New York Injury Lawyer Blog

Negligence often causes injuries to children in New York.

If you or someone you love has been injured because of the negligence of someone else, it is important to have an experienced New York injury attorney to represent your rights.

A recent case illustrates the complexities that can arise when placing our loved ones in the hands of a care facility. Davis v. Devereux Foundation, No. 066800 (N.J. S.Ct. Feb. 29, 2012). Roland Davis (plaintiff) was diagnosed with autism, mental retardation, attention hyperactivity disorder and pervasive developmental disorder. Because of this, plaintiff acquired a history of aggressive and combative behavior. Plaintiff required constant supervision and relied on a picture system for his communication. Plaintiff was placed in a non-profit care facility called Devereux Foundation (defendant or Devereux) by his mother when he was twelve years old.

Devereux was a New Jersey organization that cared for people with emotional, educational and developmental disabilities. It was a general practice of the facility to assign a residence counselor for each resident to make sure that the resident received care, supervision and assistance throughout the resident's daily schedule. These counselors documented the resident's progress and development. Because these counselors had such a critical role in resident treatment, Devereux conducted special screening, background checks, a physical evaluation, drug testing and fingerprinting. Devereux even required recommendation letters. This thorough screening process was conducted when they hired Charlene McClain (McClain) as a resident counselor.

McClain had been assigned to care for plaintiff and on several occasions when the plaintiff became aggressive with McClain. Plaintiff was said to have been stomping, kicking, screaming, spitting and occasionally involved in a physical altercation. Plaintiff attacked McClain and had to be pulled off of her and taken to his room. The next day, McClain was assigned to care for plaintiff. McClain warned up water in the microwave and threw it on plaintiff as he was getting out of bed, scalding him. After doing this, McClain instructed the plaintiff to get in the shower where she brought another counselor in to look at the burns on his pelvis, groin, lower abdomen and leg. The burns were so bad that the plaintiff was admitted to the hospital for six days for treatment and remained permanently scarred.

Plaintiff's mother saw the burns on the plaintiff and filed suit against McClain and Devereux. McClain later admitted that she brought the water to the plaintiff's room because she was going to use it if the plaintiff kicked her. She also confessed that she was "just mad" and threw the cup of water at the plaintiff without any provocation. McClain pled guilty to second-degree bias intimidation and third-degree aggravated assault and was sentenced to three years in prison. The problem in this case was surrounding Devereux's liability for breach of non-delegable duty to protect plaintiff. Plaintiff's mother argued that Devereux is guilty of negligent care, negligent supervision, wanton and willful disregard for the plaintiff's rights, and vicarious liability for the actions of McClain.

Plaintiff argued that Devereux had a duty to protect the plaintiff from harm and negligent care because the defendant was acting "in loco perentis." This means that the defendant had assumed parental liability for the care and treatment of plaintiff. However, by imposing a non-delegable duty this would create even a more heightened liability that was not justified by the nature of potential risks. The court notes that by holding an employer liable for unforeseeable intentional acts of an employee would discourage non-profit companies from opening.

because the plaintiff could not show that McCain's premeditated, unprovoked and unforeseeable violence was done to benefit Devereux, this court held that it would not accept the imposition of a non-delegable duty on Devereux.

Continue reading "New York Child Injuries Because of Negligence Discussed in Davis v. Devereux Foundation" »

According to NBC's Health Video, heat-related injuries in New York City and elsewhere in the area are completely preventable when taking the proper safety precautions.

If you're not careful through, serious injuries, including death, can result. One of the most vulnerable groups to these kinds of injuries are children. For the next few weeks, the National Highway Traffic Safety Administration (NHTSA) will be working to raise awareness about the risks of child injury and the risks for hyperthermia and heatstroke. The campaign, "Where's baby? Look before you lock," is helping to remind parents, caregivers, babysitters, daycare providers and others who transport children to look in the vehicle before getting out and pressing lock.

The campaign is working to make this a new habit of all childcare-providing adults.

There were nearly 50 children who died in these kinds of accidents in 2011, being left unattended in a motor vehicle. These kinds of accidents are the number one cause of non-crash, vehicle-related fatalities for kids who are 13-years-old and younger.

Our New York City injury attorneys understand that you may not think it feels that hot out, but you'd think differently if you were left in a stationary vehicle. Children face risks of heatstroke and hyperthermia even when cars are left on, the air conditioner is on full blast and the windows are down. You don't realize how hot it can be. This is why the new NHTSA campaign is working to get parents and childcare providers in the habit of checking the entire vehicle for children before getting out. May sound silly and you may think you can remember a kid in the car, but the truth is that it happens all the time. Now, kids are getting out of school, they'll be riding in vehicles more often and their risks will be much higher.

"It is hope that the simple tips from this campaign will save lives and help families avoid unnecessary heartache," said Transportation Secretary Ray LaHood.

Messages of this campaign will be popping up on radio and internet ads nationwide and will be advertising tool kits and local outreach programs designed to get parents into this habit.

According to David Strickland, NHTSA Administrator, these accidents can happen to anyone. No one's safe.

Tips to help prevent these kinds of accidents:

-Never leave a kid in a car unattended, regardless of how short of a time you plan on leaving them.

-Look in all seats before getting out of your vehicle.

-Place reminders near the driver's seat to remind you to check the vehicle.

-Keep important items in the back seat to force yourself to turn around before exiting the vehicle.

-Ask childcare providers to call you if your child doesn't show up when they're expected.

Continue reading "Injuries in New York City Increasing with Temps" »

Parenting is very challenging and there is no manual on how to be a good parent. When your child suffers a injury in New York, you need an experiencedNew York attorney to help protect your rights.

In Pace v. the State of Maryland, the critical question of duty is discussed. What are the obligations of your New York school to protect your child from eating foods they are allergic to?

In this case a Maryland court addresses the question of whether your child's school is responsible for making sure that lunch, which may contain food allergens, is not being served to children with food allergies. This question is a result of confusion as to whether there is a duty imposed on schools by their receipt of funds under the National School Lunch Act (NSLA).

It is very common for children to suffer from food allergies. In instances where your child does have these serious allergies, which can even be fatal, it is safer to prepare lunch for your children. This court clarified this point by stating that there is no responsibility to protect children with food allergies placed on anyone but the parents. You do not want your child to suffer injuries because of their exposure to food with allergens. Even if you speak to your children's school, the school has no duty to maintain a record of your children's food allergies nor do they have to make sure that your child does not ingest the food they are allergic to.

At least according to this Maryland court ruling.

Pace v. the State of Maryland arose when a child that had a food allergy to peanut butter went to school without a lunch or lunch money. This Maryland public elementary school had a policy of providing lunch to the children who did not have anything to eat. Pace testified that she knew of the school policy and informed the school of her daughter's food allergy in the beginning of the school year. The mother even went as far as to give the school nurse a dose of epinephrine, which could be dispensed to her daughter if she ever ingested any peanut products.

As is customary at many schools, one of the lunch options was a peanut butter and jelly sandwich. The plaintiff in this case was given this sandwich causing her to suffer from a life threatening attack, which resulted in her being rushed to the hospital in an ambulance. The child did not suffer serious physical injuries, but she suffered with post traumatic stress and increasing fear of attending school again.

Pace blamed the school for the symptoms her child was exhibiting, and she subsequently sued the State of Maryland through its several state and county educational departments ("Defendants"). Pace argued under the theory of negligence because she felt the Defendants had a statutory duty of care which they had breached.

Duty is a central issue in most New York personal injury cases. In order to bring a cause of action for negligence in New York, a plaintiff is required to clearly present four crucial components. The plaintiff must first show that the defendant had a specified duty of care, following which it must be proven that there was a clear breach of this duty by the defendant. Then, the plaintiff must prove that injuries to the plaintiff were directly and proximately caused by the defendant's breach. And lastly, the plaintiff must prove that there were damages that were a result of this breach.

The court in Pace dismissed the plaintiffs case because it was found that there was no duty created by the NSLA that would be imposed on the state. The court cited the public duty doctrine, which states that in instances where a duty could be imposed on the state by a statute or common law, a suit for breach of this duty is considered unenforceable. The court explained that the NSLA only responsibility was to provide subsidies to schools to help pay for the "credit lunches" they provide to students in need of school lunch. By taking this money and providing these lunches to students, the court held that the state was not agreeing to take on any other duties or responsibilities.

Therefore, the fact that Pace did warn the school of her child's food allergies is irrelevant because it was not within the schools responsibilities to protect these children from an possible allergies. The duty was not owed by the school before or after this notice was provided by the mother.

In this case, and in this court at least, the court ruled we are responsible for what our children eat. We must educate ourselves on the policies of our schools and take preventive steps in order to avoid injuries to our children.

Continue reading "New York Injury Watch: If Child Had Food Allergies, Pace v State of Maryland Says Pack Your Children's Lunch" »

The Bumbo Baby Sitter seat has become a mass-selling item for many new parents. However, some advocacy groups are demanding a recall of the product, claiming parents who place their children in it are risking a child injury on Long Island and elsewhere.

While those groups wait from a response from the federal Consumer Product Safety Commission, our Long Island child injury attorneys want to urge parents to practice extreme caution when using these seats - or maybe consider not using them at all.

A number of media reports are questioning the safety of the seat, when in the last 5 years, nearly 100 children were reported to have been injured after falling from the seat. Out of those, 45 had been placed on higher surface (such as a counter top or table), and 17 had a serious skull fracture. Another 50 of the infants were in the seat when it was placed on the floor. Of those, two had skull fractures and another had a concussion.

These injuries all occurred in the five years, following a voluntary recall in 2007 when it was determined the South African manufacturer didn't offer enough warning to parents about the dangers of placing the seat on a high surface. At that point, the seats had been on the market for four years. Now, warning labels are printed on the side of every seat. While a spokesman for the company says the a number of the recent injuries involve older seats, an even greater portion of them are reported to involve the newer seats.

Additionally, some media outlets are reporting that even on the newer seats, the warning labels might seem small or have come off.

As of right now, there aren't any federal safety standards for chairs that are made for children. Two parents in Texas, though, are suing the maker of the seat, after their child was injured after a fall.

The seats, which are made of foam and come in an array of bright colors, are popular with parents who want to give their children a chance to sit upright early on.

The company maintains that if the seat is used as intended, a fall from it wouldn't be any different than the typical bumps and bruises a child might incur while learning to crawl or sit or walk.

Some parents, though, tell a much different story.

One mother recalled she had placed her young daughter in the Bumbo seat, and put it on top of a picnic table, where she was feeding her. The infant toppled out, only narrowly escaping serious injury.

Another parent said his young son had to undergo brain surgery after falling from the seat. He was standing right next to his son at the time. The father said his son arched his back, and the Bumbo seat tiled backward, causing his son to fall. He had to be airlifted to a nearby hospital.

The child is recovering, his parents say, though it's not yet clear if he may suffer from a long-term traumatic brain injury.

Continue reading "Reports: Children Risk Injury in New York with Bumbo Seats" »

Alarmingly, about 75 percent of children are improperly buckled in their car seats every day. Although child car seats are one of the best defenses against child injury in Manhattan and elsewhere in the event of a traffic accident, many parents continue to put their kids at risk and fail to properly buckle in young ones. To help to get more parents to buckle in their children correctly during every car ride, the "Car Seat Safety For Kids" website has been launched by The Children's Hospital and the Center for Injury Research and Prevention (CIRP). This website is parents' one-stop shop to access all kinds of information regarding child passenger safety (CPS) information.

As we recently reported on our New York Injury Lawyer Blog, the American Academy of Pediatrics (AAP) released new child car seat recommendations last year. Parents were urged to review these new recommendations to help keep children safe while riding in a motor vehicle.

"CPS technicians loved the old videos but they were a little out of step with the 2011 recommendations," says Gina Duchossois, the Coordinator of Trauma Prevention.

The new website provides parents with a series of new video clips to help illustrate these new recommendations. Parents are also urged to visit a car seat inspection location in New York to make sure that your child's car seat if properly installed. There are 223 car seat inspection locations throughout the state of New York.

According to CIRP, this new website brings together practical experience and research expertise. With this new child-safety tool, more parents are expected to safely and correctly buckle in children during every car ride.

SafeKidsUSA.org reports that traffic-related accidents are the number one cause of death for our young ones ages 3- to 14-years-old. Child car seats that are installed correctly can reduce the risk of injury and death to your child in the event of a car accident by more than 70 percent. Recent statistics report that about half of all motorists under the age of 14 who are killed in car accidents are completely unrestrained.

There are a number of child seat check-up events in New York already scheduled for 2012. Parents are urged to check out these safety events to help ensure that their children are safe in their car seats and properly protected in the event of a motor-vehicle accident.

According to the National Highway Traffic Safety Administration (NHTSA), in 2009 there were more than 400 people under the age of 12 who were killed in car accidents while they were restrained. There were an additional 200 people in this young age group who were killed in car accidents during this time who were unrestrained. There were more than 50 additional deaths in which restraint status was unknown.

Continue reading "New Resources to Help Reduce Risks of Child Injury during Car Accidents in New York, Nation" »

A recent announcement by the U.S. Consumer Product Safety Commission (CPSC) suggests that toy shopping for little ones should be easier this year when it comes to worrying about safe products. It is the opinion of the agency that stronger safety rules for toy products are putting children less at risk of toy-related injuries in New York and nationwide.

Toy recalls may be down in fiscal year 2011 but our New York City defective toy product accident attorneys know that far too many children are still injured because not every toy on the market gets tested against federal standards. Toys placed on retailer shelves fall through the cracks far too frequently before a defect is detected and causes a child serious injury.

Several safeguards for toy manufacturers have been put into place recently. One safeguard is that lower lead content and lead paint limits have been established. The use of certain phthalates has been strictly limited. What used to be voluntary toy standards have now been converted into mandatory standards. Toys meant for children 12 and under are now required to have third-party testing and certification done on them. Lastly, stricter standards are being met with tracking shipments from other countries with the intent of seizing imported toys that are deemed dangerous.

As a result of these safeguards, there has been a significant decline in toy recalls since 2008. There were 34 toy recalls in fiscal year 2011, 46 toy recalls in 2010, 50 toy recalls in 2009 and 172 toy recalls in 2008.

Fewer recalls should translate to fewer toy-related deaths in small children. On the contrary, there were 17 toy-related fatalities for children 15 and under in 2010 compared to 15 reported deaths for the same age group in 2009. The majority of deaths are related to choking incidents with small balls or balloons.

The CPSC also recently reported that there were 181,500 toy-related injuries treated in hospital emergency rooms for children 15 and under in 2010. One thing hasn't changed, which is non-motorized scooters remain the leading cause of child injuries related to toys. Many children showed up at emergency rooms with cuts, contusions or abrasions to their head and face from a toy-related accident.

Consumer tips for toy gift shopping this holiday season:

-Never purchase balloons for children under 8 years old. Balloons cause a severe choking hazard for small children, especially when deflated or broken.

-Magnets are easy for small children to place in their mouth and cause them to choke or potentially die from swallowing. Stay away from toys or play sets containing small magnets.

-When purchasing a scooter, inline skates or skate board, don't forget to buy the helmet, elbow and knee pads that go with it.

-Children under 3 should never be given small balls or toys that can easily fit in their mouth.

Once gifts are open, parents should get rid of plastic wrapping, tissue paper or excess cardboard that gifts are wrapped in. Don't allow toys appropriate for certain age groups to be mixed or shared among siblings. Always supervise your children when they start playing with a new toy to reduce the risk of injury caused by a potential defective product.

Continue reading "Consumer Safety Commission Says Toys are Safer This Holiday Season" »

Parents often encourage their kids to play sports while growing up in order to build character, increase social skills, and learn valuable life lessons. A recent tragic accident in a grudge match high school football game has two parents reconsidering how safe it is to have children participate on a sports team. The grieving parents recently witnessed their son die from a sports-related traumatic brain injury at a New York high school football game.

The New York Times describes the situation as just another routine play at the goal-line -- one we have seen thousands of times at a high school football game. Only one young man did not get up from the pile like everyone else. The high school defensive tackle laid face down on the field, somewhat groggy but responsive when his coach and medical personnel reached him to give medical attention.

Shortly thereafter he began to moan, his eyes closed and when he tried to stand he quickly collapsed. Within two hours the 16-year-old football player was pronounced dead at University Hospital after suffering a cerebral hemorrhage according to the autopsy report. There is some speculation that helmet-to-helmet contact made in the prior play may have led to the head injury that took the athlete's life.

Manhattan traumatic brain injury lawyers know that cerebral hemorrhages and concussions are a serious concern for parents whose children participate in sports and youth activities. They can lead to more serious medical conditions.

A recent article in Reuters reports that traumatic brain injuries (TBI) in youth athletes have become more common in the last decade, rising 60 percent. This may not be so much that more injuries are occurring but rather more children are being taken to the emergency room for these injuries suffered while playing a sport. The Centers for Disease Control and Prevention (CDC) reported 153,375 TBI cases in 2001. Eight years later, the number of reported cases grew to more than 248,400. According to CDC, football, biking, playground activities, soccer and basketball are the most common sports activities reported to cause TBI accidents.

The CDC reported that over 70 percent of hospital emergency room visits are children ages 10-19 years-old. Girls were injured most by playing soccer, basketball or riding a bike while boys were mostly injured in football or biking activities.

Researchers believe that parents and coaches have become much more aware of TBI injuries which has likely contributed to the numerous emergency room visits taking place throughout the country. They are beginning to understand the dangers and severe consequences that affect a child's emotions, learning, memory and behavior that can result from these injuries.

CDC reports that of the 1.7 million people sustaining a TBI injury annually, 80 percent are treated and released from the emergency room the same day. TBI is a serious condition but if detected early enough, it can be treated to prevent life-changing or long-term effects.

The following are symptoms to look for if your child suffers a head injury in practice or a game:
-Athlete seems dazed or stunned after a forceful blow or jolt to the head or body.

-An athlete begins to move awkwardly, responds to questions slowly, demonstrates a sudden mood swing, and can't recall events prior or after being hit in the head.

-Athlete begins vomiting, complains of a headache and dizziness, can't concentrate, vision becomes blurred, or they have an increased sensitivity to noise or light.

Coaches or school administrators have an obligation to communicate to parents if they suspect a concussion or serious head injury has taken place and should take every precaution to prevent further damage to the young athlete's brain.

Continue reading "New York High School Football Player Dies from Sports-Related Head Injury" »

A recent fatal all-terrain vehicle accident in New York left a bride mourning the loss of her new husband on what should have been the happiest night of their lives.

USA Today reports the groom and his brother were riding tandem on the ATV shortly after the wedding reception. The vehicle struck a tree and the groom, who was not driving, was found pinned underneath the ATV which had flipped over. The groom was taken to New Milford Hospital, where he died from blunt force trauma to his abdomen, chest and head. Police officials investigating the accident have charged the brother with driving while intoxicated.

Queens accident attorneys know how devastated the family must be following what should have been a preventable death. Four-wheelers are big and powerful and can be every bit as dangerous as riding in a vehicle, especially when alcohol is involved. The accident will be a tainted reminder each anniversary of how operating a vehicle under the influence is dangerous and often has severe consequences.

In 2009, ATVSafety.gov reported 376 deaths caused by an ATV accident in the United States. There were also an estimated 132,000 injuries treated in an emergency room due to ATV accidents. New York reported 314 ATV-related fatalities from 1982 to 2006. Though data is still incomplete, it is estimated that 43 deaths occurred from ATV accidents from 2007-2009 in New York.

Many enjoy riding an ATV on trails or own a 4-wheeler for off-road use. Riders in New York should keep in mind the following state laws:

• Riding with two passengers is only permitted on ATV's that are meant for 2 people.


• ATVs must be operated with a head and taillight between the periods of a ½ hour after sunset through a ½ hour before sunrise.


• Children under age 10 are not permitted to drive or ride an ATV.


• Anyone between the ages of 10 to 15 is only permitted to drive an ATV on a parent's property. In addition, there must be adult supervision or the driver must have a safety training certificate in their possession to be permitted to drive.


• ATVs must be registered and renewed annually with the Department of Motor Vehicles.


• ATVs are not permitted on highways except to cross over a roadway.


• Passengers and operators of all ages must wear a helmet when riding on an ATV.

Even though taking a safety training course is not required in New York, riders are advised to enroll anyway. Proper training can teach riders how to operate, handle, and maintain their vehicle, which can all have a direct effect on riding safely. To find or enroll in an ATV safety course near you, click here. This website will give you everything you need to know before heading to class.

For more information about the 3 R's, (regulations, rules and recommendations) in New York, visit New York ATV Safety online.

Continue reading "ATV Accidents in New York Are Deadly When Operating Under the Influence" »

New York students will be headed back to school soon, so before summer ends is a good time for parents to review some school safety tips. Children spend most of their time at school from the end of August until the middle of June and emphasizing safety to your children can help keep child injuries at Manhattan schools at a minimum and give your children the time and energy needed to focus on their studies.

Children typically get transported to school one of three ways which include by bus, foot, or bicycle. The National Safety Council offers a back-to-school checklist for safety which is a good place for parents to start. Items on the checklist cover both transportation safety (walking, riding a bike or riding a bus) and school safety (playground safety).

New York school bus accident attorneys know that school accidents occur not only when children are riding to school or school-related events but also when they get on and off the bus. The National Highway Traffic Safety Administration reports that over 25 million students travel to school by bus in our country.

In 2005, there were 134 people killed and another 11,000 injured in school-bus related accidents. Injured victims in these accidents were comprised of school bus passengers, bus drivers, pedestrians, bicyclists, and occupants of other vehicles. For this reason, safety tips are provided not only for riding a bus to school but also for children who ride a bike or walk to school each day.

Tips for children who walk to school:

• Children 10 years or younger should always have an adult accompany them on their way to school, especially if the route requires crossing over roadways.


• Always look both ways before crossing a street, it doesn't hurt to double check before you step off the curb.


• Use sidewalks so motorists can see you.


• Never sneak out from behind a car to cross the street.

Tips for children who bicycle to school:

• Be aware and follow the rules of the road.
• When riding with other bikers, follow in a single line on the right side of the road.
• Try not to ride in the dark but if you do, ride with an adult and make sure bicycle pedals and wheels have reflectors to increase visibility.
• Beginner bicyclists are encouraged to practice before they hit the streets.

Tips for children who bus to school:

• When waiting for a bus to arrive, allow plenty of time and stand away from the curb until the bus comes to a complete stop and the driver puts flashing lights on.
• Always stay in front of the bus so the driver can see you.
• At a minimum, allow 10 feet where you cross the street in front of the bus and only after the driver has signaled it is clear.
• Always use quiet voices when riding the bus and keep your hands and feet inside your seating area.
• Stay seated until the bus comes to a complete stop before you exit. Use the hand rail as you leave the bus.
• Even after the driver has signaled it is ok to cross the street be alert for other vehicles before you step to the middle of the roadway.
• Always make yourself visible to the bus driver and other vehicles or bicycles nearby.

New York City Department of Transportation offers a Safe Routes to School Program which focuses on improving safety for children getting to and from school each day. The NYCDOT selects 135 schools with the most accident rates and works to improve safety with regard to sidewalks, crosswalks, traffic patterns and safer routes to school.

Check to see if your school has a school traffic safety map locator by visiting NYCDOT Safety Map Locator online.

Continue reading "Parents Concerned With Child Injuries For Kids Walking, Biking, Riding to School in Manhattan" »

New York City Injury Attorneys hope you and your family have a fun and enjoyable Fourth of July weekend.

And the best way to ensure fun is to be safe, especially on the roads. AAA estimates that 39 million people will be driving this holiday weekend, which is actually a drop from the 40 million or so who traveled 50 miles or more from home last year, USA Today reports.

While there may be fewer drivers on the roads than in 2010, 39 million is a large number of drivers. And, as we all know, the traffic never stops in New York City, holiday or not. More drivers means the potential for more car accidents in Queens and elsewhere in the city.

With people enjoying the holiday weekend, they may be more likely to drink alcohol. And despite ample public transportation options throughout the five boroughs, people will still get in their vehicles and drive drunk. In 2009, there were 321 alcohol-impaired driving fatalities, according to The Century Council, a non-profit group.

Distracted driving is a major cause of vehicle accidents, whether because of texting and driving, talking on a cell phone and driving, applying makeup, messing with the radio dial or other distractions. And in the city that never sleeps, pedestrian accidents in New York are always a concern.

But besides driving, there are other safety hazards this holiday weekend. While many people may not venture far from their homes, they may enjoy the warm weather swimming. Private and community swimming pools are prone to swimming pool accidents in Brooklyn and elsewhere.

Many children are injured each year in swimming pool accidents, which can range from slipping and falling, causing bruising or even broken bones, to drownings. According to the New York State Department of Health, there were 32 drownings reported in New York City between 1987 and 2007.

Some swimming pool tips from the American Academy of Pediatrics:

• Never leave your child alone in or near the pool
• Stay within an arm's length of a child under 5
• Separate your pool with a fence that locks
• Keep rescue equipment and a phone nearby

And be careful of fireworks this holiday weekend. While New York is one of four states nationwide that ban the sale of fireworks, many people drive across state lines (not New Jersey, because that's another of the four) to purchase personal fireworks. We would recommend going to a city sponsored display, but if you choose to use fireworks, take extra precautions in order to stay safe.

The Centers for Disease Control and Prevention report that nearly 7,000 people were injured and seven killed in 2008 in fireworks accidents. Fireworks accidents in New York can cause severe injuries, from burns to eye problems to brain injuries.

While they seem fun and harmless, these products can sometimes be defective and cause injuries. And with homes so close together in many parts of the city, they can injure others unintentionally as well.

Continue reading "New York City Injury Attorneys Wish You a Safe Fourth of July" »

It is probably the last thought on their minds but as the end of the school year nears, teens need to be reminded about traffic safety. No one wants their next road trip, the prom or summer vacation to end in a tragic car crash.

Our New York City personal injury lawyers know all about the shocking statistics associated with teen drivers, especially in the summer time.

The National Highway Traffic Safety Administration Fatality Analysis Reporting System (FARS) indicates the months of May through August are the most lethal of the year for teens ages 15 to 19. It is a sad reminder that nationally more teens die in a traffic crash than by any other means. In the summer time, on a daily basis roughly twice as many teens are killed in crashes than any other time of the year. It is clear that summer doesn't give teens a break when it comes to traffic accidents.

That is why May is designated as the National Youth Traffic Safety Month to kick off the summer reminding teens to be safe. Events, contests and promotions are held during May by the National Organizations for Youth Safety (NOYS) to urge teens to drive safely and emphasize the dangers out on the road.

Safe driving projects are taking place in local communities nationwide conducted by over 220 high school teams as part of the NOYS Act Out Loud contest. Teams are promoting anti-distracted driving campaigns with PSA's, school assemblies and creating music videos. They are also collecting X the TXT pledges which urge teens to put away the cell phones while driving. The winning team's local youth safety organization will get a cash prize of $10,000.

"There's no doubt that young people have the power to educate both their peers and adults about safe driving and safer roads," said NOYS Executive Director Sandy Spavone.

The winning Drive 2 Life Public Service Announcement was recently announced by the National Road Safety Foundation (NRSF) and NOYS. A 16-year old Arizona student won the first annual contest. She recently returned from New York where she got to assist with the making of her PSA that will air nationally during the month of May as part of National Youth Traffic Safety Month.

Continue reading "New York teens drive safely in May to honor National Youth Traffic Safety Month " »

New York City personal injury lawyers know teens are at high risk of being involved in serious or fatal car accidents. In fact, the National Highway Traffic Safety Administration reports car accidents are the leading cause of death for all young people ages 15 to 20.

And we frequently report on the issue on our New York Injury Lawyer Blog, But what is less often emphasized is that many victims of car accidents involving teenagers are just that -- innocent victims. In fact, the U.S. Department of Transportation reports teen drivers account for just one-third of the 181 people killed in accidents with young drivers. Another 120 victims were passengers in a teen's car, occupants of another vehicle or non-occupants, such as bicyclists or pedestrians.

Health News Digest reports a new study State Farm Insurance and Children's Hospital of Philadelphia report more than 681,000 people are involved in accidents with teenagers each year and more than 41,000 are seriously injured.

"When most people think about those affected by teen driver crashes, they think of the teens behind the wheel. We must also consider the significant impact of these crashes on other members of our communities: occupants of other vehicles, pedestrians, cyclists, and other road-users," says Dennis Durbin, a co-author of the report. "Whether or not we have a teen driver in our family, we should all care about this issue. This report provides a concrete way to measure the effectiveness of laws, education, and other programs in reducing teen crashes and their impact on communities."

Researchers found the most common driving behaviors leading to accident or injury among teens were drunk driving, failure to wear seat belts, distracted driving and speeding.

"Reducing speeding and alcohol use, increasing seat belt use, and eliminating distractions for teen drivers are the four calls-to-action we see in this report that would have great impact on reducing injuries and fatalities for all road users," says Dr. Durbin, who is also an emergency physician. "More than half of teens who were fatally injured in crashes were speeding, 40 percent had a positive blood alcohol level, more than half were not wearing seat belts, and 16 percent of teen drivers involved in fatal crashes were reported to have been distracted while driving."

Tragically, car accidents continue to kill more teens than homicide, suicide and cancer combined. Please speak to your teens often about the importance of making good driving decisions. Tell them to call for a ride before getting into a vehicle with an unsafe driver or a friend who has been drinking.

Continue reading "Teens not only victims of New York City car accidents involving young drivers" »

As a New York City car accident lawyer, I recently posted to my New York Injury Lawyer Blog a report encouraging parents to put in the extra hours when supervising teen drivers.

Research studies indicate the better prepared a teen is before getting behind the wheel alone, the less likely they are to be involved in a serious or fatal New York City car accident.

And it is no secret that car accidents are the leading cause of death among teens, claiming on average 3,000 young motorists aged 15 to 19 each year. Ford Motor Company would like to change that, and in 2003 formed a partnership with the Governors Highway Safety Association to create a mobile (and interactive) young driver education program that this year will reach 15 states. A high school in Albany, N.Y. is among them.

Now in its ninth year, Driving Skills for Life will reach out to young drivers at 30 high schools nationwide with curbside driving clinics, online training stations and public-service announcement contests that aim to raise teen awareness about the importance of safe driving. DSFL programming focuses on four key areas known to be responsible for more than 60 percent of teen car accidents: vehicle handling, recognizing hazards, distracted driving and speed/space management.

"Inexperience is the leading cause of crashes in young drivers, and this program delivers the key skill sets that will increase their knowledge, confidence and, ultimately, their safety," said Sue Cischke, group vice president, Sustainability, Environment and Safety Engineering. "Ford is passionate about helping young drivers learn the rules of the road, better manage distractions behind the wheel and help make America's roads safer for us all."

Last year, for the first time, students were asked to participate in an open competition to compose, perform and produce a song and video bearing a safe-driver message. Last year's national "Belt It Out" contest winners received $5,000 savings bonds. Second place earned $3,000 savings bonds and third place earned $1,000.

The GHSA reports the contest will be held again this year with applications being accepted between Feb. 1 and May 1, 2011. Winners will be announced in July.

Continue reading "Campaign seeks to Reduce Risk of New York Car Accidents among Teens" »

Parents of newborns have enough things to worry about without having to add consumer safety to the checklist. New York personal injury attorney Nicholas Rose is all too familiar with the dangers parents face when it comes to defective products used for their infants.

Crib safety has been a growing concern over the last few years. Last October, NJ.com reported a number of companies in the northeast were forced to recall drop-side cribs. The U.S. Consumer Product Safety finally took action after decades of infant injury and death in dropside cribs.

The CPSC is working with New York Presbyterian/Morgan Stanley Children's Hospital and American Academy of Pediatrics to get the word out to parents by issuing a "Safe Sleep for Babies" video to hospitals and doctors' offices. The video focuses on the risks of strangulation and entrapment in cribs. Educating parents, especially first time parents, is a good step in ensuring the safety of infants from serious injury or even fatality.

The CPSC is an excellent resource for parents when it comes to keeping their infants safe from consumer products. The CPSC provides updated information on recalls for products like cribs, play yards, and bassinets. Since 2007, there have been over 11 million of these infant products recalled.

The CPSC offers some simple rules that can assist in a better nights rest for the parent and infant:

-Keep cords or strings out of reach from the infant's crib in order to prevent strangulation.

-Create a safe sleep environment by not placing thick quilts or pillows in the crib. These kinds of items increase the chances of suffocation.

-Safety standards are constantly improving so parents should not use cribs older than 10 years, or cribs that are broken. Infants can suffer strangulation if the slots are too wide or need repaired.

-Most importantly, parents putting together cribs and play sets should follow the directions provided by the manufacturer. Ensuring that the product is assembled correctly is the best way to keep your child safe.

To reduce the risk of suffocation and sudden infant death syndrome for infants less than 12 months, the CPSC offers the following safety tips:

-Only use a fitted bottom sheet specifically made for crib use.

-Refrain from putting pillows, bumper pads, stuffed toys, or quilts in the crib with the infant.

-Use a firm tight fitting mattress in the crib.

-Place the infant on their back when putting them in the crib for a nap.

-Tightly secure all hardware used on the crib or for mattress support.

Continue reading "Defective cribs a tragic danger facing New York infants" »

During the holiday season and as the weather is changing it may be a good time to talk to your teen about the dangers of driving this time of year. Your biggest priority is to keep them safe but that may not always be the biggest priority of the teen. Cognitively teens don't always make the best decisions due to their driving inexperience. Our New York car accident attorneys want to urge parents to talk to their teens in an effort to help keep them safe..

New York State Department of Health reports that passenger vehicle accidents are the leading cause of death for teens ages 15-19. Each year approximately 73 teenagers in New York are killed in motor vehicle crashes with the most probable cause being speeding or driving too fast in adverse conditions. Teen are also prone to not using their seat belt.

New York is one of 10 states targeted by the National Safety Council for a new teen driver safety program. TheNSC is teaming up with the Allstate Foundation in an effort to reduce teen driver fatalities in passenger vehicle crashes. In 2009, there were about 3,500 teens killed in car accidents, not to mention thousands who were hospitalized to treat serious injury.

The goal of the program is to change teen behaviors and attitudes about driving. The goal is to form groups consisting of family members who have lost a teen, health professionals, state and local officials, teens and their parents, and others who will go out and talk to the public about teen crash stats and safety issues when driving. Education is the first step in making a change for the better.

New York parents who automatically set rules and limitations on their teen's driving often find themselves in a predicament because the teen wants to rebel against them which in turn could increase the chance of getting into an accident. The New York Department of Health offers a suggestion to parents. Once your teen passes their driver's test sit down with them and design an agreeable contract between you. In the contract you can state the limitations you feel are most important like driving with a teenage friend, or driving at night is prohibited. Make it clear to the teen that with time and experience the limitations will be removed. Most importantly, draw a clear line of the consequences if the rules are broken so that the teen understands that good driving behavior leads to good things but breaking the rules only sets them back farther.

Continue reading "New York teen driver safety awareness a good gift for the holidays" »