Child Injury Lawyer Blog

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Many families with pet dogs install doggie doors to allow easy access for dogs to go in and out of a house or patio area. Doggie doors are very convenient. Doggie doors can also be dangerous in that small children / toddlers get out of house through the doggie door. Once out of the house, small children / toddlers have been known to suffer serious personal injuries and death from pools, ponds, and other dangers outside of the house. In August 2006, Matthew Ranfone got out of a doggie door from his Orlando home and was found floating face down in the family pool. He died later from drowning related injuries. Carol Ranone, Matthew's mother, has launched a website to get the word out about the dangers of pet doors / doggie doors and small children at www.petacessdangers.org. I recommend that all dog owners who are parents of small children or who have small children in their home to take a look at the website. The safety of small children / toddlers is much more important than the mere convenience of a doggie door. Safeguard your home to the best of your ability to protect children who live or visit your home.

You can read more about the dangers of doggie doors at Pet Doors and Crawling Kids Can Be a Deadly Combination.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In May and June of each year, there are high school graduation parties. This should be a time for celebration and reflection of the milestone of graduating high school. Unfortunately, some high school graduation parties turn from sites of celebration to sites of tragedy, personal injuries, and death. In Mesa, Arizona, a police officer and 10 year old child were injured at a high school graduation party. Another man and woman were killed at the party while two others were injured by gunshot wounds. There are many reasons why disputes take place at high school parties. Sometimes, it is a fight over a girlfriend or boyfriend. Sometimes, it is alcohol or drugs that make people violent unreasonable, or dangerous. When you combine any of this with the use of a gun, there can be trouble.

Some homeowner's insurance policies cover gun related injuries and deaths while others do not. The policy must be read thoroughly and carefully to determine the appropriate coverage under the policy. The injured parties and the families of the wrongfully killed guests may be entitled to coverage under a homeowner's insurance policy. An Arizona personal injury attorney / lawyer can read the policy and advice victims and their families of their respective rights to compensation under the law and under the insurance policy.

You can read more about this story at Mesa Arizona High School Graduation Party - 2 Dead and 4 Injured.

By Brooks P. Lynn, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Liberty County, Texas, a seven year boy (Donald Coffey, Jr) was shot when a property owner believed that he was a trespasser. Tragically, Donald died from the gun shot wounds. Donald was shot in the head after he and three other people took a break from off roading in an area about 40 miles outside of Houston, Texas.

The property owner (Sheila Muhs and her husband, Gayle Muhs) were charged with counts of aggravated assault for the shootings. It is uncertain from news report what these landowners found about small children off roading with their father. Shooting a small child in the head just because he was trespassing or appeared to be trespassing just does not make sense in in this case appears to be criminal. Yes, property owners should be able to protect their property with reasonable force; however, it does not appear that a 7 year old taking a break to go the bathroom presented much of a threat to be dealt with by a shot gun blast to the child's head. You can read more about this story at Texas 7 Year Old Dies from Gunshot Wounds.

By Steven Smith, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Bronx, New York and other cities, apartment complexes and condominiums pose certain hazards for children. In particular, child suffer serious personal injuries including fractures, brain damage, and wrongful death from falls out of apartment / condominium windows. Many apartment buildings have windows that can be accessed by a toddler. It is important for parents, caregivers, and the landlord to provide for the safety needs of the child. Child proof locks and safety bars or gates can help prevent injury. Alarms can also be installed to alert a parent or caregiver that a window has been accessed or tampered with. While these safety measures and others are helpful, close parental supervision can help prevent many fall related injuries from apartment / condominium windows.

In Bronx, New York, a 2 1/2 year old boy recently fell 30 feet from a 3rd story apartment window. He survived the fall with only minor injuries. Many other children who fall out of or through windows are not as lucky and often times suffer serious and permanent personal injuries. See New York City Toddler Survives Three Story Fall from Window.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Colorado and other states, just a few minutes or more of inattention can lead to serious child personal injuries and, in some instances, wrongful death. In Denver, Colorado, a 7 month old baby died while his father was taking out the trash. As a result of this incident, the Denver Colorado District Attorney's Office has charged the father (Thomas Ashley) with child abuse. Mr. Ashley was bathing his son but left his son in the water while he made a telephone call and took out the trash. Firefighters were called to the scene; however, their efforts were not enough to save this child from this most unfortunate and preventable death. Stories like this show the important of supervision of children especially around water including bathing time. Mr. Ashley could have taken the telephone call later and the garbage certainly could have waited. Parents - keep on task when bathing a child. As you can see, it is very dangerous to multi task when bathing a child. You can read this story at Colorado Child Dies from Drowning As Father Takes Out Trash.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Children love playing pretend with toy guns. Unfortunately, a simple toy gun can be mistaken for a weapon which, in turn, can lead to dangerous and deadly consequences. In Palmdale, California, a deputy sheriff shot a 15 year old who was playing with a toy gun. Apparently, the child was playing "cops and robbers" and pointed the gun at a deputy sheriff / police officer. Since the toy resembled a real gun, the deputy responded by shooting the teenager.

An investigation will be conducted to determine if the police officer used an appropriate amount of force to respond to the situation. Young children and teenagers should be careful when playing with a toy gun. While the child may know the gun is a fake or a toy, others including police officers cannot always easily tell the difference. You can read more about this story at

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Posted In: California , Consumer Issues , Gun & Firearm Safety and Injuries , Homeowner's Insurance / Injuries at a Home , State Specific Articles

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

In a Georgia Court of Appeals decision on April 24, 2009, the Court reversed the trial court’s denial of a motion for summary judgment filed by the parents of a teenager who hosted a party at his parents’ home while the parents were out of town. The teenage boy held a party at his parents’ home while they were out of town for the weekend. The boy invited a friend who purchased methadone from another party guest. After consuming the methadone and alcohol, the friend died of methadone toxicity.

The parents of the teenage boy who hosted the party were sued by the dead boy’s mother. A motion for summary judgment was filed by the party host’s parents and was denied by the trial court. The Court of Appeals reversed the trial court, however. The court declined to impose a duty on parents to arrange for supervision of their teenagers while the parents are away from home. The Court held that the parents can only be held liable where the parent has taken some active part in the creation of the danger. Where the parents have not actively taken part in creating the danger, then they can only be held liable if the parent knew of a child’s propensity for the specific dangerous activity.

The Court held that in this case, the parents had no reason to know that their son had ever consumed methadone before and had no reason to anticipate that their son would host a party at their home in which another guest would illegally sell another person methadone or that the other guest would voluntarily ingest the methadone. The Georgia Court of Appeals in its reluctance to hold these parents liable attached no significance to the fact that these parents knew that their son had consumed alcohol and marijuana before, that their son had been caught by the police an unopened beer can in his vehicle, and that their son had indicated his intention of hosting a party in their home while the parents’ were out of town. See Tims v. Hasselberger, Georgia Court of Appeals A09A0035.

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

Family dogs are members of the family. Unfortunately, the family dog / family pet can sometimes be a very dangerous animal. In Eastpointe, Michigan, a Pit Bull Terrier mauled and killed a 1 year old boy. The father then killed the dog. The dog was shot with a handgun. The boy was taken to St. John Hospital where he was pronounced dead. Lt. Darrell Corsi stated that the incident would be investigated further.

Pit Bulls and other breeds appear frequently in the news regarding attacks on children and adults. The dog feels threatened or becomes aggressive and then attacks. Sometimes, there is no warning whatsoever to the attack. I would caution families with small children about getting a Pit Bull or other aggressive breeds. Speak to a Veternarian and do some research before putting your children in danger.

You can read more about this tragic attack in Eastpointe, Michigan at Pit Bull Fatally Mauls and Kills Michigan 1 Year Old.

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

Often in personal injury cases involving children, the defendant will claim that the child was contributorily negligent and his recovery is barred or must be reduced. In Georgia, children must exercise such care as his mental and physical capacities allow him to exercise in the actual circumstances of the occasion.

The Georgia Supreme Court has held that children age six and under are not capable of contributory negligence. With regard to children between the ages of seven and fourteen, however, the question of whether the child was contributorily negligent is for the jury to decide. The child’s ability to be contributorily negligent when he is between the ages of seven and fourteen will depend on the particular child’s mental and physical capacity. Children over the age of fourteen, however, are presumed to be capable of realizing danger and of exercising the necessary caution to avoid danger. Children over fourteen, therefore, must exercise the same degree of care as an adult.

A Georgia personal injury attorney specializing in injuries to children can advise you about how your child’s conduct might bar or reduce any recovery received for his injuries.

By Anthony Ferguson, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A two-year old Waterville, Maine boy suffered serious burns from a microwave oven fire at his home. It appears that the toddler placed nonmicrowaveable items such as a bottle of perfume and a metal fork into the microwave. A flash fire resulted when he started the microwave. The boy’s mother heard a pop and went downstairs to investigate. She found her son with clothing on fire. She patted the fire out. An ambulance transported the boy to Inland Hospital in Waterville. Once stabilized, he was flown to the Shriners Hospital for Children in Boston for further treatment of the personal injuries / burns suffered as a result of this fire.

You can read more about this story at Maine Toddler Suffered Burn Injuries from Microwave Fire.

This story shows the importance of child proofing the home and adult supervision of children. Household items like refrigerators, stoves, washing machines, dryers, and yes, microwaves pose hazards to children who do not understand or appreciate the associated dangers.

You can read more about the incident at Waterville Maine Child Suffers Burns and Personal Injuries From Microwave Fire.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Parents, teachers, caregivers, and day care and school administrators can better safeguard the living, play, and school space for children by installing important safety products like the Fingershield door hinge guard. This safety product is distributed through Fingershield Safety USA, a company based in St. Augustine (St. Johns County) Florida. I personally spoke to the CEO of the company, Geoff Moseley, a man committed to preventing finger and hand injuries to children. Mr. Moseley understands the dangers of unprotected door jams to small children. An important and inexpensive safety measure - the Fingershield door hinge guard - can help prevent these devastating and often times permanent disfiguring injuries. The Fingershield Safety USA web site even has video demonstrations showing the installation of the product.

The installation of the Fingershield door hinge guard by schools and day care centers will help show that the school / center is committed to the safety of children. Parents and caregivers should ask school administrators and owners about the door jam areas. What safety precautions have been put in place? Does the owner or administrator know about the Fingershield door hinge guard? If the owner or administrator knows about these safety products, why aren't the safety products in place? You can read more about the Fingershield door hinge guard at the Fingershield Safety USA Website.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Arizona and other cities throughout the United States, household appliances can be very dangerous to small children. What seems like a fun play area to an infant, toddler, or child can prove to be very dangerous or even deadly. The household appliance known as the dryer is not a playground or toy for a child. Once inside, a child can sustain serious personal injuries including head injuries. Parents and caregivers should keep children out of the laundry room and certainly out of the appliances. Some family members thought it was cute when the 1 year old was in the dryer. Again, the dryer is not a toy. For more information on this story, go to Arizona Man Accused of Putting Child in Dryer.

There was even a recent incident in California where a child died as a result of suffering head injuries after he crawled into a washing machine and a sibling turned it on. You can read about this story at California Girl Dies After Crawling Into Front Loading Washing Machine.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A government study reported that approximately 100 children died and 2000 were injured as a result of vehicle backover accidents in 2007. The study was released by the National Highway Traffic Safety Administration. The study was in response to a 2008 law that required the tracking of backover incidents, power window strangulations, and heat exposure injuries / deaths.

You can read more about this story and these statistics at Deaths and Injuries Resulting from Vehicle Backover Incidents.

It is important to gather data and statistics in order to determine the seriousness and frequency of these dangers to children. All drivers and parents should be aware of these statistics and safety measures to take to prevent one more child from being part of these troubling statistics.

By Benjamin A. Klopman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Washington D.C. and other areas, infant deaths from accidental strangulation and suffocation rose over a twenty year period between 1984 and 2004. These deaths resulted from a parent, adult or another child accidentally strangulating or suffocating the infant while sleeping in the same bed or area with the infant. Some families have the infant in bed because there are no other beds in the home for the infant or parent. Others do it out of habit, culture or tradition. Whatever the reason, many infants are the unfortunate victims of strangulation and suffocation incidents that can be easily avoided. You can read more about this study at Suffocation / Strangulation Deaths on the Rise According to Medical Study.

The rise in deaths have taken place in major metropolitan areas like Washington, D.C. According to the study, the risk for these accidental strangulation / suffocation deaths is highest in African American communities. Rachel Moon of the Children's National Medical Center serves as a spokesperson for the American Academy of Pediatrics. Moon states that these deaths have been on the rise and parents and others should be "worried" about the trend and statistics.

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

Lawsuits and insurance claims filed on behalf of children bitten by a dog are controlled by Georgia Code Section 51-2-7. This statute recognizes that the dog’s owner may be held liable for injuries caused by their dog where the owner has carelessly managed the dog or has allowed the dog to go at liberty. In order to recover, however, there must be evidence of the dog’s “vicious propensity” to cause injury. The dog’s vicious propensity to cause injury can be established by showing that the dog was required to be at heel or on a leash by a city or county ordinance and that at the time of the injury, the dog was not at heel or was not on a leash.

If there is not a violation of a leash law, however, the injured child must prove that the dog’s owner had knowledge of the dog’s vicious propensity. The Georgia Courts have generally described this as the “first bite rule,” but the rule does not literally require that the owner be aware that the dog bit someone before. Instead, the first bite rule requires that the dog owner have superior knowledge of his dog’s temperament. While the Georgia owner does not have to have knowledge of a previous bite by the dog, the owner must be aware of the dog’s propensity to cause the particular type of injury that was later suffered by the bitten child according to Georgia's Dog Bite Statute. Merely showing that the dog had a tendency to growl at people or children is insufficient. Showing that the dog had jumped on and attacked people with its mouth on prior occasions, however, is sufficient to place an owner on notice that a similar attack could occur. Georgia Courts continue to recognize this evidentiary burden as seen most recently in Custer v. Coward, 667 S.E.2d 135 (Ga. App. 2008).

Children, as well as adults, often suffer permanent personal injuries and scarring from dog bite incidents. Due to the evidentiary requirements set forth by Georgia law, it is helpful to consult with a Georgia personal injury lawyer / attorney to determine the rights of the dog bite victim.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Mission Viejo, California, a 4 year old girl (Kayley Ishii) died as a result of blunt force trauma. Kayley apparently climbed into a front loading washing machine. Thereafter, it is suspected that her toddler brother may have hit a start switch or button. Since the entry into the washing machine was only 20 inches from the floor and the start button was accessible to a young child as well, this tragedy took place.

The sale of residential front loading washing machines has been on the rise during the past few years. The new washing machines are sleek, come in nice colors, have many settings, and, yes, pose a danger of personal injury and death to small children.

Due to this tragedy and others that may happen, it would be helpful for front loading washing machines to come with a code function. In other words, for safety purposes, have the option of punching in some numbers to start the machine. Some machines may already come with this function. If not, it does not appear that it would take much effort on the part of the manufacturer to require this function.

You can read more about this tragic story at California Four Year Old Dies in Washing Machine.

By Brooks P. Lynn, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Dallas, Texas, 14 people ranging from newborns to adults were admitted to a local hospital for carbon monoxide poisoning. It is believed that a faulty space heater was the cause of the carbon monoxide poisoning. All injury victims from the Dallas, Texas home appeared to be conscious when exiting the home.

A faulty space heater is believed to be responsible for causing the leak. CBS 11 News crews reported smelling a thick odor in the air, but carbon monoxide is an odorless gas. It is possible that several things contributed to the leak.

Dallas Fire Rescue officials estimate that approximatley 150 people died in Texas between the years of 1994 and 2004. It is estimated that 500 people die annually from carbon monoxide poisoning.

Safety advocates recommend that people install carbon monoxide detectors in their homes. The devices cost approximately $20 and can help detect the presence of excessive amounts of carbon monoxide which is odorless. You can read more about this article at Dallas Texas Carbon Monoxide Leak Leads to 14 People Going to the Hospital.

By Thomas J. Duff, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Parents, Allen and Nichole Hansen, are mourning the deaths of four of their children who recently died in a house fire. Abigal Ziel (age 14), Megan Hansen (age 7), Tyler Hansen (age 8), and Haylee Hansen (age 3) all died in the fire in the Town of Greeley, Iowa. Their older teenage brother and another family escaped the fire.

Fire investigators are working to determine the cause of the fire that has left an emotional cloud over this community. It has been a tragic chapter in the history of this Iowa town. It also has been a time of bonding and good will for the Town of Greeley.

Even though we live in quite modern times with the advent of the Internet, Mobile Phone, and many great advances, towns like Greeley and big cities still must deal with serious injuries and death caused by fire and smoke inhalation. You can read more about this story at Iowa Mourners Remember Four Children Who Died in a House Fire.

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

Parents and homeowners in Georgia need to be cautious about serving alcohol at parties where minors may be in attendance. Under Georgia’s “Dram Shop” law, parents can be held liable for injuries caused by an underaged drinker who later causes an automobile accident. If the parent served the alcohol to the minor who the parent knew would soon be driving a car and the minor’s driving while intoxicated caused injury to a third person, the parent can be held liable for those injuries. If the drunk minor sustains injuries, however, the parent who provided the alcohol cannot be held liable for those injuries. Furthermore, if the drunk minor is killed in the car accident, his parents cannot recover for the wrongful death of their child against the adult who provided the alcohol. Howell v. Marks, 269 Ga. App. 147 (2004).

The laws and circumstances can be quite confusing depending on the facts of each case. As such, it makes sense to consult with a Child Injury Lawyer whenever a child is injured and alcohol has any involvement whatsoever with the injuries or death.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

I found a very helpful and resourceful site called www.kidsandcars.org dedicated to child safety and the prevention of injuries and death from non-traffic motor vehicle related incidents. "Non-traffic motor vehicle related incidents" - What is this referring to? It refers to any incident in which a child is injured or dies involving a vehicle that is not in an automobile accident or crash. This would include but not limited to the following:

a child being left in the car and exposed to the cold (hypothermia) or heat (hyperthermia);

a child being injured by a power window the the child plays with or malfunctions;

a child being choked or strangulated by a seat belt or other object in the vehicle; and

drive way injuries and deaths including back over injuries and deaths.

I recommend that you take a look at www.kidsandcars.org and get informed of the dangers of vehicles to children and what can be done to help prevent these injuries. Whether you are a parent or not, this resourceful web site and the many tips in it can help protect children from serious injuries and death resulting from non-traffic motor vehicle related incidents.

By Will Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Babysitting can be a dangerous job. Just ask Nathan Beavers who was shot by a 4 year old he was babysitting in Jackson, Ohio. The 4 year old Ohio boy got upset because the babysitter accidentally stepped on the foot of the 4 year old. Apparently, there was a shotgun that was accessible to the 4 year old and he shot the babysitter. While the wounds were described as minor in a news report, it is quite troubling that the 4 year old had access to the shot gun, a weapon that could certainly inflict serious bodily injuries and death upon a victim. You can read about this story at 4 Year Old Shoots Babysitter and Another Teen in Jackson, Ohio.

By David M. Baum, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Alex Angulo was one of thousands of children placed in a foster care by the Illinois Department of Children and Family Services. Recently, Alex was mauled to death by a family Rottweiler who was kept in the backyard. According to news report, the plan by the foster parent was to keep the dog outside and keep the child away from the dog. This poor plan obviously did not work and this child was mauled to death in the back yard while his caregiver was using a snow blower in the front yard. According to Cook County Public Guardian Robert Harris - the plan of keeping the dog away from the child was insufficient.

It appears that the ongoing presence of the dogs including the Rottweiler on the property posed a risks to small children like Alex. People become quite attached to their pets and they become part of the family; however, legally dogs are property and not legal family members in any sense. The health, safety, and well being of every child including those in foster care are paramount and superior to any desire to keep a pet. While the dog may have been confined to outside living arrangements, this was not enough to properly protect Alex from the real dangers of having a dangerous dog on the property. You can read more about the developments on this story at Chicago Illinois Department of Children and Family Services Knew that Child Lived with Rottweilers.

By David M. Baum, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A tragedy took place on the Southwest side of Chicago, Illinois when a 4 year old child (Alex Angulo) was mauled to death by the family's dog. The father was out front clearing out snow with a snow blower when the incident took place. It is believed that one of the family's Rottweilers mauled the child. A father's worst nightmare took place when the father found his child in the backyard following the mauling. Neighbors reported that the dogs were menacing and some were scared of the dogs. Animal control and the Illinois Department of Children and Family Services will conduct an investigation into the facts and circumstances surrounding the death of this child. You can read more about this article at ABC Channel 7 Chicago News - 4 Year Old Mauled to Death by Family Dog in Chicago, Illinois.

This story is tragic and shows the dangers of, yes, even the family pet. While Rottweilers get a lot of bad press for dog bite personal injuries on both adults and children, the breed alone does not determine if a dog bite incident will happen. Other details including physical environment, raising of the dog, and prior incidents of abuse and neglect of the dog also factor into the dog bite incidents. Remember that all dogs even the most tame and loving ones are animals and have built in instincts that can present a danger to children.

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

While Georgia’s Recreational Purpose Act is designed to encourage landowners to open up their property to the public for recreational purposes, the law has the effect of shielding landowners from liability for injuries caused by dangerous conditions on their land to children and other victims. This law permits landowners, including state and local governments, to maintain facilities with little regard for the safety of children using facilities such as parks and playgrounds. In a recent Georgia Court of Appeals case, a child was injured on a swing in a park owned by a Georgia city. The swing was installed on a hard surface rather than over a soft, resilient surface as recommended by the manufacture. Further, the city replaced certain parts on the swing with parts that were not recommended by the manufacturer and did not operate properly. Articles in local newspapers discussed dangerous conditions in the city’s parks, including the park where the child was injured. A lawsuit was brought against the city for the child’s injuries.

Under the Recreational Purpose Act, however, the Georgia Court of Appeals held that the city could only be liable for willful or malicious failure to guard or warn against a dangerous condition. In order to recover, the injured child had to show that the city had actual knowledge that the condition involved an unreasonable risk of harm to users. The court found that even though the city has instructions and warnings from the manufacturer about what type of parts to use on the swing was not sufficient to show actual knowledge of a dangerous condition on the part of the city. Because there was not sufficient evidence to establish the city’s actual knowledge, the city won and the child had no source of recovery for his injuries on the city’s dangerous equipment. Collins v. City of Summerville, 284 GA. App. 54 (2007).

Laws and cases like this set a dangerous precedent that does not promote the safety of children. Landowners should have some liability if a child is injured as a result of negligence. As you can see, the laws of Georgia and other States do not always favor the best interest or safety of the child.

By Anthony Ferguson, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

South Portland Maine firefighters found a mother and her young son unconscious in their apartment apparent victims of carbon monoxide poisoning. A propane heater used to keep warm after losing power during an ice storm is the presumed cause of the poisoning. Both mother and child initially received treatment at Maine Medical Center in Portland, Maine, but subsequently were transported to a Boston hospital for treatment. Three residents of a second apartment unit complained of headaches and received care at Maine Medical Center. You can read more about the incident at South Portland Maine Mother and Young Son Poisoned by Carbon Monoxide Poisoning.

Carbon monoxide is a poisonous, dangerous, tasteless, and odorless gas. It results from the incomplete burning of fuels that contain carbon such as fuel oil, gasoline, natural gas, kerosene, and wood. Early symptoms of carbon monoxide poisoning include headache, nausea, fatigue, vomiting, dizziness, and shortness of breath. Carbon monoxide poisoning can cause permanent brain damage, heart attack, and death. Infants and children are especially vulnerable to personal injury and wrongful death from carbon monoxide poisoning.

The risk of carbon monoxide poisoning increases in winter months especially during power outages when home residents use gasoline-powered generators and unvented space heaters to provide heat and electricity. A Center of Disease Control (CDC) study of the health effects of the January 1998 ice storm in Norway, Maine (population: 4738) found 101 case of carbon monoxide poisoning. The study is available at the CDC’s website - Incidents of Carbon Monoxide Poisoning.

Carbon monoxide detectors can provide warning of unsafe carbon monoxide levels, but based on a statewide study only 37% of Maine residents have a carbon monoxide detector. The results of the study and suggested ways to prevent carbon monoxide poisoning are available Steps and Precautions to Prevent Carbon Monoxide Poisoning.

By Anthony Ferguson, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

For decades, the United States Consumer Product Safety Commission (CPSC) has warned about the dangers of crib meshing. Between 1978 and 1985 when crib meshing was more common, CPSC records document 15 deaths. While deaths related to meshing have fallen over the years, about 50 babies die annually due to defectively designed cribs. Just two months ago, the CPSC announced the recall of 600,000 drop side cribs manufactured by Delta Enterprise Corp. after the death of an 8-month-old baby who suffocated when the drop side of his crib detached. The recall announcement is available at the CPSC’s website at Crib Recall - Delta Enterprises.

These are most troubling statistics. Even one death from an unsafe product is a tragedy. You can read another blog article about the death of a child from a crib mesh in Maine at 2 Year Old Strangled by Crib Mesh in Maine.

Every state including Maine has laws in place to protect consumers injured by defective products. Children can least protect themselves from unsafe products. While no award of damages can replace the life of a child, holding crib manufacturers accountably for defectively designed cribs that cause injury and death may result in safer cribs thus preventing similar tragedies.

By Anthony Ferguson, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

While visiting Vinalhaven, Maine with his parents for the holidays, 2-year-old Noah Thompson died from strangulation after he entangled himself in a mesh covering placed on top of his crib. According to Maine Department of Public Safety spokesman Stephen McCausland, the boy apparently stood up and became entangled in the netting when he stuck his head out between the netting and the edge of the crib. You can read more about this tragedy at 2 Year Old Strangled by Crib Mesh in Maine.

Unfortunately in many instances, tragedies and deaths like the one to Noah Thompson are the only things that effectuate change and safety measures by government agencies, manufacturers, and businesses. Before a product is put on the market, it should be thoroughly tested and studied to make sure that the safety of the child is placed as the most important factor. Safety should be given the highest priority over price, form, function, and aesthetics or the look of the product.

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

A lawsuit was filed recently against the Walt Disney Co. which provided a license for a bassinet manufactured by Simplicity, Inc. Kennedy Brotherton Jones died as a result of strangulation in the allegedly defective crib. The manufacturer, Simplicity, Inc. previously filed for bankruptcy. After Kennedy's death, the Consumer Product Safety Commission ordered a recall of these cribs as they represented a danger of serious injury and death to infants. Disney did not manufacture the crib and will defend the case on the argument that it only provided a license for its image which is far different than a guarantee of safety or workmanship. It will be interesting to see how the Courts handle the issue of licensor liability for defective consumer products.

By Scott Soutullo, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The State of Alabama has special laws in place pertaining to the liability of owners for dog bites. Children in Mobile, Birmingham and other Alabama cities and towns are especially at risk for serious injuries from dog bites to the size and strength of the child as compared to many medium and large sized dogs. Furthermore, many children lack the judgment and experience with dogs to know when there is danger lurking nearby. In Alabama, a dog owner is liable for damages / injuries caused by a dog bite when the incident takes place on the dog owner's property or when the dog chases a person off the property and pursues the victim of the dog bite. The Alabama dog bite statute is narrowly defined. Even if the dog owner is liable under the Alabama dog bite statute, the dog owner can still argue or file a pleading that the damages should be limited to actual damages (i.e. medical bills, loss of wages, and other economic damages) by alleging that the dog owner had no knowledge or reason to believe that the dog was dangerous. You can read through the dog bite statutes at the Code of Alabama - Dog Bite Statutes.

If a dog bite took place off the dog owner's property, then general negligence laws of the State of Alabama would apply to the situation or case. When the dog bite statute does not apply, the victim and his or her attorney must prove that the dog owner was negligent and had knowledge or reason to believe that the dog had dangerous propensities. There are many Alabama appellate cases that help define or explain the knowledge or reason to know of element of these type of dog bite cases.

Dog bites can result in serious personal injuries, deformities, scarring, and, in some cases, deaths of children and adults in the State of Alabama. As such, it is vital that dog owners maintain control of their dogs especially if there is any concern whatsoever that the dog poses of threat to children.

By Anthony Ferguson, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Wilton, Maine is a nice town that was incorporated in 1803. Unfortunately, this small town was the site of a tragic death of a 17 month old boy (Matteo Hanson) who died after a fall down a flight of stairs recently. Matteo was taken to Franklin Memorial Hospital in Farmington for emergency medical care. Tragically, Matteo was officially pronounced dead at the hospital. An autopsy is currently pending on the child.

This story shows the dangers of stairs to small children in any location whether it is an apartment complex, school, day care center, mall, business, or home. If children are present, it is important to have railings in place to prevent children from falling through. Parental and caregiver supervision is important as well.

It is uncertain at this time if any criminal or civil proceedings will result from the incident. Maine State Police are involved with the investigation.

You can read more about this story at the Sun Journal Web Site - Toddler Falls Down Stairs at Wilton Maine Apartment Complex.