Child Injury Lawyer Blog

By David Wolf, Attorney
Published by Child Injury Lawyer Network

All-terrain vehicles seem to be the cause of several injuries among Alaska's youth. In the month of July, the state has already reported three separate accidents. In one, a child riding an ATV collided with car sustaining only mild injuries. In another, a rider was hospitalized after she went off the road and hit several trees. Lastly, two 17-year-old girls riding an ATV rolled-over killing one girl and injuring the other.

The two most persistent problems among youthful ATV drivers: they are inadequately prepared to operated the powerful vehicles underneath them and they do not wear the proper safety gear. Alaskans are urging the State Legislature to create new laws that will require Alaska's youthful ATV drivers and riders to wear helmets.

Another problem is that adults are letting children drive adult-sized ATVs. According to the Alaska Brain Injury Network Inc., children younger than 16-years-old account for one-third of all ATV-related deaths and injuries nationally. ATVs have dual roles for fun and function. However, powerful devices, such as ATVs, are inherently dangerous and should only be operated by those who are mature and properly acquainted with the device.

If you would like to read more statistics and information on this topic see ATVs become a problem in Alaska.

If you would like to read other articles on ATV-related injuries see CBS News Reports on Dangers of Personal Injury to Children from ATV (All Terrain Vehicles).

ATVs are fun, however, they are especially dangerous for children. Adults should teach their children at an early age the proper safety rules on the use of ATVs. Kids should always wear a helmet and be taught what to do in situations if the ATV happens to malfunction. When a child is driving an ATV, make sure an adult is always supervising the activity.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

With summer officially here, outdoor activities are on the rise. CBS news correspondent, Susan Koeppen, conducted an investigation on children usage of adult-sized, all-terrain vehicles (ATVs). The Consumer Product Safety Commission (CPSC) stated in the month of April, ATVs were the cause of 40 deaths, 12 of those deaths were children under 16-years-old. In May, 13 children under 16 were killed and the death rate is expected to increase as the summer continues.

ATVs are dangerous, they can reach speeds of more than 50 mph. For example, Kyle Rabe was killed in an ATV accident at the age of 10. Rabe's death was speculated to be caused by the ATV hitting a rut, tipping over sideways and landing on the child. Rabe started riding ATVs when he was just 3-years-old; by the age of 8, he was riding adult-sized ATVs. According to the Concerned Families, started by Kyle Rabe's mother, Sue Rabe, for ATV Safety roughly 100 children under 16-years-old are killed annually by ATVs, and 40,000 are injured. Many of these accidents involve children riding adult-sized ATVs.

The warning signs are there, but they are consistently ignored - especially by dealerships. The Government Accountability Office found 7 out of 10 dealers willing to sell adult-sized ATVs even though they knew the ATV was intended to be used by a child. During and "Early Show" investigation, 5 out of 10 dealers were willing to sell large ATVs even though the dealer was told the ATV was being bought for a 14-year-old.

The ATV industry has proposed model legislation that would require training courses, proper gear, and forbid child use of adult-sized ATVs. The training course have been made available; ATV manufacturers are now required to offer free courses through the dealership where the ATV is being bought from. To read more this topic see Dangers of ATVs.

Parents and caretakers have an obligation to protect their children. Children should not be allowed to use an adult-sized ATV without being accompanied by an adult or licensed driver. Children should be aware of the proper way to operate an ATV and take advantage of the mandatory training courses. The number of child deaths caused by ATV accidents are too high. With proper supervision and enforcement of rules and safety measures, hopefully we will see a decrease in the number of child deaths.

By Ryan E. Alekman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Massachusetts, child safety advocates are trying to get tougher or more restrictive All Terrain Vehicle (ATV) legislation put in place. Currently, Massachusetts laws allows a child 10 years of age and older to ride on an ATV with adult supervision. Proposed legislation would raise the age in Massachusetts to 14 and older. Katie Kearney is a mother and a proponent of such legislation. Her son died following an ATV accident in 2006 after he suffered serious traumatic brain injuries. He was riding the ATV at a friend's house.

Dr. Lois Lee, the director of Children's Hospital Boston - Emergency Department Injury Prevention Program, points out that there is a substantial risk of injury and even death to children who ride on All Terrain Vehicles (ATVs). Statistics show that
injuries there were 900 child personal injuries reported between 2004 - 2005 in Massachusetts. Approximately a quarter of these injuries required treatment in intensive care for serious personal injuries. Some even had serious traumatic brain injuries.

Yes, ATVs are fun but they are truly dangerous vehicles especially for children. You can read more about this story at Families Pushes for Tougher ATV Legislation in Massachusetts.

By Stephanie F. Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Georgia and other States, adults and children enjoy riding ATVs (All Terrain Vehicles). ATV riding can be quite dangerous as well. It is important for adults and children riding ATVs to follow safety precautions by wearing helmets, knowing the terrain where the riding is taking place, and by traveling at a safe speed.

In Cleveland, Georgia, it was reported by the Atlanta Journal Constitution Newspaper website that a man died as a result of an ATV accident. It was reported that the man and the ATV went off a 25 foot embankment.

Just because a person is operating an ATV off the road does not make it safe. Of course, it is safer than riding an ATV on or near traffic. However, accidents can still happen on and off dirt roads and other off road areas.

By Jay Foster, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Mississippi and other states, emergency rooms and pediatricians are called upon to treat children who suffer head injuries as a result of an ATV accident or incident. Dr. Shannon Smith is a pediatric rehabilitation doctor based in Mississippi. Dr. Smith is advocating for the passage of a law that would require helmets for children who ride ATVs (All Terrain Vehicles). You can read more about Dr. Smith's points and the dangers of ATVs at Mississippi Needs Tougher ATV Laws for the Protection of Children.

With or without a law in place, all owners of ATVs should exercise good safety measures especially when children are riding on the ATVs. Put a helmet on the child and properly supervise the use of the ATV. Just because the ATV is operated on a dirt road off of concrete does not mean that the child cannot be injured by an accident or fall off the ATV. Many serious head and brain related injuries can be avoided or lessened by the wearing of an appropriate helmet.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A five year old boy from West Wales, United Kingdom, fell off a child’s motorcycle that he had been given as a Christmas present. He suffered serious head injuries from the fall and died after being taken to the local hospital. The child was reportedly playing with the gift in an enclosed playground when the motorcycle accident took place. His father had taken him to the park to practice, since it was closed to automobile traffic over the holiday. Unfortunately, because the enclosed area is usually used for driving practice, it has a concrete surface. According to a neighbor, the park was locked up, but the short fence would be easy for someone to hoist a bike over. Police are calling this a tragic accident. They would not say if the child was wearing a helmet at the time of the accident.

Motorized vehicles, such as motorcycles, all terrain vehicles (ATVs), and go-karts are very popular among kids. Unfortunately, if they are not used with appropriate care, supervision and safety precautions, these toys can turn deadly.

Find out more about this tragic motorcycle accident that took the life of a child at Boy, five, dies after falling off child's motorbike he was given as Christmas present.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

All Terrain Vehicles (ATVs) are not toys. ATVs are powerful machines that can be a lot of fun. In addition, ATVs can be quite dangerous to the health and safety of children. Because ATVs are powerful machines, it is important to exercise safety precautions any time that a child is on or near an ATV. Helmets are vital in case a child falls off an ATV. Training is also essential so that the child is taught how to properly operate the ATV. Some child safety advocates recommend that a child refrain from operating an ATV until a certain age. Parental or adult supervision is also key to the safety of a child when a child is operating or riding on an ATV. For more safety tips, see ATV Safety Tips for Children.

By Robert Chaiken, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Four year old Dakylie Hamilton and his three year old sister Desean Hamilton were given a battery powered plastic toy all terrain vehicle (ATV) for Christmas this year. According to the Wills Point Police Chief, the two children were not being supervised by an adult when the toy plunged into a creek near their home. They were pulled from the water but were not responsive and could not be revived. The children’s single mother was at work when the accident took place, and the children were supposed to be under the care of their grandmother. Texas Child Protective Services have been alerted, as there are other children living in the home. While the investigation is still underway, police are calling this a tragic accident.

Children of any age need to be supervised by an adult when riding any kind of motorized vehicle. Adults can make sure that the road is clear of debris and other hazards, and enforce proper safety habits like wearing a helmet and keeping the speed of the vehicle under control. You can find out more about this tragic ATV accident that killed two children at Two children die when toy ATV drives into creek in Wills Point.

By Sara J. Powell, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Arizona and other states, All Terrain Vehicles (ATVs) pose a safety risk to children. The Injury Prevention Center based at the Phoenix Children's Hospital has studied injuries related to ATV accidents and incidents. It was reported that over 1000 Arizona children were injured / hospitalized due to ATV related accidents. Of these children 9 died and 6 of these 9 children were not wearing helmets. The American Academy of Pediatrics recommends that children under the age of 16 be prohibited from operating an ATV. The safe operation of an ATV depends on the operator's experience, size, strength, judgment, and decision making abilities. You can read more about safety tips and recommendations regarding ATVs and children at ATVs Pose Significant Health Risks to Children.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Phillip Gross was driving an ATV on Maier Road, South of Mount Vernon, Indiana with two children, aged 9 and 12, as passengers. Gross reportedly hit a dog, causing the ATV to rollover, trapping Gross and the 9-year old under the vehicle. According to deputies of the Posey County, Indiana Sheriff’s Office, the boy died shortly after being transported to Saint Mary’s Hospital by Life Flight. Gross and the twelve-year-old girl were treated and the girl has been released.

ATVs are open motorized vehicles that can flip over, causing serious injuries or death to children and adults alike. Adults should take care when driving ATVs and make sure that they and their passengers observe safety precautions such as wearing safety helmets. You can find out more about this ATV Accident at Child killed in ATV accident.

By Andrew Prine, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Iron River Township, Michigan, a 5 year old died in an ORV (Off Road Vehicle) accident. The accident took place on Amvets Highway in the morning. The driver of the ORV was Kimberly Lewis, a 36 year old woman from Larsen, Wisconsin. Ms. Lewis suffered a leg injury. The child, who was wearing a helmet, died as a result of the accident. While helmets are necessary safety devices, they cannot prevent all serious injuries from ORVs (Off Road Vehicles) or ATVs (All Terrain Vehicles). You can read more about this story at 5 Year Old Dies in Off Road Vehicle Accident in Michigan.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Safe Kids Utah has a great website ( www.safekidsutah.org) that provides safety tips and advice to parents. In reviewing this website, parents can read helpful information regarding:

Amusement Park Rides; Fireworks; Trampolines; Travel safety tips; Swimming / drowning; ATVs (All Terrain Vehicles); and Home alone safety tips.

Children suffer personal injuries every day in the State of Utah from recreational and sports activities as well as everyday activities. It is important for parents to educate themselves on safety precautions so that this knowledge can be passed on or taught to their children.

By Sara J. Powell, Attorney and David Wolf, Attorney Published by Child Injury Lawyer Network Teens and adults in Arizona and other states ride for hours at a time on ATVs (All Terrain Vehicles). Some teens and adults, after months or years of operating ATVs, believe that they are skilled enough drivers to avoid accidents causing personal injuries or wrongful death. Even the most simple jumps or turns for an experienced driver can turn into an accident causing serious injuries and, yes, sometimes even death. In Arizona, a 13 year old boy (Logan Walters) recently died from injuries related to an ATV accident. Logan suffered these injuries when his ATV flipped over and landed on him. His father stated that Logan made similar jumps with ease in the past. As such, the father was surprised as to how the incident took place seeing that Logan had been driving or riding ATVs since Logan was four years old. It has been a very tough time for the Walters family, school, and community. ATVs are motorized vehicles that, at times, flip and cause serious personal injuries to children and adults alike. The death of a child is a typically unexpected and a very difficult for everyone connected with that child to deal with. Hopefully, the memory and deeds of Logan Walters will inspire others to excel in life and do good for others. You can read more about this story at Teen Dies As a Result of ATV Related Injuries.

By John Jensen, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In North Carolina and other states, All Terrain Vehicles (ATVs) can be fun and exciting for both adults and children. Unfortunately, many children in North Carolina and other states have suffered personal injuries and death while riding on (whether as an operator or passenger) an ATV. CSX Transportation is a train / railroad company based in Jacksonville, Florida is requesting that owners and operators of ATVs keep them off of railroad tracks this summer and at all other times of year. A combination of an ATV near train tracks and trains of any size can be quite dangerous. Tracks should not be used as tools to jump over. Operators of ATVs should also refrain from weaving across railroad tracks or chasing trains. You can read more about this story at Dangers of ATVs and Trains / Railroad Tracks.

By Jeremy Vishno and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Connecticut, a family went snow tubing at a recreational facility. In order to use the snow tubing area, the business / recreational facility required the family to sign liability waivers which purported to release the snow tubing recreational facility from liability even if there was negligence on the part of the facility. The family went snow tubing that day and a child was injured when his foot got caught between the snow tube and a man made bank. The parents sued on behalf of the child who had a number of surgeries due to the personal injuries sustained during the snow tubing outing. The trial court threw out the case and this ruling was appealed and ultimately reached the Connecticut Supreme Court. The justices on the Supreme Court reversed the trial judge's ruling and ruled that the liability waiver was invalid and against public policy for the State of Connecticut.

Whether your child is injured in Connecticut or any other State, it makes sense to consult with an attorney as to liability or responsibility for the child's injuries when the injuries were caused by the negligence of a person or business. Florida is another State where the Supreme Court has invalidated liability releases of this nature. The rulings of the highest courts in both Connecticut and Florida make sense since the rulings favor the best interests of the child and safety over protecting a business or person from negligent action or inactions leading to personal injuries of death. You can read more about the Connecticut snow tubing ruling at Connecticut Supreme Court Strikes Down Liability Waivers as Against Public Policy.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Tacoma, Washington, a 6 year old boy -Sebastian Hizey - died when parts from a red monster truck came flying into the stand and hit the little boy. Another spectator was injured as well. The monster truck was spinning around doing donuts when parts flew 30 to 50 feet beyond and over safety barriers into the stands.

The boy's father, Jessie Hizey, was interviewed by the press and stated that a Frisbee sized piece of metal came flying into the stands and hit his son. Tragically, the hold incident unfolded right before the eyes of Sebastian's father.

There are other monster truck shows that are scheduled for the Tacoma Dome that will be going forward with the events. The promoter of the event, Feld Motor Sports, promised more inspections of trucks in monster truck shows and stated that the truck involved in the incident would be withdrawn.

Safety precautions are important for any monster truck show. Barrier should be erected to provide a shield and safe distance for spectators like the Hizey family. Furthermore, there should be a safety inspection and checklist for every truck entering the event. Questions arise from this incident as to what safety precautions were taken as to the red monster truck and others that were involved in the monster truck show. In particular it would be helpful to know the following:

Who owned the red monster truck involved in the incident?

What modifications were made to the red monster truck?

What repairs were made to the red monster truck over the past year?

What inspections were completed or required by Feld Motor Sports and / or the Tacoma Dome?

Many events print a disclaimer or release on the ticket as to injuries taking place at public events like monster truck shows. Some courts have upheld such releases or disclaimers and many courts have stricken such disclaimers or releases as against public policy. This is especially true when dealing with injuries to innocent children.

In addition to police and authorities charged with the responsibility to conduct an investigation into this death, the family has the right to retain its own attorney / lawyer as well as its own investigators including engineers, mechanics, and accident reconstruction investigator to conduct an private investigation into this matter.

You can read more about this story at 6 Year Old Boy Dies as Monster Truck Event in Tacoma, Washington.