Articles Tagged with child injuries

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In a lawsuit against a fatal amusement park accident during a school outing that claimed the life of a child, defendant amusement park cannot seek indemnification from the school. However, according to a recent New Jersey Supreme Court opinion, defendant will be allowed to seek a verdict that allocates fault to the school, meaning it plaintiffs could ultimately receive less. wrongful death attorney

The issue in Jones v. Morey’s Pier was that defendant amusement park failed to give proper notice of claim to the school under the state’s Tort Claims Act. Still, the park will be allowed to present evidence during the pending trial against it that the school was negligent and that this negligence was a proximate cause of the girl’s death. If the jury finds credible evidence of this, it can allocate a percentage of fault to the school, which would reduce the park’s overall liability and the amount it would have to pay the child’s parents.

This question of common-law indemnification against a public entity was one of first impression in New Jersey, and although it has no direct bearing on the court process in Florida, courts often look to the decisions of their sister courts in reaching conclusions about similar matters.  Continue reading →

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While the holidays are over, hopefully the kids are still getting some mileage out of their gifts. Chances are, some of those included toys. Safety of children’s products is largely overseen by the U.S. Consumer Product Safety Commission (CPSC), which announced recently it was teaming up with U.S. Customs and Border Protection (CPB) to halt the flow of dangerous toys from reaching children this season.teddy bear

The effectiveness of the effort this past year is still being weighed, but we do know this: Over the four years prior, the team stopped more than 8 million units of about 4,500 different kinds of toys and children’s products that failed to meet federal safety standards from reaching store shelves. These shipments included high levels of lead, small parts, sharp points and violations of labeling requirements. Further, in fiscal year 2016, the number of toy recalls fell sharply to 24, with only one of those being a lead violation, as compared to the 172 toy recalls issued in fiscal year 2009, with 19 of those involving high lead levels. Last year, toys were recalled for dangers that included fire and mechanical and choking hazards.

A new report released by the CPSC indicated that in 2015, there were an estimated 185,500 toy-related injuries that had to be treated at hospital emergency rooms. These cases involved only children under the age of 15, and at least 11 incidents resulted in death (final death counts may not yet be available). Most toy-related injuries involved some type of cut or bruise. Of those injuries that resulted in death, nearly half were riding toys – specifically, non-motorized scooters.  Continue reading →

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The nation’s biggest youth football organization is nixing the traditional kickoffs in its games in hopes of reducing the number of child injuries among its youngest players. football2

According to The New York Times, the organization cited a concern about concussions inflicted on players by the practice. No doubt, the organization is still reeling from a series of high-profile injury lawsuits that have inevitably resulted in declining enrollment. This measure is an effort to reduce the number of child athlete injuries and perhaps paint the group in a more positive light.

There is an increasing awareness of the danger of the sport, as a range of players – both professional, student and youth – have come forward to reveal the devastating injuries they incurred as a result of the hard and often repeated blows they suffered to their head and bodies.  Continue reading →

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