North Carolina Injury Lawyer Blog

With almost 300 kids under age 5 drowning in pools and spas every year, it is important that spa owners and managers implement all the necessary safety precautions to prevent more North Carolina child drowning injuries and deaths from happening.

Safety initiatives that pool and spa owners and supervisors can take:

• Make sure that the pool is fenced in and that the barricade is high enough to prevent children from being able to climb over or open the gate without adult supervision.
• Don’t allow kids into a pool or spa without adult supervision.
• Install pool alarms just in case a child manages to enter the pool or spa area without supervision.
• Make sure that the person in charge of supervising the pool area is someone that knows how to swim and is actually paying attention to the kids that are in the pool.
• Install the new federally mandated pool and spa safety drains that are designed to prevent kids and adult from getting suctioned to the bottom of the pool or spa and drowning.

Drowning accidents are often fatal. Earlier this month in Raleigh, a 5-year-old boy drowned at the North Hills Club pool. Some 50 people were there attending a party at the time of the tragic North Carolina drowning accident and there were four lifeguards on duty.

According to police, the child went to the pool area with an aunt and uncle. He wandered to the adult pool while they stayed by the children’s pool. A swimmer saw the boy at the bottom of the pool. Lifeguards retrieved the him and they performed CPR while waiting for paramedics. The child was taken to WakeMed where he was pronounced dead.

In May, a Greensboro boy also died n a pool drowning accident. The tragic incident occurred in South Carolina. According to the coroner’s office in Myrtle Beach, Owaes Tabbakh was at the Beach Colony Resort when a lifeguard discovered him floating in a pool. The lifeguard performed CPR on him until paramedics arrived. Emergency workers were unable to revive the boy who was later pronounced dead.

In the event that an adult or child survives a North Carolina or South Carolina drowning accident, he or she may be left with permanent traumatic brain injuries. The drowning victim may require lifelong, round-the-clock, costly medical care.

Child drowns in North Hills Club pool, WRAL.com, June 10, 2009

4-year-old drowns in Myrtle Beach, CarolinaLive.com, May 29, 2009

Related Web Resources:
Pool and Spa Submersion: Estimated Injuries and Reported Fatalities, 2009 (PDF)

Virginia Graeme Baker Pool Spa and Safety Act (PDF)

PoolSafety.gov

Continue reading "North Carolina Premises Liability: Two Recent Child Drowning Accidents in Hotels Claim Lives" »

In Henderson County, a 16-year-old driver died on Tuesday when the vehicle he was driving went off the road and hit a tree. According to North Carolina Highway Police, Travis Sain was driving approximately 50mph in a 40mph zone. Another teenager who was riding in the car with him was transported to Mission Hospital.

This is the third teen motorist death in Western North Carolina already this year. On January 29, a 15-year-old passenger died in a single-vehicle crash that occurred close to Waynesville. The vehicle’s driver was the same age. Earlier in January, a 16-year-old driver died after he drove off the road and hit a tree close to Canton. The teen driver was reportedly driving nearly twice the speed limit in a 35 mph zone.

For the entire 2008, there were only four reports of fatalities involving teen drivers in this area. Speed was cited as a cause in two of those deadly North Carolina motor vehicle crashes.

The National Highway Traffic Safety Administration says that in 2007:

• 3,184 young drivers died in US motor vehicle crashes.
• 252,000 young drivers sustained injuries.
• 6,982 young drivers were involved in 55,681 deadly auto accidents.
• 1,631,000 young drivers were involved in traffic accidents that were reported to police.
• 31% of young drivers involved in deadly accidents lacked a valid driver’s license when the accident happened because of a license revocation or suspension.

While North Carolina law allows teenagers to get their driver’s license when they turn 16, this does not instantly make them good drivers. Learning how to drive properly and safely takes time and experience.

According to a study conducted by The Children’s Hospital of Philadelphia and Sponsored by the State Farm Mutual Automobile Insurance Company, the three most common risk factors for people ages 8 to 17 that can lead to motor vehicle deaths are riding with young drivers, riding without seat belts, and riding on fast speeding roads.

Henderson teen dies in traffic accident, Citizen-Times.com, February 5, 2009

Teen Drivers, Insurance Information Institute, January 2009

Related Web Resources:
2007 Young Driver Traffic Safety Facts, National Highway Traffic Safety Administration

North Carolina Teen Drivers Guide, DMV.org

Continue reading "Another Teenager Dies in North Carolina Traffic Accident" »

The World Health Organization has released its World Report on Child Injury Prevention. Among its findings is that motor vehicle deaths continue to be the leading cause of child fatalities. Almost a million children die around the globe annually because of accidental injuries, many of which are preventable.

The WHO Report's Leading Causes of Accidental Child Injuries:

1. Traffic Accidents: 260,000 kids a year are killed. 10 million others are injured. This is also the #1 cause of fatalities among children, ages 10-19. Motor vehicle crashes are also the #1 cause of child disabilities.

2. Drowning Accidents: While some 3 million children survive drowning accidents each year, about 175,000 others are killed. Many drowning accident survivors suffer from permanent brain damage.

3. Burn Accidents: 96,000 kids die each year from their burn injuries.

4. Fall Accidents: 47,000 youths die every year because they fell. Hundreds of thousands of children survive fall accidents, but with injuries.

5. Accidental Poisoning: Over 45,000 youths are killed annually because they ingested something that was poisonous.

The WHO’s Department of Injuries and Violence Prevention director, Dr. Etienne Krug, says that injuries become the number one cause of child deaths once a young person turns 9. In the US, these leading causes of child injuries and fatalities are also among the common causes for personal injury and wrongful death lawsuits involving injuries to minors.

If your son or daughter died in a North Carolina auto accident, bus crash, pedestrian accident, bus collision, train accident, premises liability accident, or fall accident, there are steps you can take to make sure that you hold the liable party responsible and that you get your child the medical care he or she needs to recover.

Injury Risks For Children Vary Around The World, Washington Post, December 23, 2008

Traffic Accidents Top Cause Of Fatal Child Injuries, NPR, December 10, 2008

Related Web Resources:

World Report on Child Injury Prevention Report, WHO (PDF)

CDC Childhood Injury Report, CDC

Continue reading "Motor Vehicle Accidents Continue to be the #1 Killer of Children, Says World Health Organization" »

In North Carolina, a 12-year-old Greensboro boy is in critical but stable condition after a drunk driver hit him last Tuesday afternoon. Drew Gardner and Taylor Rhynehardt were playing near a creek bed when a van, driven by Michael Charles Parks, rolled through a stop sign and drove through 40 yards of wood before striking Gardner and then crashing into a tree.

Gardner, who is at Baptist Hospital in Winston-Salem, sustained two collapsed lungs, eight fractured ribs, a broken collarbone, and skull fractures. He has been sedated and unconscious a majority of the time since the North Carolina auto accident.

Rhynehardt, who was not hit by the van, sustained less serious physical injuries when the tree broke and fell on him. However, he told a local TV news program last week that he has not been able to close his eyes without reliving the accident.

Greensboro police have charged Parks with driving with a revoked license and driving while impaired. They say more charges are likely. However, the 40-year-old has not been arrested for his involvement in the crash.

This is not Parks’s first DWI offense. He has one prior DWI conviction, while two other DWI charges that were dismissed.

NHTSA 2007 Children and Traffic Accident Facts
• 200,000 children, age 14 and under, were injured in motor vehicle crashes last year.
• 245 of the 1,670 kids in this age group were injured in drunk driving accidents.
• 306 children, age 14 and under, died in pedestrian accidents in 2007.
• 14,000 kids sustained pedestrian-related injuries.
• In North Carolina, 54 child pedestrians, age 14 and younger, died in traffic accidents.

If your son or daughter was seriously injured in a North Carolina or South Carolina traffic accident, you and your family may be able to file a personal injury lawsuit against the negligent party.

Boy hit by van is critical but stable, News-Record.com, November 15, 2008

Other Boy Injured In DWI Crash Speaks Out, Digitriad.com, November 11, 2008

Children, 2007 Traffic Safety Facts, NHTSA

Related Web Resource:

2007 Traffic Safety Annual Assessment -- Alcohol-Impaired Driving Fatalities, NHTSA, (PDF)

Continue reading "12-Year-Old North Carolina Boy is in Critical Condition Following Greensboro Drunk Driver Accident" »

The Cleveland, North Carolina mother of a 6-year-old boy who died in an electrocution accident last March is suing EnergyUnited for his wrongful death. Deborah Kenemore filed her North Carolina wrongful death lawsuit against the power company earlier this month in Rowan County.

In her suit, Kenemore claims that her son Nathan died after coming into contact with an uninsulated high-voltage power line while climbing a tree in a neighbor’s backyard. The power line was carrying 7,200 volts of electricity.

Kenemore contends that, under the National Electrical Safety Code and the electric company’s own policies, EnergyUnited failed in its responsibility to prune the tree or put into place other protective measures (such as issuing a warning that the power line posed an electrical hazard) so that no one would get hurt. The white pine tree was 14 feet taller than the uninsulated electrical line and, based on EnergyUnited’s own pruning schedule, was six years overdue on being cut back. Kenemore's suit notes that the tree and power line were easily visible to electric company workers that visited the property every month to read the electric meter.

Her North Carolina wrongful death lawsuit also says that around 7pm on March 27, Nathan became unresponsive after climbing the tree and stayed there even after Kenemore screamed for him to respond and tried to revive him herself. An ambulance transported Nathan to Davis Regional Medical Center where he was declared dead at around 8:03 pm. Electrocution was listed as the cause of death.

Kenemore is seeking punitive damages from the electrical company for her son's wrongful death, as well as compensation for “negligent infliction of emotional distress.”

Electric Shock Facts
• About 1,000 deaths a year are caused by electrocution.
• Electrical shock occurs when electrical current runs through the body.
• Examples of injuries from electrical shock include thermal burns, cardiac arrest, tissue, nerve, and muscle damage, and death.

Mother sues EnergyUnited after boy electrocuted, CharlotteObserver.com, September 18, 2008

Power company sued in death of 6-year-old, SalisburyPost.com, September 17, 2008

Related Web Resources:

EnergyUnited

National Electrical Safety Code Zone

The Official Journal of the American Academy of Neurology is reporting that results from a small study indicate that topiramate, a drug used to treat epilepsy, may increase the chances of a newborn sustaining a birth defect if a pregnant mother takes the drug.

The test involved 203 women that became pregnant while using topiramate. Of the 178 newborns, 16 of them had major birth defects. Four of the babies had cleft lips or cleft palates. Four of the male infants were born with genital birth defects.

The rate of birth defects among newborns whose mothers took topiramate was higher than for the rest of the population. More birth defects also occurred in newborns whose mothers took both topiramate and valproate (another epilepsy drug) and women who took topiramate in conjunction with other epilepsy drugs.

However, Andres Kanner, the associate director of the Epilepsy Center at the Rush University Medical Center in Chicago, says the chances that a pregnant women will have a baby with a birth defect is dependent on numerous factors, some of which were not part of this study. John Craig, the lead researcher of the study, says that additional research must be performed to confirm the results but that doctors and women that are (or are considering) getting pregnant and get migraines or have epilepsy need to be warned about the potential risks that could result from using the medication. The anti-seizure drug (Topamax is the brand name) is used to treat epilepsy and migraine headaches.

According to the Center for Disease Control and Prevention, birth defects are the number one cause of infant fatalities. Causes of birth defects include:

• Dangerous drugs
• Alcohol
• Exposure to certain environmental chemicals
• Exposure to high levels of radiations
• Birthing malpractice
• Genetics

Epilepsy Drug May Boost Birth Defect Risk, WashingtonPost.com, July 21, 2008

Epilepsy drug linked to greater birth-defect risk, USA Today, July 25, 2008

Birth Defects, HealthAtoZ.com

Related Web Resources:

Topamax

Topiramate, MedLinePlus

Birth Defects, CDC

Official Journal of the American Academy of Neurology

Continue reading "Epilepsy Drug Topiramate May Increase Risk of Birth Defects" »

In Hillsborough, North Carolina, town members are trying to raise funds for Khari Clark-Hester, a 6-year-old girl who is paralyzed from the waist down after she suffered spinal cord and brain injuries during an auto crash on April 10.

Khari sustained these catastrophic injuries when the passenger side of the car she was riding in was hit by a pickup truck. Khari spent several weeks in intensive care at NC Children’s Hospital and was later moved to a rehabilitation center. Her mother and 2-year-old sister were also involved in the crash but are now both fine. Khari needs money to pay for a medical car seat, a wheelchair ramp outside their house, and other medical costs.

In North Carolina and South Carolina, our catastrophic injury lawyers can help you or your injured family member recover personal injury compensation from the negligent party to cover your losses and damages. Catastrophic injuries are often life changing accidents, and living with a TBI or an SCI can be very expensive.

Traumatic Brain Injury
A sudden trauma to the brain can cause a traumatic brain injury. While a mild TBI can result in temporary unconsciousness, headaches, dizziness, or blurred vision, a more person with a serious TBI may experience convulsions, seizures, permanent brain damage, or fall into a coma or brain death.

Spinal Cord Injuries
A severe blow that dislocates or fractures the spine can lead to a spinal cord injury. An SCI patient may experience loss of sensation, sexual dysfunction, respiratory problems, loss of movement, including paralysis, and other serious health problems.

Our North Carolina auto accident lawyers know how to prove that a negligent motorist or another liable party caused your catastrophic injuries. We will zealously pursue your recovery. Our personal injury lawyers have successfully obtained compensation for the families of minors seriously injured in auto crashes.

Community unites to help accident victim, The Daily Tar Heel, June 12, 2008

Town rallies for injured girl, The Chapel Hill News

Related Web Resources:

Spinal cord injury, MayoClinic

Traumatic Brain Injury

Continue reading "6-Year-Old North Carolina Girl Paralyzed in Car Crash Is Center of Local Fundraising Efforts" »

In Selma, North Carolina, approximately three dozen students sustained minor injuries on Wednesday in a bus accident on Highway 96. The school children were taken to local hospitals following the multi-bus accident.

Three school buses were involved in the motor vehicle collision, in which one bus rear-ended another. The driver of one of the buses sustained neck injuries. A parent of one of the children experienced a panic attack and also had to be taken to a hospital.

The school buses had come from Selma Middle School and Selma Elementary School.

Every day, more than 23 million elementary, middle school, and high school children ride school buses to and from school. At least 17,000 kids are injured in school bus accidents each year.

School bus drivers and the schools and bus companies that employ them are required to exert a reasonable duty of care to make sure that children who ride the buses are transported safely to and from school. If their failure to exercise this reasonable care causes a student on the bus or a student getting on/off the bus or walking near the bus to become injured, the bus driver, the school, and/or the bus company may be held liable for personal injury.

Bus accidents can result in serious injuries, including abrasions, internal injuries, burns, broken bones, traumatic brain injuries, spinal cord injuries, and death.

Common kinds of injury accidents involving school buses include a bus colliding with another motor vehicle, a bus striking a pedestrian, a student sustaining injuries while getting on and off the bus, and bus rollovers. Causes of driver negligence can include speeding, carelessness, not paying proper attention (including talking on the cell phone or text messaging while driving), reckless driving, and drunk driving. The school or bus company’s hiring of unqualified bus driver and improper maintenance of the bus can also lead to bus crashes.

If your child was injured or killed in a bus accident in North Carolina or South Carolina, you should speak with a personal injury attorney who is experienced in dealing with bus accident cases.

Bus wreck injures students, News & Observer, November 9, 2007

27 kids injured in school bus crash, News14.com/AP, November 7, 2007

School bus injuries much higher than thought, MSNBC.com/AP, November 6, 2006

Related Web Resource:

School Bus Fatalities and Injuries, NCSBS.com

Continue reading "Dozens of North Carolina School Kids are Injured When School Buses Collide" »

Two young boys were thrown from a van in South Charlotte, North Carolina on Friday when the van collided with a car. Police say that the boys, two brothers ages 7 and 6, were not buckled in properly by the driver of the van that was hired by Charlotte-Mecklenberg School to transport the boys to and from school. The police also think that the driver could have been speeding.

Gavin, 6, had to undergo facial surgery.

Statistics show that seatbelts save many lives and prevent many others from suffering from serious injuries in motor vehicle crashes. Over 63% of people killed in motor vehicle collisions were not using seatbelts.

In North Carolina, any child younger than 8 years of age and weighing under 80 pounds has to wear a child restraint device that must be properly buckled. The CRD must meet federal standards of safety at the time it was manufactured.

Under the NC Child Passenger Safety Law, the driver of a motor vehicle is responsible for ensuring that a child younger than 16 is properly buckled up. Failure to do so can lead to penalties and personal injury liability if a child is injured or killed because he or she was not properly restrained.

Not only must children be buckled up, but their seatbelts must be secured properly.

• Children under 20 lbs and under age 1 should be placed in a rear-facing CRD.
• Children 1-4 years of age and weighing between 20-40 lbs should be placed in a forward-facing car seat.
• Children should not wear a regular seatbelt until they are the proper weight and age.
• Children 5-8 years of age should use a booster seat.
• Children 9-12 years of age can use a regular seatbelt. It is highly recommended that they sit in the backseat of a car.

Not properly restraining a child could result in the child sustaining serious injuries or dying.

Child Severely Injured After Being Thrown from a Van, WBTV.com, October 30, 2007

Buckling Up Is Not Enough To Protect Children In Auto Accidents; Seat Belts And Child Safety Seats Must Be Used Properly, Science Daily, June 8, 1999

Child Passenger Safety Law, Buckleupnc.org

Related Web Resources:

National Child Passenger Safety Board

Continue reading "6-Year-Old Thrown From Van In Charlotte, North Carolina Sustains Serious Injuries " »

The Consumer Product Safety Commission announced on Friday that Simplicity is recalling 1 million cribs, some of them with the Graco label, after reports that three infants had become trapped, suffocated, and died in their defective cribs.

Reported deaths attributed to the cribs include:

• 9-month-old Liam Johns who died in a faulty crib in 2005.
• 6-month-old Edward Millwood who died in a Simplicity crib in November 2006.
• A 1-year-old died in a newer model that has not been recalled but is under investigation.

All three children were in cribs that had drop-rail sides that had been installed upside down. The error left a gap in the cribs where a child could fall into and suffocate.

At least seven other infants have gotten trapped in defective cribs. 55 incidents have been reported where the drop sides came off or did not hold to the cribs’ sides.

An attorney for Liam Johns said that it took the Consumer Product Safety Commission more than two years to respond to the complaint that the infant had died from a faulty crib.

Simplicity Inc. is the manufacturer of the cribs, all of which were made in China. This is the second largest crib recall since 1972. In another crib recall last June, the CPSC recalled 40,000 Nursery-in-a-Box cribs, also made by Simplicity. The recall was issued because the assembly instructions were incorrect.

The American Academy of Pediatrics offers the following tips on choosing a crib and ensuring that it is safe for use:

• Look for Juvenile Product Manufacturers Association (JPMA) certification.
• The slats should be no more than 2-3/8 inches apart. Widely spaced slats can trap an infant's head.
• All joints and parts should fit tightly, and the wood must be smooth and free of splinters.
• Check for cracked and peeling paint. All surfaces should be covered with lead-free paint safe for nursery furniture.
• The end panels should be solid, without decorative cutouts. Cutout areas on panels can trap an infant's head.
• Corner posts should be flush with the end panels or else be very, very tall (such as posts on a canopy bed). Clothing and ribbons can catch on tall corner posts and strangle an infant.
• The lowered crib sides should be at least 9 inches above the mattress support to prevent the infant from falling out. Raised crib sides should be at least 26 inches above the mattress support in its lowest position.
• The drop sides should have a locking, hand-operated latch that will not release unintentionally.
• The mattress should be the same size as the crib so there are no gaps to trap arms, body, or legs. If you can fit 2 fingers between the mattress and the side of the crib, the crib should not be used.

Injury or death to an infant caused by a defective product is grounds for a products liability claim or a wrongful death lawsuit. Manufacturers have a responsibility to ensure that their products are safe for use. Failure to do so can be grounds for a products liability case.

1 million Graco, Simplicity cribs recalled in U.S., MSNBC.com, September 21, 2007

Choosing a Crib, American Academy of Pediatrics

Related Web Resources:

About 1 Million Simplicity Cribs Recalled Due To Failures Resulting in Infant Deaths, CPSC.gov, September 21, 2007

Simplicity for Children

Continue reading "Graco and Simplicity Recall One Million Cribs After Crib Deaths" »