Articles Posted in Consumer Issues

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By David A. Wolf

Child Injury Lawyer Blog

House with Red Roof Personal InjuriesOne of the safest place for children should be the home.   As parents, we work tirelessly to provide for a clean and safe living environment for our children.  Other safe places for children should include schools, day care centers, child care centers, and summer camps.  Unfortunately for some children who are in some supposedly safe environments, serious injuries take place.  When a company manufacturers, distributes, and / or sells a household product, piece of furniture, or safety gate, the consumer should be able to justifiably rely on the quality of the product and the intended use and function of the product.   A recent recall of safety or child gates by IKEA is a prime example of a product that allegedly failed which, int turn, caused personal injuries to unsuspecting children.   The safety gate had a latch that apparently disengaged which, in turn, allowed the gate to open.   The safety gate was used in many homes to block off an area leading to or from stairs in a home.   Stairs can be extremely dangerous to infants, toddlers, and small children.   It should be noted that a products liability case like other types of personal injury cases involves four essential elements as follows:

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

vehicle%20rear%20view%20mirror%20%231.jpgHow old should a child be for placement in a front facing car seat? How long should a child be kept in a rear facing car seat? These are excellent questions. Research and study of children in automobile accidents over the years has led pediatricians to issue the recommendation that children ride in rear facing seats until the age of 2. This recommendation came from the American Academy of Pediatrics. It was reported that children under the age of 2 have a decreased probability of injury if they are placed in a rear facing seat. Unfortunately, car accidents are the primary or leading cause of death of children over the age of four. It is estimated that approximately 1500 children under the age of 16 die in automobile accidents every year in the United States.

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By David Wolf, Attorney
Published by Child Injury Lawyer Network

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Toddlers are at risk for choking incidents in homes and day care centers. Due to this real danger, parents, babysitters, teachers, day care providers, and child care workers should take precautions to remove items from the reach of children that may lead to a choking incident. Parents and caregivers should be super diligent in monitoring what a child eats, what is within reach of a child, and what toys are available and appropriate for a child. It is estimated that approximately 2.5 million children in the United States experience some type of choking episode or incident every year after consuming or swallowing a foreign object. Of these, medical researchers estimate that 2,000 deaths result every year. This is a staggering number considering that many such incidents are avoidable with proper supervision, consistency, and some common sense. One suggestion from medical experts is to do a “Toilet Paper Tube Test.” If an item can fit through a toilet paper tube, it is too small to be left within the reach of a child. Safety precautions and solid supervision can help prevent many choking incidents from taking place. This would certainly reduce the number of associated choking personal injuries to children. You can read more at Doctors Warn of Choking Hazards to Children.

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By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In the United States and other countries like Ireland, driveway accidents or back over accidents continue to be a problem and a serious danger to small children and toddlers. A doctor in Ireland is trying to raise awareness of this problem and has offered a solution of sorts through a campaign called “Spot a Tot”. One suggestion is to walk around the vehicle and check for any children in the area prior to getting in the car to back up out of the driveway. Drive way or back over accidents happen because a child, due to the child’s height and size, is hidden from the view of the driver as the driver is backing up. There have been a number of drive way or back over accidents leading to serious child personal injuries and even death. Take the time to “Spot a Tot”. A few extra seconds of safety can save a child from serious injuries and can even safe a life. See Drive Way / Back Over Accidents – Danger to Children – “Spot a Tot” Program.

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By David Wolf, Attorney
Published by Child Injury Lawyer Network

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Parents, caregivers, day care providers, teachers, babysitters, siblings, and other should pay attention to some simple but important advice – NEVER EVER SHAKEN A BABY. Babies and infants are very fragile. There brains and skulls are still developing. A person would not typically throw a television or glass to the floor. As such, why shake a baby? A television or glass can be replaced. A baby’s brain function, health, and welfare are not as easily fixed or replaced. Severe medical complications can and do result from Shaken Baby Syndrome. You can read more about this topic at Never, Never Shake a Baby. See also Shaken Baby Syndrome – Texas Man Alleged to Have Caused Injuries to Child.

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By Ryan E. Alekman, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

atv%20all%20terrain%20vehilce%20four%20wheeler%20front%20end%20in%20mud.jpgIn 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.

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By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Pennsylvania and other States, day care workers cannot withhold food or meals to children as a means of punishment or discipline. At the Middle Bucks Institute of Technology, two teachers were terminated from their day care positions at the day care center for withhold food or meals from a toddler. It was reported that the workers withheld the food because the toddler refused to clean up as instructed. The day care center reported this incident to the Pennsylvania Department of Welfare. It is important for day care and child care workers to follow the laws, procedures, and guidelines set forth by Pennsylvania law. The fact that there were no serious injuries that resulted from the conduct of the day care workers does not justify their actions. You can read more about this story at Pennsylvania Day Care Workers Dismissed from Their Positions.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

Country%20Flag%20Canada.jpgToys can provide a child with hours of fun play time. Toys can also present a choking or health hazard for children. Fisher Price is a major toy manufacturer and distributed. “Little People” has been a big success for the toy company for many years. Health Canada is advising parents to go through toy rooms and boxes to see if any pre-1991 “Little People” are located. The toys pre-1991 were and are small enough to create a serious choking hazard for small children. An article posted at The Vancouver Sun provides more details and a photograph comparing the older “Little People” versus the new and definitely improved “Little People”. The post 1991 “Little People” have a wider base and certainly would be more difficult to impossible for a child to swallow.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

Fire.jpgA startling statistic is that death rates are twice as high in homes without working fire alarms. SAFE Kids USA reports that over one hundred thousand kids are hurt every year in the US in fire and burn incidents. These incidents are also the the third leading cause of death for children under fourteen years old. In sixty six percent of the cases where a child was injured or died from a residential fire, the fire alarms either weren’t working or were simply never installed. Remarkably, statistics show that a working fire alarm reduces your chances of dying in a fire by fifty percent.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

Carseat.jpgThe Utah Highway Patrol reported recently that a three year old child was sent to the hospital in critical condition after she was ejected from an SUV in a rollover crash. According to officers at the scene, all other passengers in the car were wearing seatbelts, and were not thrown from the car; the child in a booster seat prior to the rollover accident.