North Carolina Personal Injury Lawyers Blog

When you or someone you love is injured because of the negligence of someone else, who can be held liable?

Our experienced Carolina injury attorneys understand that Carolina personal injury lawsuits can be confusing, and we are here to help you obtain the award you deserve.

Davis v. Devereux Foundation is a recent New Jersey case that deals with the duty owed by caregiver companies to their residents. This case involves a boy named Roland Davis (Davis or plaintiff) who was a resident of Devereux Foundation (defendant or Devereux). Plaintiff had been diagnosed with mental retardation, autism, persuasive development disorder and attention hyperactivity disorder.

Plaintiff had communication problems and relied on a picture system to communicate with others. He also had a pattern of aggressive and combative behavior which required him to need constant supervision. Plaintiff's mother placed him in a non-profit care facility called Devereux Foundation (defendant or Devereux).

Devereux was a care facility that had residents with emotional, educational and developmental disabilities. This facility assigned one residence counselor to every resident to assure that the resident is receiving assistance, supervision and care throughout the day. The residential counselors were responsible for keeping a record of resident's daily schedule and progress throughout the day.

This New Jersey non-profit company valued the care they gave to their residents. They installed a special screening for new resident counselors that included fingerprinting, drug testing, a physical evaluation, and a background check. Devereux also required recommendation letters for the special screening. When the defendant hired Charlene McClain (McClain) they conducted this thorough screening and found nothing that would give them a warning that McClain could injure a resident.

Devereux assigned McClain to care for plaintiff. Plaintiff did have a reputation for kicking, screaming, stomping, spitting, and initiating physical interactions with the staff. Plaintiff had attacked McClain two times. On the day after the second attack, McClain arrived at work and warmed up a glass of water in the microwave. She went into the room where the plaintiff was getting out of bed, and she threw the water onto the plaintiff's lap. In order to see if she had burned the plaintiff, McClain told plaintiff to get into the shower. Upon seeing the extensive burns on the plaintiff's lap, legs, groin and pelvis; McClain called in another residence counselor to help her determine what to do.

Plaintiff was sent to the hospital and he spent six days admitted for treatment. He suffered from serious burns and was left with permanent scares. Plaintiff's mother investigated as to the cause of these injuries, and subsequently sued McClain and Devereux.

McClain confessed to intentionally scalding the plaintiff. She said that she got the glass of boiling water to protect herself in the event that the plaintiff tried to attack her. McClain admitted that plaintiff did not attack her on that day and that she threw the boiling water on the plaintiff because she was angry about their prior altercations. McClain pled guilty to aggravated assault and was sentenced to three years in prison.

The problem in this case arose because plaintiff also sued Devereux. Plaintiff argued that because the facility stood "in loco parentis," they were responsible for a higher duty of care. Where a child or elderly person is being primarily cared for by a facility, the facility assumes liability for the care and treatment of the resident or patient. Plaintiff argued that a non-delegable duty should be imposed.

The court found that the defendant can be liable for the intentional acts of McClain, but the court held that because McClain's acts were not to further the defendant's business, the heightened liability standard could not be imposed.

Continue reading "Davis v. Devereux Discusses Vicarious Liability in Carolina Child Injury Cases" »

As we recently reported on our North Carolina Personal Injury Lawyers Blog, child car seats are a hot topic of debate for safety advocates nationwide. They've been dinged for poor safety ratings, recalls, design and usability.

It's commonly suggested that parents look into safety ratings and seat recommendations when buckling in small children. Some parents and guardians are saying that these car seats are too complicated though, and as a result are being installed incorrectly a majority of the time, according to The Wall Street Journal.

According to recent studies, many parents and caregivers are making mistakes when installing the devices, increasing the risks of injury for small children in the event of a car accident in Greenville and elsewhere.

Our Greenville car accident attorneys understand that most child car seats use the LATCH, Lower Anchors and Tethers for Children, system. This system is supposed to make installing these car seats relatively simple by using standard hardware, but recent research is proving otherwise. Researchers with the University of Michigan Transportation Research Institute (UMTRI) and the Insurance Institute for Highway Safety (IIHS) say that automakers aren't doing their job when it comes to making these car seats easier to use.

The recent study looked at more than 20 of the 100 top selling passenger vehicles from the 2010 and the 2011 model year. The latch setups on these vehicles were tested after a number of groups raised concerns about the lack of user-friendliness of some of these latch systems. They're just alarmingly difficult to buckle in, when buckles are even provided.

"Sometimes parents blame themselves when they struggle with latch, but oftentimes the problem lies with the vehicle, not the user," said the IISH senior vice president, Anne McCartt.

According to the study's results, anchors for these seats were only found in about 35 of the near 100 study vehicles. Only 7 of the near 100 have specific LATCH anchors in the middle of the second row of seats. That's where children are safest when riding in a motor vehicle and are best protected in the event of an accident. Less than 10 vehicles allowed the borrowing of anchors from neighboring seats. More than 80 of the vehicles had no anchors at all. Of the more than 20 SUVs and minivans with three rows of seating, about 10 of them had no lower anchors at all!

During the study, researchers also concluded that parents used these anchors correctly only 60 percent of the time. Tethers were used in less than 50 percent of the installations and were only used correctly about 54 percent of the time. In conclusion, researchers determined that guardians, caregivers and parents were only installing these seats correctly, with the proper angle, less than 15 percent of the time.

Continue reading "Child Injury in Greenville: Whose Fault?" »

Warm temperatures are creeping in and so are the risks associated with heat and child injuries in Asheville and elsewhere. For this reason, the National Highway Traffic Safety Administration (NHTSA) recently launched a brand new campaign to help parents, babysitters, guardians and daycares to keep kids safe when traveling in motor vehicles.

It's aiming to keep kids out of hot cars and to help prevent hyperthermia or heatstroke-related injuries. The new campaign, "Where's baby? Look before you lock" is a beneficial reminder to parents and caregivers nationwide to thoroughly check the car before getting out and hitting the lock.

Our Asheville injury attorneys understand that the latest weather report indicates we're going to see temps in the 70s for a little while longer. You may not think that's too hot, but you'd sure change your mind if you were locked inside a parked car.

Just last year, there were nearly 35 kids under the age of 14 who died because they were left inside a vehicle by a parent, guardian or caregiver. These tragedies can be prevented with just a few extra seconds to check the car before getting out every time.

"Everything we know about this terrible danger - and the majority of these cases are accidental tragedies that can strike even the most loving and conscientious parents," said David Strickland, the Administrator for the NHTSA.

Throughout the next few weeks, safety officials with the NHTSA will be launching a number of online ads featuring the campaign's slogan, "Where's baby? Look before you lock."

After the campaign, officials will be looking into the effectiveness of aftermarket products that were designed to help children from being unintentionally left in a parked car. The findings will be released later this summer.

Heatstroke and hyperthermia can have some lasting effects on victims. Some of these injuries include irreversible brain damage, loss of eyesight, loss of hearing and even death.

To avoid one of these potentially fatal accidents, parents and caregivers are urged to:

-Don't let your child sit alone in a car -- ever -- not even if you'll only be away for a minute. It doesn't even matter if the air conditioning is on full blast and the windows are rolled down. It's all dangerous!

-Before you get out of your car every time, be sure to look in all seats, front and back, before locking the vehicle and walking away.

-Talk with your child's daycare center or childcare provider and ask them to get a hold of you if your child doesn't show up when they're expected to.

-Do things in your car to remind yourself to look around before getting out. It's a simple idea to keep a purse, a phone, a briefcase or another important item in the back seat so that you have to turn around and look back there before you can leave and lock.

-Never let children play around cars.

-Keep your household's car keys out of sight and out of reach of children.

Continue reading "Child Injury in Asheville and Elsewhere Likely with High Temps" »

Every day, there are more and more recalls affecting the very products in our own homes. Oftentimes these recalls go unnoticed and the dangers continue to lurk in our households. A lot of these recalls warn us of some serious risks for child injury in Winston-Salem and elsewhere.

It's important for parents to stay on top of the latest recall product lists to help keep everyone safe in the household. A good way to stay up to date is to visit the U.S. Consumer Product Safety Commission's website and sign up for email or text message updates regarding the latest recalls. Staying in the know helps to keep your family safe!

One of the most recent recalls to make headlines across the U.S. was the recall of the Push 'N Snap Cabinet Locks that are imported by Dorel Juvenile Group (DJG) Inc. These locks don't do their jobs. While they're supposed to help keep small children out of cabinets and keep them away from dangerous and hazardous products, they're not holding up. They work by securing the handles or knobs of your cabinet to keep the doors shut and keep the items inside safely away from children, according to The Washington Post.

Our North Carolina defective product lawyers understand that parents rely on these kinds of products and locks to keep dangerous items away from children and pets. These dangerous and hazardous products include medications, household cleaners, etc. When these products get into the hands of children, results can be deadly. One of the most common results is poisonings. That's why us parents purchase these products and expect them to work!

Push 'N Snap Cabinet Locks:

-The items were sold at Bed, Bath & Beyond, online and retail stores nationwide from 2004 to 2012.

-They worked by wrapping around the knobs and the handles of cabinets to prevent children from opening them.

-The Safety 1st logo is embossed on the front of the lock.

-It's been proven that children can disengage the cabinet locks and can get into cabinets to potentially access to contents within.

-There have been 200 incidents reports filed.

-There have been nearly five reports of child poisonings.

At this time, we would like to remind parents about the dangers associated with hazardous products within the household and with accidental child poisonings. According to the National Safety Council (NSC), there are nearly 100,000 children every year who visit the emergency room because of accidental poisonings. Parents and guardians are urged to take the proper safety precautions and keep these items completely out of the reach of children. Talk to them about what each item is and how it's dangerous. Your supervision, preparation and responsibility can help to keep them safe.

Continue reading "Defective Product in South Carolina Increasing Risks of Unintentional Poisonings" »

There were roughly 1,500 kids under the age of 14-years-old who were killed in car accidents in Greenville and elsewhere in 2009. As a matter of fact, car accidents are the number one killer for this young age group. The deaths of these young ones in 2009 accounted for about 5 percent of the total number of traffic fatalities for the entire year. The prevention of these fatalities rely heavily on the car seats they're placed in and the way they're buckled it. That's all the parents' responsibility.

In addition to these young fatalities, there were nearly 200,000 who were injured in car accidents in the U.S. during 2009. According to the National Highway Traffic Safety Administration (NHTSA), there was an average of four fatalities and nearly 500 injuries that occurred every day within this young age group because of car accidents.

Our South Carolina car accident lawyers understand that many of these injuries and fatalities could have been prevented if parents had properly buckled in their children during every single car ride. To help make sure that all seats, including these new heavier-weight car seats, are doing their job, the NHTSA recently announced the addition of its new "10-year-old" crash dummy. This new kid dummy is going to better help researchers test the new wave of heavier-weight kid car seats, the seats that are designed for children between 65 and 80 pounds. It is also designed to help protect children up to 4 feet 9 inches.

"It's good news that manufacturers are making more car seats and boosters than ever before designed to keep older and heavier children safer on our roadways," said U.S. Department of Transportation (USDOT) Secretary Ray LaHood.

As the marketplace for child car seats continues to grow and expand, it's important for safety regulators to keep up. This new child dummy is the perfect answer, for right now, for testing these products. The NHTSA is already working on advancing this new kid dummy and making the testing more rigorous to keep kids safe in the event of an accident.

Parents are urged to check out these new child car seat recommendations from the NHTSA. These car seats are only effective if parents are willing to place kids in the proper seats and buckle them in correctly. Parents are the key in keeping these young ones safe. Parents and guardians are also urged to check out a child seat inspection location in South Carolina to make sure that their kid's seat is working for their child and that they're properly using it. Statistics estimate that about 70 percent of children are improperly buckled in every day.

Continue reading "Kids Better Protected in South Carolina Car Accidents with New NHTSA Dummy" »

Consumer safety groups and U.S. government officials are warning parents that the Bumbo Baby Sitter seat could lead to serious child injuries in North Carolina and in other areas of the country.

The popular foam seat has been cited in a number of reported child skull fractures and other injuries, though no official recall has been issued.

Our North Carolina child injury attorneys know that when you purchase a product for use by your infant or small child, you have an expectation that it will be safe. Unfortunately, we know that's not always the case.

A recent story by USA Today asked the question whether the Bumbo seat should be recalled for the second time, due to the increasing reports of head injuries.

The product was first recalled in 2007. At the time, the Consumer Product Safety Commission said it was a risk to have the seat on an elevated surface. Under that recall, the South African manufacturer placed a large warning label on the side of the seat, letting caregivers know that they weren't intended for use on raised surfaces, like tables or counters.

But now, five years later, the seat is connected to more than 30 skull fractures, including at least two that happened while it was being used on the floor.

The Bumbo seat is hugely popular, with more than 4 million having been sold across the country. The foam seats come in a variety of colors, and while some have trays that can be fitted across the top, there are no safety restraints. Manufacturers say it is supposed to allow children the ability to sit upright for the first time.

A spokesman with the company told USA Today that child restraints on the seat would create a false sense of security.

Last November, the safety products commission reported that it had known of at least 45 incidents in which a child fell out of the Bumbo seat, and that was since the recall. Of those children, 17 were babies ages 3 to 10 months who suffered serious head injuries.
While Bumbo seat executives say they are aware of nine injuries that happened while the seat was in use on the floor. Yet, they continue to maintain the seat is safe, while injuries continue to occur.

As USA Today pointed out, most of the recalls issued by the product safety commission didn't even involve any injuries or death. Here, we have evidence that a number of children have been hurt, and yet the product continues to stay on the market as is.
One mother who complained to the government agency about this fact reported that her baby had been right next to her on the floor when he fell out. Other parents, she said, should be aware of the dangers.

Nancy Cowles, a spokeswoman for Kids In Danger, a child consumer advocacy group, said while the number of injuries might seem small in comparison to the large number of these seats sold, consider if it was your child.

"In this case, with a skull fracture a possible outcome, it isn't worth the risk," she said.

Continue reading "Bumbo Baby Seat Users Risk Child Injury in North Carolina" »

After a recent school bus accident in Greenville, six students were taken to the hospital with numerous injuries. According to one witness, the accident was so bad, one student even passed out at the scene. The South Carolina Highway Patrol reports that the accident happened when the driver of a pickup truck crossed over the center line and ran head on into the Greenville County School District school bus in the opposite lane of traffic on West Georgia Road.

According to News Channel 7, rescue crews had to cut the pickup truck driver out of his vehicle and had to rush him to Greenville Memorial hospital via helicopter. Six students from Woodmont Middle School were taken to Hillcrest Hospital. A seventh student and the driver of the bus were taken to Greenville Memorial. The most recent updates regarding this accident state that the driver of the pickup truck has been charged with driving under the influence.

As we've recently reported on our North Carolina Personal Injury Lawyers Blog, traffic crashes involving school buses are oftentimes blamed on the bus driver. Unfortunately, in many other cases, they are the fault of other motorists. Just as we have to alter our driving habits around large trucks, drivers need to alter driving habits near buses. It's not just for our safety, but for the safety of students as well.

The American Safety Council is here to offer a few safety tips to help us when traveling around school buses. Drivers are encouraged to review these tips and to share them with the drivers in their family. We all need to work together to help to reduce the risks of serious accidents on our South Carolina roadways.

Safety Tips for Driving Around School Buses:

-Always stop for school buses when they are dropping off or picking up students. It's the law. Stop when following a bus that has activated its red or amber lights. When approaching a bus that is coming from the opposite direction with its lights on, you're required to stop if you're traveling on a two-lane road. On a four-lane (or bigger) road, you do not have to stop, but you should slow down and pass with caution.

-You may proceed when a school bus retracts its stop arm and stops its flashing lights.

-Don't cut off a bus when driving because these large vehicles have a tougher time stopping than the vehicles that you and I have.

-If you're caught for passing a school bus illegally, you can face a $1,000 fine and maybe even 30 days in jail for a first offense. You're also looking at six points on your driver's license.

-Remember that during periods of inclement weather, buses may be allowed to stop on the regular route at safe points nearest the house of each child. Still, buses are not permitted to leave regular routes. In poor weather, be ready for irregular stops.

-Never follow buses too closely.

-Drive slowly in all residential areas.

-Leave early for work in the morning so you're not forced to rush around school buses.

-Always drive with your headlights on so that children and bus drivers can see you.

Continue reading "Intoxicated Driver Slams into School Bus Head On in Greenville Car Accident" »

As our North Carolina personal injury lawyers recently reported, there is a whole new list of child car seat recommendations that were released by the National Highway Traffic Safety Administration (NHTSA). Even with these new child passenger safety (CPS) recommendations, your child's car seat may not be doing its job -- protecting your child.

The NHTSA recently announced that more than 14,000 Chaperone Infant Car Seats are being recalled. The car seats were sold in the United States and are being recalled because of a faulty harness adjuster. The recalls were originally announced by Britax Child Safety, Inc., the designer and manufacturer of those harnesses. The NHTSA deemed it necessary to pass along the word to help to prevent an unnecessary child injury in Asheville or elsewhere.

The NHTSA says that it has not been alerted about any injuries or deaths resulting from the defect, but it still warns the defect can result in ineffective safety harness straps and ultimately a useless child car seat.

Model Numbers Affected by the Recall:

-E9L692M

-E9L692L

-E9L692K

-E9L692J

The child car seats involved in this recall were sold from the 1st of September in 2010 through the 30th of April in 2011. The recall is intended to address seat rivets that are defective. These rivets connect the car seat and the harness adjuster. With the defect, the harness can come off of the child's car seat. With the straps virtually useless, the child isn't properly secured into the seat and faces extreme risks for injury or death in the event of a car accident.

Britax says that consumers who have one of these seats can contact the company or an authorized retailer to receive a free repair kit. This kit can be used to make sure the harness adjuster is properly attached.

If you have one of these seats, stop using it immediately and contact the company to fix the problem.

In addition to making sure your child's car seat is not defective and works properly, you're urged to take this time to make sure you've placed your child in the correct car seat.

It's recommended for children under the age of 4 to stay in a rear-facing child car seat. Only when your child has exceeded the height and weight limit for that particular seat should you graduate them to a forward-facing car seat. Children under the age of 8 need to stay in these forward-facing car seats. Once your child has outgrown the height and weight limitations for this car seat, you're urged to place them in a seat belt-protected booster seat in the back seat of the vehicle. While riding in a booster seat, make sure that the seat belt fits properly, across the upper thigh and the shoulder and the chest.

Continue reading "Recalled Child Seats Increasing Risks for Injury in Car Accidents in North Carolina and Elsewhere" »

Parents are strongly urged to visit the new "Car Seat Safety for Kids" website. This is a new, informational website that serves as a one-stop shop for all that parents need to know when traveling with a child. The new website was created to replace the "Keeping Kids Safe During Crashes" website.

The new website was created by researchers with the Kohl's Injury Prevention Program and The Children's Hospital of Philadelphia. It offers answers to all of your questions regarding child passenger safety (CPS) to help prevent child injury in the event of a car accident in North Carolina.

As we recently reported on our North Carolina Injury Lawyers Blog, a car accident critically injured a 7-year-old passenger. During the accident, both the driver and the child passenger were thrown from the SUV. The young passenger was sent to the hospital to be treated for severe injuries. The little one had to undergo surgery to repair her leg and also had to have both a feeding tube and a tracheotomy.

We would like to remind parents that car accidents are the top cause of death for those younger than 14. Parents should make sure their children are correctly buckled in during every car ride.

With the new website, "Car Seat Safety for Kids," parents will be offered newly-updated videos with the most recent car seat recommendations from the American Academy of Pediatrics (AAP).

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

Even though there are car safety seat or child restrain laws in all 50 states, car accidents continue to be the No. 1 cause of death for these young residents. It's unfortunate, because these types of accidents are often preventable.

According to AAP, there were nearly 600 children under the age of 5 who were killed while riding in a motor vehicle in 2000. About half of these children were unrestrained at the time of the accident. Many others were improperly restrained. It's important for parents to know which car seat is most beneficial for their child. Please visit the National Highway Traffic Safety Administration's (NHTSA) website for a simple breakdown of all of these car seat stage suggestions.

You may also want to check out one of the child car seat inspection locations in North Carolina to make sure that your child's seat is properly installed. Experts estimate that about 70 percent of all child seats are improperly used, putting children at extreme risks for injuries and death in the event of a car accident.

Continue reading "New Website to Help Reduce Risks of Child Injury in Car Accidents in North Carolina, Nation" »

Hickory injury lawyers want to remind pet owners to keep a watchful eye on their dogs during the holiday season to avoid a potential dog-bite accident. You may be having visitors coming and going this time of year that can cause a change in routine for your pet. Disruption can cause even the friendliest of dogs to become agitated or stressed, which can lead to serious injury when a dog attacks in Winston-Salem, Statesville or elsewhere in North Carolina.

American Humane Association reports there are an estimated 4.7 million dog bites annually in the U.S. Roughly 20 percent require a trip to the emergency room. Hands, arms, feet and legs are the most common areas to be bitten on an adult as evidenced in more than 70 percent of reported accidents. Children are more likely to be bit on the face, head or neck (65 percent) as these body parts are in close relation to a dog's mouth. Half of the dog bites that occur are to children under the age of 12 years-old. Alarmingly, 70 percent of deaths caused by a dog attack are children ages 9 and under. Newborns left unsupervised with a dog in the room are 370 times more likely to be killed by a pet.

Many pet owners have a misconception that their pets are so friendly that they would never hurt anyone, especially at home. What pet owners need to understand is that dogs are protective by nature, especially when it comes to family members or where they live. Almost 60 percent of dog bite fatalities occur on an owner's property compared to 24 percent off the owner's property when a dog is unrestrained. Almost two-thirds of bites occur when the victim is familiar with a dog on the victim's own property.

Dogs often give recognizable indicators when they become stressed. If you plan to have relatives or friends visit over the holidays, look for the following signs from your pet that they may have had too much excitement: yawning or constant licking of their chops, pacing, tail is tucked or moving stiff and swift like a rattle snake, hiding under furniture or behind your leg, intense staring towards a person, growling, fur is raised along their back or excessive barking.

Pet owners can reduce the risk of dog bite incidents this holiday season with the following dog bite prevention tips from doggonesafe:

-Keep your pet crated until visitors arrive and get settled in a seat.

-Instruct children not to approach your pet too quickly. Have them stand still and let the dog sniff them before they try to reach or pet the dog.

-Assign an adult to watch the pet for signs of stress. If the pet seems agitated or stressed, put them in a separate room or crate with their favorite chew toy or bone.

-Remind visitors not to feed the pet scraps from the table.

-Never permit visitors to bring their own pets to large gatherings, even if the dogs are familiar with each other.

-Make sure children and your pet are always supervised.

Continue reading "Supervise Pets at Holiday Gatherings to Reduce the Risk of Dog Bite Injuries in Winston-Salem, Statewide" »

Family, friends and co-workers are busy shopping at North Carolina malls and retail outlets in an effort to finish up last-minute gift purchases. Defective product accident attorneys in Greensboro, Charlotte and elsewhere want to remind shoppers to be cautious of what they buy because not all gifts are safe or hazard-free.

The U.S. Consumer Product Safety Commission (CPSC) recently announced that toys are safer due to more stringent manufacturing rules. But even though defective-toy recalls are down the last few years, child injuries and deaths still remain alarmingly high when it comes to toy-related accidents in North Carolina or elsewhere.

In 2010, 17 children under the age of 16 died in a toy-related accident in addition to another 181,500 kids who were injured badly enough to need immediate medical treatment. Parents and consumers should stay away from balloons, small balls and non-motorized scooters as they often put children at risk of choking hazards or fall accidents leading to serious injuries or death.

The CPSC has recently recalled several products for defects or safety hazards. Some of them include:

TXT golf cars, Cushman shuttle vehicles and Bad Boy off-road utility vehicles: manufactured by E-Z-GO, approximately 22,000 units have been sold. Drivers are at risk of losing control when the threaded end of the rack rod ball breaks and the ball joint becomes displaced. There have been 71 reported incidents of the ball joint breaking on these units. Products sold for $6,650 to $10,650 at Bad Boy and E-Z-GO dealers nationwide from February 2011 through July 2011.

Rocketfish Battery Case: approximately 31,000 units have been sold in the U.S. The battery case made for 3G/3GS iPhones is at risk of overheating while the phone is charging and can cause a fire. The CPSC has received seven reports of burn injuries or property damage while a phone covered with this product was recharging. The battery cases were sold exclusively at Best Buy stores and Future Shop or were available online between April 2010 and September 2011. The units range in price from $10 to $60. Consumers can receive a Best Buy gift card and instructions on how to return the unit by getting in touch with a local Best Buy store.

KEDS "Know It All" Girls Shoes: approximately 45,000 units have been sold from June through October 2011 at various online retailers or department stores for approximately $23 each. The shoes pose a laceration hazard when the ornamental stars on the heel loosen. There have been 27 reports of scratches or cuts caused by the metal stars coming loose. Girls in possession of these shoes should stop wearing them immediately and return them for a $30 gift card to be redeemed at Stride Rite stores.

More information about these recalls and many others is available online at CPSC.gov.

Continue reading "North Carolina Shoppers Can Check Consumer Group's Website for Defective, Recalled Products" »

Winston-Salem personal injury lawyers want to remind motorists to use extra caution as you back out of driveways or parking spots this time of year because little ones or elders may be difficult to see.

Back-over accidents in Charlotte, Asheville, Hickory or elsewhere can cause severe injury or even death when a young child or elderly person can't move out of the way quickly enough to avoid contact with a vehicle moving in reverse. Children playing in driveways at holiday gatherings or elders moving slowly through overcrowded parking lots are a common occurrence this time of year, so motorists should make sure the path is clear before putting their vehicle in gear.

Last December, we posted on our North Carolina Workers' Compensation Lawyers Blog that the U.S. Department of Transportation had plans to make it mandatory that all vehicles up to 10,000 pounds would have rear-mounted cameras or in-vehicle displays installed by 2014 in order to reduce the risk of back-over accidents nationwide.

The National Highway Traffic Safety Administration (NHTSA) reports there are almost 300 deaths and 18,000 injuries from back-over accidents on average per year. Small children and elders are the most at risk of these types of accidents because they often don't appear in a vehicle's blind spot and go undetected when a driver is attempting to drive in reverse.

A year later, rear-view camera regulations have made the headlines again. Bloomberg Businessweek reports the NHTSA had intended to announce a final rule by the end of the year on the standard installation of back-up cameras in passenger vehicles by 2014, but the government is receiving some flack and accusations of over-regulating from the automobile industry. It is estimated that the rear-view cameras could save as many as 146 lives a year but would cost automakers approximately $2.7 billion to install in 16 million vehicles annually. By their calculations, this works out to roughly $18.5 million per life saved.

One argument that industry leaders are making is the camera is not a "one size fits all" remedy. Meaning smaller cars have different expanded views than SUVs or pickup trucks and the height of a driver can also make a difference in determining a vehicle's blind spot. For example, an SUV can have a blind spot of almost 20 feet compared to a small coupe that sits low to the ground and may only present a 4-foot blind spot.

One thing motorists can do to reduce the risk of a back-over accident is to keep a watchful eye before backing out of crowded lots or driveways. The last thing you should do before getting in your vehicle is walk all the way around your vehicle to make sure there are no obstacles. Check the area around the rear of the vehicle to make sure no one is approaching or children aren't present. Once you start your engine, turn your head to look for passers-by and then slowly move the vehicle in reverse once you feel the coast is clear.

AAA Exchange reminds parents to teach their kids that driveways are not a playground. Parents should also keep children close in crowded parking lots by pushing them in a cart or holding their hand to reduce the risk of a back-over accident.

Continue reading "Children at Risk of Driveway or Parking Lot Back-over Accidents in Winston-Salem, Elsewhere" »

In 2010, the airshow industry celebrated its 100th year anniversary. But several tragedies this year have our Statesville injury lawyers concerned about the safety of performers and spectators alike. Airshow events can be breathtaking, but they have been proven to be fatal in recent months. Airshow organizers need to take every precaution during the planning, set-up and performance phases to ensure public and performer safety.

The Charlotte Observer reports that organizers of the upcoming Monroe airshow intend to do just that. With more than 100,000 spectators expected, organizers want to reduce the risk of injury at the North Carolina airshow event by being prepared, unlike other shows that have resulted in tragic events. Two people who performed in last year's Monroe airshow were killed at separate events in May and September. We are also reminded of the recent Reno event that killed a pilot and 10 spectators.

A 2010 airshow accident report indicates that last year was the worst safety year throughout the history of airshow events. The annual average of airshow accidents since 2001 has been 24, with the most accidents happening in 2010 with 31 reported incidents. In 2010, 84 people were injured or killed at airshows throughout the world. The United States reported the most number of accidents of any country at six. Loss of control was the most common factor leading to an airshow accident.

Spectator safety is becoming a growing concern in recent years. In 2010, there were a total of 48 spectators injured and one death at airshows worldwide. In addition, there were seven public injuries sustained by people not even in attendance at the show.

There are certain regulations that need to be followed in order to protect anyone viewing the show from getting hurt. One is clearly identifying a safe distance line in which spectators are not permitted to cross and should be policed if any attempt is made. A safety line doesn't help prevent injury when a pilot loses control of the plane but it can help in keeping injuries to a minimum if spectators stay in a designated area away from take-off and landing areas. Federal aviation officials must inspect the course and also the spectator viewing area before every airshow takes place. All pilots must also demonstrate their competence before they are allowed to participate in the show.

Naval Air Station Lemoore offers these tips for spectator safety:

-Stay alert. There is a lot of action taking place at airshows with large machinery and other dangerous objects that can cause severe injury.

-Avoid walking in the field area where planes are taking off, landing or performing stunts.

-Be careful where you walk. Trip hazards like aircraft tie-downs or tent ropes are a danger to spectators who don't see them.

-Airshows are loud, so be prepared by bringing earplugs.

-When you arrive at the show, search for the nearest emergency tent or medical treatment center so you know where it is, just in case.

-Look for posted signs that pertain to safety and follow the advice.

-Supervise small children at all times by keeping them close and not allowing them to touch displays.

Continue reading "North Carolina Airshows Present Risk of Injury for Specators, Perfomers" »

Winston-Salem personal injury attorneys know that parents spend a great deal of time concerned about their children's safety this time of year with all the festivals and Halloween activities throughout North Carolina.

As much fun as it is for kids to dress up in costume to go trick-or-treating, it is potentially an accident waiting to happen. Halloween poses several risks that could cause child injuries in Charlotte, Asheville and elsewhere. Injuries typical this time of year include being struck by a vehicle, eating candy that has been tampered with, wearing a defective costume, and trip-and-fall accidents.

Emergency rooms become crowded with children at Halloween due to head injuries from falls, puncture wounds from costume accessories, eye injuries from masks and burn injuries from flammable costumes. Parents can help protect their kids by choosing a safe costume for them to wear while trick-or-treating or attending a Halloween party.

The U.S. Consumer Product Safety Commission offers a safety alert to parents who are concerned about Halloween dangers. Don't let children eat candy or treats before you have a chance to examine. When you get ready to shop for costumes, make sure you look for the flame resistant tag on masks, wigs, beards and costumes. This won't guarantee that it won't catch fire but the product should resist burning and extinguish relatively quickly. When trick-or-treating, only choose homes that are familiar and that are well-lit. Children should use caution when approaching a home to reduce injury caused by lawn ornaments, cracked sidewalks, jack-o-lanterns with real flames, loose railings, or steps that are not properly secured.

Tips for choosing injury prevention costumes:

-Select a costume short enough that fall accidents and tripping hazards aren't a concern for children while walking.

-Pick bright costumes that can be seen by motorists. If a costume is dark, look for reflective tape on hems or seems that can make it more visible.

-Children should wear footwear that fits properly. Wearing inappropriate footwear can lead to broken bones or concussions caused by fall accidents.

-Choose costume accessories wisely. No sharp or hard objects should be used. Hats and scarves should be tied securely to reduce tripping hazards but not too tight to cause restriction of breathing or a strangulation hazard.

-Try using face paint rather than a wearing a mask that can obstruct vision or cause a choking hazard.

Parents should talk to their kids about the dangers of Halloween. The City of Winston-Salem offers these additional tips for safe trick-or-treating:

-Stay away from stranger danger. Only ring door bells or knock on doors of people you are familiar with. Never talk or get inside stranger's vehicle.

-An adult must accompany a child or group of children at all times. Never let them out of your sight.

-Instruct children not to take shortcuts while roaming through neighborhoods asking for candy.

-Only select candy or treats that are sealed in manufacturers' wrappers.

-Remind children to behave responsibly and no horse-play, especially around moving vehicles.

-Designate and instruct what time you want your child to return home.

Continue reading "Winston-Salem Parents Concerned About Halloween Costumes Causing Child Injuries in North Carolina" »

The stage collapse earlier this summer at the Indiana State Fair has our Asheville accident lawyers remembering how fast a tragic accident at a carnival or fair can severely affect the lives of 45 people in a split second. Though weather was a factor in the dismantling of the stage, the accident could have been avoided if the necessary safety precautions would have been taken to keep patrons safe during the anticipated storm.

Fair organizers and carnival event planners have a responsibility to protect the public from North Carolina fair and carnival injuries . Not only do they need to ensure a safe environment for everyone attending, they need to provide proper medical services in case an injury occurs. The first few minutes are often the most critical in determining the severity of an injury or what measures need to be taken to save a life.

Attending a state fair or local carnival is the highlight of late summer or early fall for some residents. So many things can cause an injury at these events, such as falling off a ride exhibit, getting trampled by an animal or getting hit by falling debris from faulty equipment -- to name a few. The recent deaths at the Reno Air Show are a prime example of how spectators weren't protected from a tragic event. Many were fortunate to avoid injury because the plane went down in front of the grandstands but several others were injured severely or lost their lives because of the defective airplane that crashed into the spectator viewing area.

The International Association of Amusement Parks and Attractions (IAAPA) reports there were roughly 280 million visitors at amusement facilities in 2009. Just like fairs and carnivals, these facilities need to protect patrons from faulty equipment, crowd control accidents, and defective safety mechanisms. In 2009, there were almost 1,100 ride-related injuries in which 65 were serious enough to require an overnight stay at a hospital or medical center.

Fair-goers at the South Carolina State Fair should be more protected this year than they have been in past years. The State reports that the fair purchased a $60,000 multi-camera system to anticipate any problems before they actually occur. The aerial-view camera surveillance will capture footage of the parking lot, fairgrounds, and perimeter of the fair 24 hours a day throughout the entire fair. The camera lenses have 360 turn and zoom capability which can cover all the gate entrances, major arteries and streets surrounding the fairgrounds.

Though fair representatives claim the cameras were purchased more for a means of crowd control, they are optimistic the 24-hour surveillance will help locate a child that is missing or an emergency situation that needs tending to immediately.

To protect you from personal injury, IAAPA offers these ride tips to fair-goers:
-Follow all weight, height and age restrictions placed on individual rides.
-Always keep legs, arms and head inside the ride while it is in motion.
-Read all ride safety rules that are posted near the ride entrance.
-Follow operator instructions or recorded announcements while on the ride.
-Report unsafe behavior or defective rides to the operator or manager.
-Always use safety belts or restraints.

Continue reading "Ride Injuries Common at North Carolina Fairs and Carnivals" »