective car seats and strollers are generally due to:

Faulty stroller brakes causing uncontrollable and unexpected rolling
Unsafe center of gravity causing stroller rollovers
Faulty locking mechanisms causing strollers to fold while children are still inside
Inadequate restraints on strollers and car seats causing children to fall out

In late 2014, 11 models of strollers were voluntarily recalled by manufacturing giant, Graco, because of severe finger injuries, including amputation. Retailers such as Target, Walmart, Amazon, and Toys R Us had been selling these products since 2000. Continue reading

August 31, 2015

Understanding Spinal Cord Injuries

by Altman & Altman

Every year, an estimated 11,000 spinal cord injuries occur in the United States. Motor vehicle accidents, falls, sports, and an array of medical issues are commonly to blame and can result in catastrophic injuries and death. Damage to the nerves and tissues along the vertebrae often cause debilitating pain and typically require a long recovery period. Additionally, the psychological and physical adjustments required after a spinal cord injury can be overwhelming for the entire family, sometimes resulting in depression and anxiety.

Spinal cord injuries occur when either the nerves attached to the spinal column or the bones and soft tissues enmeshed in the spinal cord are damaged. These nerves are vital in transporting messages from the brain to the rest of the body, controlling everything from movement to digestion to breath. This impairment can include numbness, loss of feeling, or complete paralysis.

What Are the Two Types of Spinal Cord Injuries?

The nervous system is extremely complex. Spinal cord injuries can have very different effects on the body, depending on the severity and location of the injury. The two categories of spinal cord injury are:

Complete Injury – This is when physical trauma to the spinal cord results in absolute loss of function or sensation below the site of the injury.
Incomplete Injury – This occurs when the victim is left with some sensation or motor function.

The site of trauma typically determines the extent of nerve damage. Full paralysis, or quadriplegia, is often the result of trauma to the neck area, preventing nerves from carrying the brain’s impulses beyond the damaged part of the spine. Paraplegia – partial paralysis of the lower half of the body – usually occurs when the lower vertebrae are damaged. Continue reading

July 31, 2015

Two Boys Suffer Severe Sunburns At Daycare Facility

by Altman & Altman

It is every parent’s worst nightmare: getting the call that your child was injured while under the watch of caregiver.

For Shaunna Broadway of Oklahoma, she was stunned to learn that the daycare facility she sends her sons, Connor, 7, and Trae, 5, to had taken the boys to a splash park and allowed them to play outside for hours, without sunscreen.

According to CNN, Broadway had dropped her boys off at Happiness is a Learning Center last week at 9 a.m. When she arrived to pick them up, her sons were crying and writhing in pain, their skin red with severe sunburn. Staff at the daycare told the single mother that they did not have sunscreen and that the boys had refused to keep their shirts on. Broadway was advised by a local pharmacist to apply aloe to her sons’ skin—but soon found herself in the emergency room. By Sunday morning, the boys were transported to Shriners Hospital for Children with boils on their shoulders and backs and Connor complaining of chest pain. The brothers were treated for serious, second-degree burns. Son Connor’s burns had eventually reached a level of third-degree and both boys, sadly, had to have skin removed from their backs.