Attorney Blog

Children Injured or Killed by Seattle Children's Hospital l Medical Malpractice Attorney

mischelle@injurytriallawyer.com (Blog Author)25720 — Tue, 26 Jan 2010 08:00:00 EST

Medical malpractice, medical mistakes, surgery and drug errors and other types of medical negligence happen to kids at Seattle Children's Hospital just as it does at other pediatric hospitals around the country.

If your child has been injured or killed due to medical mistakes by doctors, nurses or pharmasists at Children's Hospital you may need the help of an experiences Seattle, Washington attorney who is familiar with child accident cases and who has deal with legal claims against Childrens in the past.

Seattle child injury attorney Chris Davis has the experience and qualifications that you need. You can contact the Davis Law Group for a free consutation and a complimentary copy of Little Kids, Big Accidents. Call 206-727-4000 or visit www.DavisLawGroupSeattle.com.

Learn more about some recent cases involving Children's Hospital:

Grieving Mother Sues Seattle Children's Hospital for the Wrongful Death of her Son

Official Court Filing - Complaint for Damages - Blankenship v Seattle Children's Hospital

Seattle Children's Hospital Admits Medical Mistake

Children's Hospital In Seattle Makes Medication Error That Kills 15 Year Old Boy

Good Booster Seats Bad Booster Seats: Washington State Parents Need To Know The Difference

mischelle@injurytriallawyer.com (Blog Author)23835 — Tue, 22 Dec 2009 08:00:00 EST

Putting your kids in car booster seats is the law in Washington State. But the Insurance Institute for Highway Safety today issued a warning about child booster seats. The Institute explains that not all booster seats offer children the same amount of safety protection in a crash. Seatbelts are designed for adults. That's why kids need a boost to get them in the right spot. It all comes down to where the lap and shoulder belts fit across the child's body.

The Institute has just released its latest ratings of almost all booster seats sold in the U.S. It tested each seat using a crash test dummy representing an average sized 6-year-old.

BAD BOOSTER SEATS: Booster seats that are NOT recommended/dangerous booster seats:

Harmony Secure Comfort Deluxe backless/clip
Combi Kobuk
Evenflo Express
Eddie Bauer Deluxe
Safety 1st Alpha Omega Elite
Evenflo Sightseer
Alpha Omega Elite
Eddie Bauer Deluxe 3-in-1
Safety 1st All-in-One
Alpha Omega Luxe Echelon
Alpha Omega

BEST BOOSTER SEATS: Orovide good lap and shoulder belt fit in almost any car, minivan, or SUV.

Combi Dakota backless/clip
Recaro Young Sport
Recaro Vivo
Maxi-Cosi Rodi XR
Evenflo Big Kid Amp backless/clip
Eddie Bauer Auto Booster
Cosco Juvenile Pronto
Britax Frontier
Clek Oobr

BOOD BOOSTER SEATS: Provide optimal belt fit in almost as many vehicles as the Best Bet Models.

Combi Kobuk backless/clip
Maxi-Cosi Rodi
Evenflo Symphony 65
Britax Parkway SG
Graco TurboBooster SafeSeat Wander
Graco TurboBooster SafeSeat Sachi

Children Testifying in Court for Personal Injury Cases

mischelle@injurytriallawyer.com (Blog Author)22265 — Mon, 23 Nov 2009 08:00:00 EST

If a lawsuit has been filed to recover financial compensation for the child’s injuries, that child may be called to testify in court. However, most cases involving children never go to court. So the chances that a child will be forced to testify in court are extremely low.

The age of the child does not necessarily determine whether a child can or should testify. But in Washington, the admission of testimony by children under age 10 is within the discretion of the trial court. Children under the age of 10, who appear incapable of receiving just impressions of the facts respecting which they are examined, or of relating them truly, may not be considered competent to testify.

Generally, a child may be held competent to testify if that child (1) understands the obligation to speak the truth on the witness stand; (2) has the mental capacity, at the time of the occurrence concerning which the child is to testify, to receive an accurate impression of it; (3) has a memory sufficient to retain an independent recollection of the occurrence; (4) has the capacity to express in words a memory of the occurrence; and (5) has the capacity to understand simple questions about the occurrence. The final determination of whether the child is competent to testify will rest with the judge, who will evaluate and listen to the child, as well as consider the child’s demeanor and manner of testifying.

Statute of Limitations for Child Accident Cases in Washington State - Seattle Lawyer

mischelle@injurytriallawyer.com (Blog Author)22262 — Mon, 23 Nov 2009 08:00:00 EST

There are strict time limits on when a person may bring a legal claim arising from an injury accident. This is no different for claims brought by children. However, the general rule in Washington State is that a child has three (3) years from the date of the child’s 18th birthday to bring a claim. This effectively means that the child can wait until his or her 21st birthday to settle the claim or file a lawsuit. It is usually not a good idea to wait this long to resolve the claim, especially those cases involving injuries to younger children. However, certain exceptions may justify waiting until after the age of majority depending on the facts of the claim.

Part Two - Parental Negligence and Parental Immunity - Washington State Law

mischelle@injurytriallawyer.com (Blog Author)22261 — Mon, 23 Nov 2009 08:00:00 EST

The courts in Washington have rejected numerous attempts to hold a parent legally responsible for injuries caused to the child based on allegations of inadequate supervision. But recently the Washington Supreme Court ruled that a step-parent may not be protected under the Parental Immunity Doctrine if that step-parent was not truly acting as a parent to the child. In that case, the step-parent fell asleep and the 3-year-old step-daughter fell into the family swimming pool and drowned. It turned out the step-parent had previously taken out a life insurance policy on the child, an unusual action by a step-parent to say the least. Also, the step-parent had only recently married the child’s mother so there was a factual question of whether the step-parent had sufficient time to form a parent-child relationship and thus be entitled to the protection of the Parental Immunity Doctrine.

In another case the parents of a severely injured child were immune even though they were fully aware of the hazard which injured their child and had previously warned him to stay away. In another case a father was held immune when his 3 year-old son was severely burned in a fire that the father had started in the back yard and then left the child alone. But it is important to remember that the Parental Immunity Doctrine only protects negligent conduct in certain situations. A parent may still be legally and financially responsible for intentional conduct that harms the child, like physical and sexual abuse.

Part One - Parental Negligence and Parental Immunity - Washington State Law

mischelle@injurytriallawyer.com (Blog Author)22255 — Mon, 23 Nov 2009 08:00:00 EST

Usually when a child has been injured in an accident, the conduct of the child’s parents is called into question. Typically the insurance company will try to argue that the child was injured in large part due to the parents’ failure to adequately supervise the child. But this argument often fails. This is because Washington has adopted what is called the Parental Immunity Doctrine. Under this doctrine, a negligent parent is immune from liability for injuries caused to the child unless the parent was acting outside his or her parental capacity, or if the child’s injuries were caused by a parent’s willful and wanton misconduct. The doctrine is based upon the public policy of maintaining family tranquility and avoiding the fear of undermining a parent’s control and authority over his or her children.

An exception to the Parental Immunity Doctrine is when the child’s injuries are due to a parent’s negligent driving. That means a child is still permitted to pursue a legal claim against his parent if the injuries arose from a car accident that was caused by the parent. The doctrine also does not apply to those parents who engage in willful and wanton misconduct. Washington law has defined the phrase “willful and wanton misconduct” to mean the parent’s intentional act or intentional failure to act in disregard of a known peril or hazard. This can be a difficult burden to prove. While the standard of negligence implies inadvertence or carelessness, the term willfulness suggests premeditation or formed intention in the face of known circumstances that would inform a reasonable parent of the highly dangerous nature of that conduct. Essentially a parent’s conduct must rise to the level of intentional or reckless conduct or extreme indifference that had a high likelihood to cause harm to the child.

Negligence of the Child - Washington State Child Accident Injury Law - Seattle Attorney

mischelle@injurytriallawyer.com (Blog Author)22254 — Mon, 23 Nov 2009 08:00:00 EST

Washington’s law of comparative negligence means that the proportionate share of fault of all potential negligent parties must be considered, even if it involves the conduct of a child. This means a child can be held negligent and therefore wholly or partially responsible for the child’s injuries and damages. In Washington, the issue of the child’s degree of negligence may also be called “contributory negligence.” But there are certain limitations when it comes to accidents and injuries involving negligent children. First, the law in Washington is that children under the age of 6 years cannot be held negligent as a matter of law. The Washington State Supreme Court has decided that a child under age 6 does not have the mental capacity to be negligent. This means that anytime a child under 6 years of age has a legal claim for injuries caused by an accident, that child is deemed fault-free for purposes of deciding which parties negligently caused that child’s injuries.

For children who are 6 years of age and older, they may be deemed negligent and thus legally responsible for their own injuries. But there is one important difference. In Washington, children are not to be judged by the same standards that apply to adults. We previously defined the negligence standard for adults as the failure to exercise ordinary care under the same or similar circumstances occurring at the time of the injury or the accident. However, for children the negligence standard is defined much narrowly. A child is negligent if that child fails to exercise the ordinary care that a “reasonably careful child of the same age, intelligence, maturity, training and experience” would exercise under the same or similar circumstances. This is a very important distinction. It means that a 7 year old child cannot be judged based on the same standards that might apply to a 10 year-old child. The standard of negligence for children is also based heavily on the child’s individual characteristics and traits. Conceivably, the actions of a special needs or mentally disabled child should only be judged based on the expected reasonable conduct by another child of the same age and/or intellectual capacity. The same goes for children who may be advanced or high functioning. High achieving children with excellent grades should only be judged by the expected actions of other children similarly situated.

Joint and Several Liability - Washington State Child Injury Law - Seattle Lawyer - Bellevue Attorney

mischelle@injurytriallawyer.com (Blog Author)22253 — Mon, 23 Nov 2009 08:00:00 EST

In Washington, there is an exception to the rule of comparative fault. That exception occurs when the injured child is considered fault-free. In that situation, if there are multiple negligent parties who have caused injury to the child then each of them will be jointly and severally liable for all damages. This means that each negligent party is also individually responsible for 100% of the damages and not just limited to his or her respective share of fault. Take the example of Party A and Party B above. If joint and several liability exists, then Party A is liable for the full amount of damages calculated at $100,000 and not just Party A’s proportionate share of $25,000. This is the same for Party B, who is also responsible for the full award of $100,000 and not just Party B’s share of $75,000.

Some people question whether the law of joint and several liability is fair or just. Sometimes a negligent party who shares a very small percentage of fault could be legally required to pay a much higher percentage of the child’s damages. For example, if Party A was only found to be 1% at fault and Party B 99% at fault, Party A could still be made to pay much more than its share of $1,000 of the child’s damages. Let’s say Party B is uninsured and has no money to pay a verdict. Then Party A could be liable for the full $100,000. Is this fair? Well, the rationale behind joint and several liability is that it is more just to fully compensate an innocent victim than to allow a negligent party to limit his or her share of damages to that actor’s proportionate share of fault. Other commentators have noted that joint and several liability benefits society by effectively placing the economic burden on those who can afford it most (e.g., corporations, governmental entities, insurance companies, etc.) while at the same time protecting the innocent victim.

Does a Child Accident Injury Legal Claim Exist? - Seattle Lawyer

mischelle@injurytriallawyer.com (Blog Author)22252 — Mon, 23 Nov 2009 08:00:00 EST

A child may have a legal claim arising from an injury accident. A legal claim arises when the child is entitled to compensation for the injuries and damages proximately caused by the accident. Whether a child has a legal claim for injuries sustained in an accident will depend on many different factors. Generally, a child will only have a legal right to recover compensation if the injuries were caused by another party’s negligence. In Washington, the term “negligence” is defined as a person’s failure to exercise ordinary care under similar circumstances that led to the child’s injury. Not only can a person be found negligent, but so can a corporation or governmental agency.

Oftentimes it will be easy to determine whether a party was negligent, like when a driver runs a stop sign or fails to yield to pedestrians in a cross-walk. The violation of a known rule, statute or regulation can also provide evidence of whether a party was negligent. For example, if a person injures a child and also violates a statute or regulation while doing so, that violation may be admissible in a subsequent trial to prove that the person was negligent.

Sometimes there may be more than one negligent party who has caused the harm to the child. Washington follows the law of comparative negligence (also called comparative fault). This term means that more than one party may be responsible for a child’s damages according to each party’s percentage of negligence. For example, let’s say Party A and Party B both negligently injured a child and that child’s damages were calculated at $100,000. Party A was found 25% responsible and Party B 75%. Party A’s share of the child’s damages is $25,000 and Party B’s share is $75,000. Under the law of comparative fault, each negligent party is only responsible for its share of damages as determined by the jury (or a judge if the matter is tried without a jury, i.e., bench trial).

Infant Victim of Birth Injury - Seattle Personal Injury Attorney

mischelle@injurytriallawyer.com (Blog Author)22251 — Mon, 23 Nov 2009 08:00:00 EST

Children who are victims of medical malpractice often suffer significant injury or death during the birthing process. Birth injuries are generally caused by something that went wrong during pregnancy or during delivery, while birth defects usually are harms to the child that arose prior to birth and were often caused by genetic abnormalities or infection during pregnancy. Some studies have shown that birth injuries occur in five out of a thousand births (0.5%). Most birth injuries occur when a doctor, nurse or mid-wife fail to adequately assess or respond to conditions that occur during pregnancy and/or the child’s delivery.
To pursue a medical negligence claim for harms suffered by a child, the injuries usually have to be severe if not catastrophic. This is because it takes enormous resources and expense to pursue the claim. Experts have to be hired to review the records and testify that the child suffered harm because the treating physician or other healthcare professional violated the standard of care. Usually the cost of bringing a medical negligence claim will easily exceed six figures, and sometimes exceed $500,000.

Some medical negligence cases involving children include death, permanent brain damage, Cerebral Palsy, Erb’s Palsy, and Shoulder Dystocia. Many times medical negligence cases are settled or resolved confidentially so there is no reliable data base to show just how many children are victims of medical negligence. Many times the negligence goes unreported due to the parents’ unawareness and/or because the child’s injuries are less than catastrophic or severe.

These are just a few categories of accidents that involve children. Of course, there are many others – too many for this book to provide an exhaustive list. But what should be apparent, however, is that children face many different types of risks that can cause serious injury or even death. Parents should be aware of these risks so proper precautions can be taken to protect their children. Many risks can be drastically reduced or even eliminated just by teaching parents and their children about injury prevention devices, like seatbelts and helmets. Other risks of harm can be lowered with proper supervision of children and teaching children to watch out for certain risks like moving vehicles, aggressive dogs, and hazards located inside the home.

Children who are victims of medical malpractice often suffer significant injury or death during the birthing process. Birth injuries are generally caused by something that went wrong during pregnancy or during delivery, while birth defects usually are harms to the child that arose prior to birth and were often caused by genetic abnormalities or infection during pregnancy. Some studies have shown that birth injuries occur in five out of a thousand births (0.5%). Most birth injuries occur when a doctor, nurse or mid-wife fail to adequately assess or respond to conditions that occur during pregnancy and/or the child’s delivery.

To pursue a medical negligence claim for harms suffered by a child, the injuries usually have to be severe if not catastrophic. This is because it takes enormous resources and expense to pursue the claim. Experts have to be hired to review the records and testify that the child suffered harm because the treating physician or other healthcare professional violated the standard of care. Usually the cost of bringing a medical negligence claim will easily exceed six figures, and sometimes exceed $500,000.

Some medical negligence cases involving children include death, permanent brain damage, Cerebral Palsy, Erb’s Palsy, and Shoulder Dystocia. Many times medical negligence cases are settled or resolved confidentially so there is no reliable data base to show just how many children are victims of medical negligence. Many times the negligence goes unreported due to the parents’ unawareness and/or because the child’s injuries are less than catastrophic or severe.

Home Accident Send Children To The Emergency Room - Washington Chld Accident Attorney

mischelle@injurytriallawyer.com (Blog Author)22250 — Mon, 23 Nov 2009 08:00:00 EST

Home injuries are one of the top reasons why children under the age of 3 years visit the emergency room. Nearly 70% of children who die at home from unintentional injuries are age 4 and younger. Young children have the highest risk of being injured at home because that is where they spend most of their time.

Washington State Pool Drowning Accident - Seattle Child Injury Attorney

mischelle@injurytriallawyer.com (Blog Author)22249 — Mon, 23 Nov 2009 08:00:00 EST

There are certain risk factors that exist for fatal and nonfatal drowning accidents. A major risk factor is the absence of pool barriers; another is the absence of parental supervision. Most pool accidents involving children occur within minutes after the child is last seen alive. Many pool incidents occur because the child has easy access to the water. Drowning incidents that occur in natural settings like lakes, rivers, and oceans increase with the child’s age.

Parents can take certain steps to minimize the risk of a drowning incident. The most important step is to provide adequate adult supervision. Parents should keep their children in view at all times when the child is around water. While supervising children, a parent should also avoid engaging in distracting activities, like reading, watching television, playing cards, doing yard work, etc. Barriers should be erected around swimming pools or other large bodies of water. A child should not be allowed to physically access the water without an adult’s assistance. Parents should also teach their children to swim. Introducing small children to the water through swimming lessons is an extremely good idea. Do not let children use improper inflatable devices without direct supervision. Toys like “water wings,” “noodles,” and “inner-tubes” are not designed to keep swimmers safe. Also, these toys can give a child a false sense of security thereby encouraging the child to take greater risks (e.g., venturing out into deeper water, etc.).

Child Drowning Statistics - Pools, Bathtubs, and Lakes in Washington State - Seattle Lawyer

mischelle@injurytriallawyer.com (Blog Author)22246 — Mon, 23 Nov 2009 08:00:00 EST

The CDC reports that there are on average nearly 10 drowning accidents occurring every day. More than one in four fatal drowning accidents involve children ages 14 and younger. For every child who drowns, there are at least 4 others who visit the emergency room for nonfatal submersion injuries. Nonfatal drowning injuries can be catastrophic and can cause permanent brain damage, including problems with learning and memory, and the permanent loss of brain function.

Children under the age of 5 are at the greatest risk of near drowning because their energy and curiosity can easily lead them to fall into bodies of water, including bathtubs or large buckets, from which they cannot escape. Among children ages 1 to 4 that die in accidents, nearly 30% do so through unintentional drowning. Fatal drowning is the second leading cause of unintentional injury-related death for children ages 1 to 14. Children under 1 year of age most often drown in bathtubs, buckets or toilets. With children between the ages of 1 and 4, most drowning incidents occur in swimming pools. Most young children who drown in swimming pools were last seen in the home, had been out of sight for less than five minutes, and were in the care of one or both parents at the time.

Playground Equipment Accident Injuries - Washington Kids Lawyer in Seattle

mischelle@injurytriallawyer.com (Blog Author)22244 — Mon, 23 Nov 2009 08:00:00 EST

While all children are at risk for injury on playgrounds, girls are at more at risk (55%) when compared with boys (45%). And children between the ages of 5 and 9 have the highest rate of emergency room visits of any age group. Studies have shown that more injuries on public playgrounds occur on climbing equipment than any other type. On playgrounds at private residences, the swing or swing set is the most common cause of injury. One study also found that more injuries occur on playgrounds located in low-income areas due to infrequent and/or inadequate maintenance of equipment. Parents need to make sure that their child is familiar with the equipment on the playground. Close supervision, at least initially, may also be a good idea before children should be allowed to play at a specific playground.

Playground Accident Statistics - Children Injured At Parks - Seattle Child Lawyer

mischelle@injurytriallawyer.com (Blog Author)22242 — Mon, 23 Nov 2009 08:00:00 EST

The CDC reports that more than 200,000 children ages 14 and younger are treated at emergency rooms each year for playground-related injuries. About 45% of injuries on playgrounds are severe, i.e., fractures, internal injuries, concussions, dislocations and amputations. About 75% of nonfatal accidents occur on public playgrounds with most occurring at schools and daycare centers. Between 1990 and 2000, there were 147 deaths of children at or under the age of 14. 56% of these deaths were caused by strangulation and 31% occurred due to falls onto the playground surface. Most of the deaths (70%) occurred in home play areas.

Children Bitten By Dogs In Washington State - Seattle Dog Attack Lawyer

mischelle@injurytriallawyer.com (Blog Author)22241 — Mon, 23 Nov 2009 08:00:00 EST

There are some guidelines that, if followed, can reduce the chance that a dog will bite a young child. The critical age for socializing a dog is between the ages of three and fourteen weeks. A dog in this age range who is introduced to young children has a much lower incidence rate of biting kids. Neutering male dogs decreases the chance of aggressive behavior. If you plan to have young children and a dog, it is best to bring in the dog while it is young and introduce it to the children during the toddler age.

Dogs also need to be introduced to children of all ages. Young toddlers will act differently around the dog than a 10-year-old child will. Children should also be involved with the training sessions of the dog. This allows the dog to experience the child as an authoritative figure and thereby decrease the chances of a bite. Children should also be involved in other caretaking activities, like feeding, grooming and bathing the dog.

Parents should also never leave young children alone with a dog, particularly if the dog has limited experience with that child. You can also teach children to recognize fearful or aggressive behavior in dogs so the child can take steps to avoid or minimize the risk of a bite. And finally, parents should be good examples of how to treat the dog. Children often emulate their parents’ behavior and this also applies to the parents’ interaction with the dog.

Bicycle Accidents Statistics for Children - Seattle Injury Attorney - Kids Hurt in Washington State

mischelle@injurytriallawyer.com (Blog Author)22085 — Thu, 19 Nov 2009 08:00:00 EST

Other than automobiles, bicycles are associated with more childhood injuries than any other consumer product. More than 70% of children ages 5 to 14 (27.7 million) ride bicycles. This age group rides 50% more than the average cyclist, accounting for 21% of all bicycle-related deaths and nearly 50% of all bicycle-related injuries. More than 130 children die every year in bicycle accidents and approximately 270,000 are treated in emergency rooms for injuries. Nearly half of these children sustain a traumatic brain injury because of their failure to wear a helmet or because of wearing an unsafe or improperly fitted helmet.

Studies have shown that a properly fitted helmet can reduce the risk of bicycle-related brain injuries by as much as 88%. Properly fitted bike helmets can prevent an estimated 75% of fatal head injuries to children each year. Motor vehicles are involved in approximately 90% of the fatal bike crashes that happen each year. About 60% of child fatalities in bike-versus-auto crashes occur on residential streets. A child who does not wear a helmet is 14 times more likely to suffer a fatal crash than one who does. Clearly, all children should wear properly fitted helmets while riding a bicycle. The chances of injury and/or death decrease dramatically when wearing a protective helmet.

Child Pedestrian Crosswalk Accidents - Seattle Personal Injury Attorney in Washington State

mischelle@injurytriallawyer.com (Blog Author)22084 — Thu, 19 Nov 2009 08:00:00 EST

The risks for school-age children of getting hit by a moving vehicle are different from those for toddlers. Children under the age of 10 still need supervision when crossing the street. Oftentimes a school-age child will forget about vehicles traveling in the street and dart out suddenly and without warning. Many pedestrian accidents involving school age children (ages 6 to 11) occur in the morning and afternoon, and at times when they are typically at play.

The financial consequences of a child pedestrian accident can be significant as well. In 1999, the average hospital stay for a pedestrian accident was 2 days and the cost was more than $25,000. These figures were compiled from statistics nearly 10 years ago; so, undoubtedly, the average hospital medical charge for a typical pedestrian accident is much higher today. Nearly one-third (32%) of the accidents involved injuries to the lower legs, and they mostly involved fractures (87%). About 25% of pedestrian nonfatal accidents involved hospitalization for traumatic brain injury (TBI).

Most child pedestrian accidents are preventable. Parents need to be educated on the developmental limitations of their children in understanding the dangers of a moving vehicle. Parents can also teach younger children about the dangers of playing near the roadway or when it is appropriate to cross the street. There are also ways to minimize danger by creating safer roads and street crossings, especially near schools, playgrounds and other areas where children congregate. And finally, law enforcement can play a pivotal role by diligently enforcing traffic laws in areas where children are active and by making drivers aware pedestrian crossings.

Statistics for Crosswalk Accidents And Children - Pedestrian Injury Lawyer in Seattle Washington

mischelle@injurytriallawyer.com (Blog Author)22081 — Thu, 19 Nov 2009 08:00:00 EST

Pedestrians account for about 30% of all traffic fatalities involving children under the age of 15 years. NHTSA estimates that more than one-fifth (22%) of children between the ages of 5 and 9 who were killed in traffic crashes were pedestrians. Approximately 19% of children involved in traffic fatalities under age 16 were pedestrians. And approximately 8% of all children under age 16 injured in a car accident were pedestrians. 45% of all pedestrian fatalities involving children under age 16 were killed between 3:00 PM and 7:00 PM. In Washington State alone, between 10 and 15 children who die every year in car accidents are pedestrians.

Studies have shown that by age 3, boys outnumber girls in pedestrian nonfatal injuries and in pedestrian fatality accidents by a margin of almost 2 to 1. Many of the injuries to toddlers and preschoolers are considered “non-traffic.” Namely, these accidents mostly occur in places like driveways and parking lots instead of public roadways or thoroughfares. Nearly half of all pedestrian accidents involving children ages 1 to 4 occur when a vehicle is backing up in the driveway. According to a national advocacy organization, Kids and Cars (www.kidsandcars.org), approximately 50 children are injured or killed every week as a result of vehicles backing up. The number of back-over deaths has actually increased in recent years. From 2002 through 2006, there were 474 children who died compared with 128 deaths reported during the period from 1997 to 2001. Research has shown that children in this age range are simply too young to understand the dangers that exist with a moving vehicle.

To combat the rising death toll of children in back-over accidents, Congress recently enacted the Cameron Gulbransen Act. The Act was named for 2-year-old Cameron Gulbransen who was killed when he was inadvertently backed over by a SUV because the vehicle’s blind spot made it virtually impossible for the driver to see him. The Act directs the United States Department of Transportation to adopt new safety standards that will lead to the design and development of safety technologies to prevent injuries and death to children caused by back-over accidents that will become standard equipment in all vehicles.

No Seat Belts on School Buses - Children Injured in Bus Accidents - Seattle Lawyer

mischelle@injurytriallawyer.com (Blog Author)22080 — Thu, 19 Nov 2009 08:00:00 EST

Interestingly, children are not required to wear seat belts while riding on a school bus. The NHTSA has determined that school buses already have “built in protection” for children based on the special construction and size of bus seats so seat belt restraints are unnecessary. However, school bus crashes occurring at speeds greater than 35 mph still pose a serious risk of harm to children who are riding on the bus. There are certain precautions that, if exercised, can reduce the chance of serious injury in bus accidents. If your child’s bus does not have safety belts, teach your child to ride near the front of the bus and to never stand in the bus while it is moving. Studies have also shown that two children riding on a bench seat have a lower risk of injury than three (3) occupants riding in the same seat.

Schools should provide adequate adult supervision while children are boarding and exiting the bus. All bus stops should be located in safe locations that minimize the need for children to cross the street. Parents are well advised to trace your child’s normal route to and from school to spot potential danger spots and instruct your children where to walk and cross the street.

Washington State Law Requires Children To Sit In The Back Seat - Seattle Car Accident Lawyer

mischelle@injurytriallawyer.com (Blog Author)22079 — Thu, 19 Nov 2009 08:00:00 EST

Washington law also requires that children under the age of 13 must sit in the back seat of the vehicle when it is practical to do so. AAP guidelines also recommend that children under the age of 13 sit in the back seat regardless of whether or not the vehicle is equipped with a passenger-side air bag. The age of 13 may appear to be an arbitrary figure, but studies show that most children at this age are still smaller than the average adult. So to reduce the risk of serious injury, it makes sense that the law requires children under this age to sit in the rear of the vehicle.

Buyer's Guide to Child Car Seats and Booster Seats - Seattle Child Injury Attorney in Washington State

mischelle@injurytriallawyer.com (Blog Author)22078 — Thu, 19 Nov 2009 08:00:00 EST

A recent study found that a key factor influencing the increased risk of harm to children in accidents is when the child is prematurely moved from a child restraint system up to an adult seat and then allowed to sit in the front seat too soon. Parents can visit the website of the Washington State Safety Restraint Coalition at www.800buckleup.org to check out the current Buyer’s Guide to Child Car Seats and Booster Seats.

Washington State Seat Belt Law For Children - Seattle Child Car Accident Attorney

mischelle@injurytriallawyer.com (Blog Author)22077 — Thu, 19 Nov 2009 08:00:00 EST

Every state, including Washington, requires the use of approved child safety seats for children under the age of 5. According to NCSA there is only a 90% compliance rate with respect to using approved safety seats for children under this age. The Washington State Patrol (WSP) recommends that for children who are under 1 or who weigh less than 20 lbs., the parents should follow the guidelines of the American Academy of Pediatrics (AAP) by seating the child facing the rear of the vehicle. Children who are ages 1 to 4 and weigh 20 to 40 pounds can sit facing the front of the vehicle. Children between the ages of 4 and 8, or who are no taller than 4’9’’, Washington law requires that booster seats (including lap and harness belts) be used. The WSP recommends that the booster seat also meet AAP guidelines. The child restraint system must be used properly according to the instructions of both the seat AND vehicle manufacturer.

The WSP also recommends that an approved booster seat be used if: (1) the child’s knees do not bend comfortably at the edge of the seat, (2) the child does not sit with his/her hips all the way against the back of the auto seat, (3) if the lap belt does not lie on top of the child’s thighs, (4) if the shoulder harness is not centered on the child’s shoulder and chest, or (5) if the child cannot stay seated with the above conditions during the entire trip.

Statistics On Children Who Die In Car Accidents With No Seat Belt - Seattle Child Injury Attorney

mischelle@injurytriallawyer.com (Blog Author)22076 — Thu, 19 Nov 2009 08:00:00 EST

The failure to wear a seat belt or use a child safety seat is a contributing factor in more than half of the cases involving children who die in car accidents. Not only is an unrestrained child a potential distraction to the driver of the vehicle, but also the failure to wear a seat belt dramatically increases the chance that a child will suffer much more serious injury and death. According to the National Highway Traffic Safety Administration (NHTSA), at least 72% of the 3,500 observed child vehicle safety restraints were being used incorrectly. When that happens, the risk that the child will suffer an injury or more severe injury rises even more. NHTSA estimates that a properly installed and used child safety seat lowers a child’s risk of death by 71% for infants and by 54% for toddlers ages 1 to 4.

Statistics for Children Killed In Car Accidents l Seattle Attorney for Kids Injured in Washington State

mischelle@injurytriallawyer.com (Blog Author)22075 — Thu, 19 Nov 2009 08:00:00 EST

By far the most common type of injury accident involving children are those that also involve motor vehicle collisions. According to the National Center for Statistics and Analysis (NCSA), nearly 250,000 children are injured every year in car accidents. This means that on any given day nearly 700 children are harmed due to accidents on our roadways. Of the 250,000 kids injured each year, approximately 2,000 die from their injuries. Children make up about 5% of total fatalities due to car accidents. In fact, for children between the ages of 2 and 14, motor vehicle accidents are the leading cause of death. Car accidents are also the leading cause of acquired disability (e.g., brain injury, paralysis, etc.) for children nationwide. And approximately 20% of the children who die in a car accident each year are killed in accidents involving a driver who is legally intoxicated. Nearly half of these children were killed while riding as passengers in an automobile driven by an intoxicated driver.

Common Injuries To Children l Seattle Attorney for Injured Kids in Washington State

mischelle@injurytriallawyer.com (Blog Author)22074 — Thu, 19 Nov 2009 08:00:00 EST

As a lawyer, and also as a father, some of the most tragic and heart-wrenching cases I see are those involving children. As a father, these cases can be difficult to manage. No parent wants to see his or her child suffer, particularly when the injury was preventable. And these cases can be difficult and time consuming to pursue in the legal arena. Most of the time, the adversary is a powerful insurance company that is willing to bankroll an aggressive and time-consuming defense (even when the case involves a seriously injured child). When a child has been seriously injured, the parents are often both angry and sad, sometimes filled with guilt, and basically overwhelmed with the legal process that may ensue. I see many different types of accident cases involving children. These may include:

• Auto accidents
• Boating accidents
• Motorcycle accidents
• Bicycles, scooters & skateboard injuries
• Animal and dog bites
• School bus accidents
• Playground injuries
• Premises injuries
• Trampoline injuries
• Swimming pool accidents or drowning
• Snow Ski injuries
• Amusement park injuries
• Burn injuries
• Summer camp injuries
• School or daycare injuries
• Birth injuries
• Auto back-over accidents
• Window fall injuries
• Swing set or play equipment injuries
• Defective or dangerous toys
• Food poisoning
• Medical malpractice injuries
• Sports injuries
• Bullying or assault cases

Unattended Kids in Vehicles - Washington State Law - Seattle Personal Injury Attorney

mischelle@injurytriallawyer.com (Blog Author)21374 — Sat, 07 Nov 2009 08:00:00 EST

It is a misdemeanor to leave any child under 16 unattended in a standing vehicle with the engine running. Any subsequent violations will result in having your license revoked.

If you suspect an unattended child in a vehicle of being in danger contact the local police department

Davis Law Group Starts Scholar Athlete Award Program l Seattle Accident Attorneys

mischelle@injurytriallawyer.com (Blog Author)19619 — Tue, 06 Oct 2009 08:00:00 EST

’m please to announce that the Seattle personal injury law firm Davis Law Group has started the DLG Scholar Athlete Program. The program recognizes high school athletes in the greater Puget Sound region who have succeeded on the field or court AND in the classroom. For more information about the program visit: http://scholarathleteprogram.wufoo.com/forms/davis-law-group-scholar-athlete-nomination-form/

Boy Injured in Yelm Drunk Driving Accident

mischelle@injurytriallawyer.com (Blog Author)18897 — Thu, 24 Sep 2009 08:00:00 EST

The 4-year-old was flown by helicopter to Harborview Medical Center in Seattle after a Yelm car crash that was caused by a drunk driver. To read the entire story click here.

Ten-Year Old Yakima Girl Injured In Crosswalk Accident

mischelle@injurytriallawyer.com (Blog Author)18766 — Tue, 22 Sep 2009 08:00:00 EST

Veronica Gonzalez was run over in a Yakima crosswalk by a Ford Ranger truck that ran a red light. Click here to read the whole story.

Wenatchee Toddler Injured In Lawn Mower Accident

mischelle@injurytriallawyer.com (Blog Author)13119 — Tue, 02 Jun 2009 08:00:00 EST

Date: June 1, 2009
Location: East Wenatchee, WA
Type: Child Injury Accident

A 2-year-old boy riding on the back of a lawnmower was seriously injured. Little Neico Wellborn was taken to Harborview Medical Center in Seattle after his grandfather accident backed over the little boy's legs. He is in serious condition.

Five Year Old Boy Killed During SUV Crash In Snohomish County

mischelle@injurytriallawyer.com (Blog Author)11860 — Tue, 12 May 2009 08:00:00 EST

A 5-year-old boy was killed when the SUV he was riding in hit a tree. At this time it is not known if the 5-year-old boy who was killed was in a child seat or if he was wearing a seat belt. The cause of the crash is under investigation.

Apparently the boy was in the back seat when the vehicle hit the tree. He died at the scene. The man who was driving the SUV was taken to Harborview Medical Center in for treamtment of injuries to his back and face. His 3-year-old daughter who was secured in a child safety seat was also taken to Harborview.

Teen Injured In Seattle Car Accident l Seattle Attorney

mischelle@injurytriallawyer.com (Blog Author)11736 — Fri, 08 May 2009 08:00:00 EST

Date: May 6, 2009
Location: First Avenue South and Olson Place Southwest, Seattle, WA
Type: Car Accident
Outcome: Serious Injuries to Teen Girl

A teen was rushed to Harborview Medical Center with life-threatening injuries after a car collision in South Park. The accident happened near the intersection of First Avenue South and Olson Place Southwest. Apparently the girl was a passenger in one of the cars involved in the accident. No other details are known at this time.

Explosion Burns Two Kitsap County Children

mischelle@injurytriallawyer.com (Blog Author)11735 — Fri, 08 May 2009 08:00:00 EST

Two Kitsap boys were playing with a lighter in a garage when it ignited vapors from a nearby container of gasoline and exploded. A neighbor heard the explosion andput out the flames with a fire extinguisher. One of the boys burned in the explosion is in critical condition at Harborview Medical Center in Seattle.

A Harborview spokesperson says the 7-year-old is in the intensive care unit and the other boy is in satisfactory condition.

Child on Bike Hit by Car, Killed l Seattle Child Bike Accident Attorney

mischelle@injurytriallawyer.com (Blog Author)11442 — Wed, 29 Apr 2009 08:00:00 EST

A 6th grader at Benjamin Franklin Middle School was struck and killed Monday morning while riding his bike to school.

Follow the link to read the whole story:

http://www.wgrz.com/news/local/story.aspx?storyid=66236&catid=13

Crash shows kids' car safety requires vigilance

mischelle@injurytriallawyer.com (Blog Author)11441 — Wed, 29 Apr 2009 08:00:00 EST

Given Washington state’s historic role in establishing child booster seat requirements, it was especially distressing to read that the law was ignored in Thursday’s crash involving two city-owned vans transporting 19 children from the Northeast Youth Center to two elementary schools. Six of the children were required to be strapped into booster seats. Not one of them was.

Read the whole story:
http://www.spokesman.com/stories/2009/apr/29/our-view-crash-shows-kids-car-safety-requires/

Child Struck By Car l Seattle Child Accident Attorney

mischelle@injurytriallawyer.com (Blog Author)11440 — Wed, 29 Apr 2009 08:00:00 EST

An 8-year-old child struck by a car Tuesday on Falconer Street wasn't seriously injured, according to police on the scene.

Read the whole story:

http://post-journal.com/page/content.detail/id/529240.html

Child Restraint Use in 2007

mischelle@injurytriallawyer.com (Blog Author)9231 — Wed, 18 Feb 2009 08:00:00 EST

Child Restraint Use in 2007 [PDF]

Description: Hispanic children under 13 years old have lower restraint use rates (use of child safety seats, booster seats, and seat belts) than non-Hispanic children. This result is from the National Survey of the Use of Booster Seats (NSUBS), the only probability-based nationwide child restraint survey that observes restraint use and collects race and ethnicity. The NSUBS is conducted by the National Center for Statistics and Analysis (NCSA) of the National Highway Traffic Safety Administration.

Little Kids, Big Accidents

mischelle@injurytriallawyer.com (Blog Author)9229 — Wed, 18 Feb 2009 08:00:00 EST

Little Kids, Big Accidents

Description: Get your FREE copy of Little Kids, Big Accidents. It is FREE as a public service to citizens of Washington State.

School Bus Accidents Can Be Prevented by Safety Training and Parking Lot Design

mischelle@injurytriallawyer.com (Blog Author)9228 — Wed, 18 Feb 2009 08:00:00 EST

School Bus Accidents Can Be Prevented by Safety Training and Parking Lot Design

Description: At fault was the school district for failing to provide a parking lot with visibly designated markings; failing to provide appropriate cross walks; and failing to provide a school safety plan for bus arrivals and departures

Pricing the priceless child: the changing social value of children.

mischelle@injurytriallawyer.com (Blog Author)9227 — Wed, 18 Feb 2009 08:00:00 EST

Pricing the priceless child: the changing social value of children.

Description: This book examines the enormous shift in the economic value of children from child laborer to emotionally priceless but economically valueless child that took place in the US between the 1870s and the 1930s. It now costs between $100,000 and $140,000 to raise a child; but, in the eighteenth century, children were laborers and provided old age security. This book focuses on cultural factors that helped to redefine the role of the child. Economic and sentimental values of children were held to be mutually exclusive.

Accidents among children under five years old

mischelle@injurytriallawyer.com (Blog Author)9226 — Wed, 18 Feb 2009 08:00:00 EST

There is a great article that you should check out. We have provided the link below:

Accidents among children under five years old