Injuries to Minors

Maryland Police Targeted in Two Separate Police Brutality Lawsuits

December 15, 2008 | Lebowitz & Mzhen

Two recent Maryland lawsuits have brought the topic of police brutality to the media forefront. Last week, a judge ruled that teenager Eric Bush can sue the city of Baltimore for Maryland personal injury even though he had missed the deadline for letting the city know he intended to sue. The judge said Bush showed good cause for why his notice that there would be a lawsuit was late.

Bush became a YouTube star after footage of Officer Salvatore Rivieri putting the then-14-year-old skateboarder in a headlock and chastising him for calling the cop “dude” was posted on the popular Web site. The altercation took place in 2007 at the Inner Harbor.

Bush says he never heard Rivieri give him an order about skateboarding. Rivieri, a police veteran, was suspended after the video footage of the incident was brought to the Baltimore police Department’s attention.

Mother Sues Crocs for Personal Injury After Son’s Right Toe is Mangled While Riding Baltimore Aquarium’s Escalator

December 4, 2008 | Lebowitz & Mzhen

The mother of a six-year-old boy whose right big toe was mangled when his Crocs clog got caught in an escalator at the National Aquarium in Baltimore is suing Crocs Inc. for products liability. Kerry Burdick filed her federal lawsuit in court on Monday. She is seeking over $7.5 million in damages.

The accident occurred last April. Burdick’s lawsuit alleges that Crocs was aware that the popular clogs posed a hazard on escalators yet failed to warn consumers.

This is not the first incident where a person got hurt while using Crocs shoes. Over 200 people around the world have been involved in similar escalator entrapment accidents while using the popular clogs. Children especially appear more prone to injuries while wearing Crocs.

In 2007, a 10-year-old girl hurt her toe after her Crocs clog got stuck on an escalator at the Atlanta Hartsfield Airport. This year, a 3-year-old Croc wearer had two of her toes partially amputated because of injuries she sustained while also riding an escalator at the Atlanta airport. The parents of another 3-year-old sued Crocs for $7 million after her toe was mangled in an accident at New York’s John F. Kennedy Airport.

In April, Japan’s Trade Ministry asked Crocs Inc. to redesign its popular clogs. The ministry said that over a six-month period last year, it had received 65 complaints of escalator injuries involving Crocs clogs. In May, the US Consumer Products Safety Commission warned that it had received 75 injury reports between January 2006 and May 2007 about people who got hurt in escalator accidents while using Crocs.

Last July, Crocs Inc. said it would add warning tags about possible escalator entrapment-related injuries to its shoes. While the shoes that come with these warnings will become available in 2009, there are still millions of Crocs clogs out in the marketplace for sale or that have already been purchased that lack the entrapment warning.

Son hurt, Pa. woman sues Crocs firm, Baltimore Sun.com, December 4, 2008
Pa. mother sues Crocs over son’s escalator injury, Examiner.com, December 4, 2008
Related Web Resources:

Crocs

Crocs and similar soft shoes linked to escalator entrapments, Consumer Reports, May 20, 2008

NHTSA Reports That 22 Children, Age 14 and Under, Died in Maryland Traffic Fatalities in 2007

October 24, 2008 | Lebowitz & Mzhen

According to the National Highway Traffic Safety Administration, 1,670 of the 41,059 traffic fatalities that occurred in the United States in 2007 were child victims, age 14 and younger. 22 of those fatalities occurred in Maryland. 3 of the child traffic deaths occurred in Washington DC.

The National Center for Health Statistics says that auto crashes are the number one cause of death for children ages 8 to 14 and 3 to 6. Last year, 385 child vehicle occupants, age 4 and under, died in motor vehicle crashes.

More 2007 NHTSA Traffic Accident Statistics About Children, Age 14 and Under:

• 245 of the 1,670 child motor vehicle deaths involved at least one drunk driver.
• 130 of the 245 children that died in drunk driving accidents were riding with a drunk driver.
• Children, age 14 and under, made up 306 of the 4,654 pedestrian deaths last year.
• Drunk drivers killed 29 of these child pedestrians.
• 14,000 child pedestrians sustained injuries in traffic accidents.
• Young pedestrians were most likely to sustain fatal injuries between 4 and 8pm and noon and 4pm.
• 80% of pedestrian deaths involving this age group took place at non-intersections.
• 91 child pedalcyclists died last year.
• 10,000 child pedalcyclists were injured in motor vehicle crashes.

• Each day last year, 5 children in this age group were killed in traffic accidents, with 548 others injured.

Children are prone to catastrophic injuries anytime they are involved in a serious auto collision. While there are steps that parents can take to protect their young children from the impact of colliding with a motor vehicle—whether as an auto occupant, a pedestrian, or a pedalcyclist—accidents caused by negligent drivers or because an auto manufacturer designed a defective car or motor vehicle part do happen.

Children, 2007 Data Traffic Safety Facts, NHTSA

Related Web Resources:

Preventing Injuries to Children in Motor Vehicle Crashes, Safe Kids Worldwide
Kids and Cars.org

Bed and Toy Chest Sets Recalled May Pose an Entrapment Hazard to Kids

July 29, 2008 | Lebowitz & Mzhen

Importer Bayside Furnishings and the Consumer Product Safety Commission has announced the recall of approximately 9,350 Pirates of the Caribbean Twin Trundle Beds and LaJolla Boat Beds because of concerns that the toy chests pose an entrapment or strangulation hazard to kids.

There is concern that the toy chest lid supports do not stop the chest lid from shutting too fast. The CPSC says that they have received reports of one incident in which a boy, 22-months, was strangled to death after the toy chest lid fell on the back of his head and his neck became trapped.

This is not the first time toy chests have been recalled over entrapment/suffocation worries. One child suffocated while in a toy chest three years ago. In separate incidents in 2001, another child fell while another child suffocated. Both children died from their injuries.

At least 10 other toy chest recalls have taken place over the last 10 years. The Consumer Product Safety Commission says that since 1975, there have been at least 45 reported deaths. At least three children that were injured injured in toy chest-related accidents suffered brain damage. The majority of injury victims are younger than 2 years of age.

Common toy chest-related accidents:

• The chest falls on a child’s hands or neck.

• Suffocation, from children climbing into or get trapped in the toy chest.

Manufacturers of toys and other children’s products are supposed to design and make products that are safe for use. If your son or daughter was injured because of a product defect, you may be able to file a products liability claim or lawsuit to obtain compensation for his or her personal injuries.

Toy Boxes and Toy Chests, CPSC.gov
Bayside Furnishings Recalls Youth Bed Toy Chests Sold at Costco After the Death of a 22-Month-Old Child, CPSC.gov, July 3, 2008
Toy Chests are Not Toys, Washington Post, July 4, 2008

Related Web Resources:

NNCS Toy Safety

Kids in Danger

Prince George County Residents Calling for Speed Bumps After Car Hits Child Bicyclist

May 23, 2008 | Lebowitz & Mzhen

In a South Laurel neighborhood in Prince George County, Maryland, residents are renewing their efforts to get officials to install speed bumps after a 7-year-old bicyclist was hit by a speeding motor vehicle earlier this month. The boy sustained serious head trauma.

According to the Montgomery County, Maryland Web site, 214 people died in speeding-related accidents in 2005—accounting for 35% of all Maryland motor vehicle deaths. That same year, 85% of all speeding-related deaths in the United States occurred roads other than US highways.

Residents say that this injury incident is just one more example of why measures need to be taken to slow down speeding drivers. They want speed bumps installed close to the residential areas—especially because so many pedestrians are students going to and from school. In some areas where there is heavy student traffic, there are no sidewalks to keep kids safe.

Briarwood Civic Association President Katrina Meza says that her efforts to have speed bumps installed have been rejected by the Department of Public Works and Transportation.

A Public Works department spokesperson says that a 2004 survey found that no speed bumps are necessary even after taking into consideration the amount of pedestrian traffic, the general speed of traffic, rush hours, and the hours of student commute.

If you or someone you love was seriously hurt in a Maryland injury accident, do not hesitate to contact our personal injury law firm right away. We can prove if a driver, a property owner, your municipal or state government, a doctor, a nursing home, a product manufacturer, or anyone else was negligent and could have prevented the injury accident from happening.

Accident revives push to slow speeding cars, Laurel Leader, May 22, 2008

Related Web Resources:

Speeding Facts

Speed Bumps

1 Toddler and Several Others Injured When MTA Train and Van Collide in Baltimore, Maryland

March 20, 2008 | Lebowitz & Mzhen

An 11-month girl was injured after she was struck by a van that collided with an MTA light rail train on Thursday in Downtown Baltimore, Maryland. She was taken to Johns Hopkins Hospital’s pediatric center.

The driver of the van was a U.S. Naval Academy midshipman. He also was taken to a local hospital but did not sustain any serious injuries. Several light rail passengers are reporting injuries from the accident.

The motor vehicle collision occurred early in the morning. The van reportedly ran a red light and was struck by the MTA light rail train. The force of the collision caused the van to spin onto the sidewalk and strike the stroller with the toddler in it.

If you believe that someone you love was seriously injured in a motor vehicle accident, you should contact our Maryland personal injury law firm right away. Our motor vehicle accident attorneys also handle cases involving injuries to minors.

Running a Red Light

Running a red light is a commonly occurring traffic violation that can lead to serious injuries for other drivers and pedestrians and cause serious property damage to motor vehicles involved in any related collisions.

According to the NHTSA, there were over 3,500 traffic accidents in Maryland involving red light violations in 1995—resulting in 34 fatalities and 4,256 injuries. Maryland is one of a handful of U.S. states that use red-light cameras in a few areas—including Montgomery and Prince George’s counties—in an effort to prevent people from running red lights.

Types of Accidents from Running a Red Light, include:
• Colliding with cars coming from the left or ride side of the driver’s path that now have green light authorization to move forward.

• Striking a pedestrian.

Rail commute delayed, several injured in downtown collision, Baltimore Sun, March 20, 2008
Red Light Violations in Maryland, NHTSA

Related Web Resources:

D.C. Red-Light Cameras Fail to Reduce Accidents, Washington Post, October 4, 2005
Red Light Running, Insurance Institute for Highway Safety

Consumer Product Safety Commission Reports Increase In Nursery Products-Related Infant Deaths

February 29, 2008 | Lebowitz & Mzhen

The Consumer Product Safety Commission has issued a report that states the number of infant deaths (children under age 5) involving nursery products have increased significantly.

According to the CPSC, 66,400 children were seriously hurt in nurseries in 2006. The number of infant injuries involving nursery products in 200t was 59,800.

The report did not take into account injuries in 2007 when more than one million Simplicity bassinets and cribs were recalled. At least 4 infants died because of the defective infant beds. The Chicago Tribune conducted an investigation that found that CPSC and Simplicity had known that defective infant crib parts and improper installation could lead to suffocation, even death.

The CPSC report cited a number of Infant products associated with infant injuries, including:

• Cribs
• Bassinets
• Strollers
• Infant carriers
• Car seats
• High chairs
• Walkers

Sometimes the cause of the injuries has been a defective product or product failure. Falls were also a leading cause of injuries. 42% of the injuries sustained by infants were head injuries.

Toys have also come under fire as a cause of serious injuries or deaths affecting children of all ages. Last year, 25 million toys were recalled because of defective product concerns.

In the event that your child was injured because of a defective product, the instructions that came with the product was incomplete or unclear, or the product did not come with a failure to warn of potential injuries or hazards, one of our Maryland or Washington D.C. lawyers would be happy to discuss your case during a free consultation.

Nursery-related product injuries on the rise, CNNMoney.com, February 28, 2008
Infant Deaths in the Nursery Increasing, Consumer Affairs, February 28, 2008
Nursery Product Injuries Sending More Children to the ER, NewsInferno.com, February 29, 2008

Related Web Resources:

Consumer Product Safety Commission

Infants & Children, Recall-Warnings

Maryland State Police Warn Drivers to Exercise Caution When Near School Buses

September 4, 2007 | Lebowitz & Mzhen

Police in Maryland are reminding drivers to “exercise caution, especially when children are involved… while driving anywhere near a school bus.” The warning comes in the wake of the new school year and efforts by state and local law enforcement departments to make this school year a safe one with zero injury accidents and wrongful deaths.

Police will be watching for drivers that are not paying attention when driving close to school bus stops. In Annapolis, drivers stopping in school traffic safety zones during the next five days will get a warning. Afterwards, they will receive citations.

Annapolis will also set up radar-speed display boards in school traffic zones. Police officers will stop any driver caught speeding. Stopping at pedestrian crosswalks will also be enforced, as will the use of seatbelts and child car seats. County officers will patrol school zones in cars during times when school buses are in operation.

Maryland’s Penalties for the Following Violations by Motor Vehicle Drivers:

• Failing to stop for a school vehicle: 3 points to the driver’s license and a $570 fine

• Causing an accident because of failure to stop for a school vehicle: a $610 penalty and three points to the driver’s license.

• Failing to stop for a pedestrian at a crosswalk: $80 fine
• Failing to exercise caution when children are around: $70 fine

Statistics show that from 1991-2001, about 26 children died in school bus accidents. 19 of the 26 fatalities were children that had gotten off or were getting on a bus. Half of the student pedestrians were between the ages of 5 and 7.

There were 1,479 school bus accidents that occurred over this same period. 68% of these accidents involved drivers of other motor vehicles.

Losing a child in a school bus-related accident can be very devastating for the family. It can also be very traumatic for a child to sustain serious injuries in a school bus accident, and the psychological and emotional ramification can be long term.

If your child has been seriously injured or killed in a school bus accident because the bus driver or another driver was negligent, you might have grounds to file a personal injury or a wrongful death claim or lawsuit.

Bus safety high on police radar, Hometownannapolis.com, August 20, 2007
School Bus Accident, Online Lawyer Source

Related Web Resources:

Traffic Safety, NHTSA
Back to School Safety, NSC.org

5-Year-Old Stevensville Boy Dies After Being Struck by Car in Anne Arundel County, Maryland

August 24, 2007 | Lebowitz & Mzhen

Colin Matthew Cunningham, a 5-year-old boy, died on Saturday after being struck by a car. The Stevensville boy was running after a group of teenagers when he ran in front of a Jeep Wrangler on Whispering Woods Drive in a townhouse community in Annapolis.

According to police, seven teenagers had crossed the street to play football in a nearby open area. Colin ran after them. After the accident, he was taken to Johns Hopkins Children’s Hospital and later declared dead.

The 18-year-old driver of the Jeep had her 16-year-old neighbor and 14-year-old sister in the car with her. She stopped right after hitting the Colin.

Authorities say that the alcohol did not play a part in the car accident, but they would investigate whether she had been speeding.

Statistically, children—especially boys 5 to 9 years of age—are at great risk of being hit by a motor vehicle in a pedestrian accident. Many pedestrian accidents involving young children take place close to their homes, and pedestrian fatalities is one of the leading causes of injury and death for children.

Children frequently don’t have a great sense of danger. They also are not easily able to judge how fast an oncoming car is going. They also can be very impulsive and may run into the street without looking to see if a car is coming.

Saferoutesinfo.org offers a number of safety tips for children that are old enough to cross the street without adult supervision, including:

• Choose the route with the fewest streets to cross.
• Avoid crossing busy or high-speed streets.
• Be more visible to drivers by wearing bright clothing in the daytime.
• Always look for motor vehicles.
• Do not cross behind or within 10 feet of the front of a bus or other large motor vehicle because the driver can not see this area.
• Stop at the edges of driveways and curbs or edges of the street where no curb exists and look for motor vehicles before proceeding.
• Watch for parked motor vehicles that may be getting ready to back up or pull forward.
• Walk, don’t run, across the street.
• If crossing the street at an intersection:
o Obey traffic signs and signals.
o When the signal indicates it is time to cross, check for motor vehicles. Drivers may not obey the rules and turning drivers may not look for pedestrians.

• Look to see if motor vehicles are coming.

Although children need to be careful when crossing the street, it is still the responsibility of car drivers, bus drivers, truck drivers, and motorcycle riders to exercise extreme caution when operating their motor vehicles.

If your child has been injured or killed in a pedestrian accident because a driver acted negligently by speeding, driving under the influence of drugs, or for any other reason, your child and your family are entitled to recovery compensation for pain, injuries, suffering, and other related losses.

Stevensville boy, 5, dies after being hit by car, Baltimoresun.com, August 20, 2007
Key Messages For Children, Saferoutesinfo.org
Pedestrian safety for kids and parents, Safety and Consumer Protection

Related Web Resources:

National Strategies for Advancing Child Pedestrian Safety, Federal Highway Administration

Pedestrian Injuries to Young Children

Woman Accused Of Hitting Four School Children In Hit-And-Run Accident In La Plata, Maryland Is Released On Bond

June 7, 2007 | Lebowitz & Mzhen

The King George, Virginia woman who is accused of hitting four children that were waiting for a school bus in La Plata, Maryland on Tuesday, and then fleeing the accident scene, has been released on $50,000 bond after being charged with failing to stop after an injury accident and DWI (driving while impaired).

Two of the children, boys ages 4 and 10, were seriously injured and were being treated at the Children’s Hospital in the District. A 9-year-old, who was treated at La Plata hospital, has been released. A 17-year-old had also been injured.

Jacqueline Simmonds, 29, was driving toward a methadone clinic when her car went off the road and onto the sidewalk, hitting a group of children who were waiting for their bus at the stop on Glen Albin Road. She didn’t stop her vehicle and instead, kept driving, ran into a stop sign, and stopped 20 minutes later. She failed two sobriety tests.

Simmonds has previous hit and & run and DUI convictions and is currently fighting an addiction to methadone.

In Charles County, parents are calling for greater safety measures at the stop where the accident took place. They are planning to start a petition drive requesting the hiring of a crossing guard, the installation of speed bumps, and the relocation of the bus stop to an area where there is less traffic. This is the second accident at the Glen Albin Road school stop in the last 9 months. A car struck a child who was crossing the street last September.

Injuries to Minors

Children under 18 years of age who have been seriously injured in an accident can only file a lawsuit with the help of a parent, guardian, or another adult.

Serious injuries to minors can be life altering and extremely traumatic. In addition to injuries resulting from a motor vehicle-related accident, common personal injury accidents where minors are injured include:

• Playground accidents
• Amusement part accidents
• Swimming accidents
• Bicycle accidents
• Swallowing cough medicine or cleaning substances
• Pedestrian injuries
• Falls