Alabama Injury Attorneys Blog

The National Fire Protection Association (NFPA) and the Electrical Safety Foundation International (ESFI) are giving public warnings regarding the dangers of outdoor electricity hazards that could pose a risk to a child's safety. This warning is in response to an accident involving a 6-year-old girl who was severely burned when she came into contact with a transformer while playing at the Liberty Park Sports Complex last April. The girl wandered through a missing board in a fence surrounding a large green transformer.

The combined efforts of The National Fire Protection Association (NFPA) and The Electrical Safety Foundation (ESFI) are part of National Electrical Safety Month, which is a public awareness campaign responsible for promoting and educating the importance of electrical safety. The campaign is responsible for educating the public on preventative measures in regards to injuries and fatalities caused by electrical fires.

The National Fire Protection Associate (NFPA) and the Electrical Safety Foundation (ESFI) are offering the following tips for parents to enforce to their children this summer to ensure that they avoid electrical shock or burns while playing outdoors:
• Some of the tips this campaign offers to parents as they enforce summer rules while playing outdoors are:
• Recognize and make aware that electrical boxes are not a play toy and playing on or around it are off limits. Any equipment that is damaged or poorly maintained can present a safety hazard.
• Keep clear of power lines while playing or flying kites. If a kite gets caught in a power line, let it go.
• Notify an adult if you find a power line on the ground.
• Keep clear of trees and go inside if it is lightening.
• Make sure to ask an adult if you want to bring a toy into a swimming pool. Do not bring indoor toys near any water.
• If electrical equipment is in need of attention, adults should call their local officials so the equipment can be repaired.

Additional resources regarding child safety or educational resources, please visit www.nfpa.org and www.electrical-safety.org.

Continue reading "Tragic Accident in Vestavia Hills, Alabama Prompts National Warning on Electric Safety" »

Danny Smith, the 64-year-old owner of Danny Smith Realty and Construction, was arrested Saturday afternoon after he injured and killed a Chilton County family following the Tuscaloosa Air Show.

According to reports, 8-year-old Haylee Burks along with her 28-year-old mother and 3- year-old sister were struck on the shoulder of the road off Fifth Street in a drunk driving accident. The driver of the vehicle-later identified as Danny Ray Smith - left the accident scene in what is being reported as a hit and run accident.

Smith, a prominent businessman in Tuscaloosa, Alabama, had been entertaining guests at the Tuscaloosa Air Show, when he swerved off the road and hit the family of three with his GMC Sierra pickup truck. Reports indicate that Smith continued driving for roughly100-200 yards before he stopped his truck and walked over towards the victims. Smith allegedly walked back to his truck where Northport Police Officers apprehended him and took him into custody.

Haylee Burks at five feet tall and 80 lbs was killed in the motor vehicle accident when the truck ran over her body. All three victims of the hit and run accident were transported to DCH Regional Medical Center in Tuscaloosa. Eight-year-old Haylee died upon arrival at DCH, while her mother was admitted to the intensive care unit (ICU). Haylee's sister was a rushed to Children's Hospital in Birmingham and was released Monday. Her mother was released from DCH Medical Center yesterday, where she was treated for multiple fractured vertebrae.

The Northport Police stated the drunk driving accident occurred around 4:26 p.m. Saturday afternoon immediately following the air show when Smith hit all three of the victims. All three victims were from Jemison, Alabama in Chilton County.

Danny Ray Smith was been released on a $110,000 bond from the Tuscaloosa County Jail. He faces charges of vehicular homicide, two counts of first degree assault and leaving the accident scene. At the time of the accident, Smith's blood alcohol level reached .13%, almost twice the legal limit in Alabama. Prosecutors are asking the Smtih to relinquish his passport. He is considered a possible flight risk since he has access to planes through his business.

Continue reading "Prominent Tuscaloosa Business Man Involved in Drunk Driver Accident, Young Girl Killed" »

A wrongful death lawsuit has been filed after a school bus accident killed two and injured several students on March 12, 2012. The school bus crash occurred around 7:40 am when the bus struck a bridge support beam. The bus accident killed the school bus driver, Thomas Spencer, and 5-year-old Donasty Smith. At the time of the bus accident, around 50 students were onboard the school bus, with ages of those injured ranging from 5-16 years old.

Police: Child, driver die in east side school bus crash: wishtv.com

The first personal injury lawsuit in the school bus accident was filed yesterday on behalf of a 9-year-old boy and his two siblings. Michael Watkins, 9- years old, broke his leg in the bus accident and was hospitalized at a nearby Children's Hospital. The siblings, Lenae Watkins and Nevaeh Hobbs, were not hospitalized after the accident but rather suffered "post-traumatic stress."

The personal injury lawsuit claims Miller Transportation, the company that owns the school bus, was negligent by failing to provide seat belts on the school bus. The bus accident critically injured two children and wounded eight others. The complaint also claims Miller Transportation was negligent and failed to place seat belts in the bus. Additionally, the personal injury lawsuit alleges Miller failed to train and supervise the bus driver. The plaintiff's attorney representing the family stated in an interview, "Shame on [the] government, shame on lawmakers, shame on educators who drove their cars to their workplace with the safety of seat belts but they let the kids go to school without seat belts,"

Lastly, the lawsuit claims, Miller Transportation had a duty to the students to protect them from any unsafe or dangerous conditions.

According to the National Highway Traffic Safety Report, a school bus is the safest vehicle for transportation for getting children to and from school. In fact, the larger buses are designed to provide protection without wearing a seat belt. To date, the majority of states in the U.S. do not have seat belts on school buses and only a handful of states require them.

Continue reading "Fatal School Bus Accident Linked to Seat Belts" »

Mead Johnson infant formula, Enfamil, has been called into question after a 10-day old infant, Avery Cornett, died from a rare strain of bacteria believed to be linked to Enfamil.

Avery's parents rushed the infant to the hospital after he appeared lethargic and presented signs of stomach ache. The hospital confirmed the infant tested positive for Cronobacter Sakazakii, a bacteria that can be found in milk-based infant formula. While the bacteria is also considered an environmental contaminant, the diagnosis of the bacteria in the 10-day old infant prompted health officials to question the safety of the infant formula.

The County Health Department sent off samples of the two kinds of formula Avery had been eating. However, both tests came back negative and found Enfamil completely safe.

The U.S. Food and Drug Administration and the Centers for Disease Control are trying to determine the origin of the bacteria strain. In addition, the health agencies are expected to be testing a number of environmental sources for possible bacteria contamination.

Enfamil, manufactured by Mead Johnson, has conducted multiple test in conjunction with the health agencies and stands by the safety of the their product. A Mead Johnson spokesperson told local press that they wanted to "reassure parents and health care professional about the safety and quality of their products." Mead Johnson infant formulas undergo more than 2,300 quality test and inspections to make sure their products are safe for infant consumption.

The FDA has not issued a nationwide recall as they are still trying to determine if there is a link between the infant formula and the infant's cause of death. However, out of caution, Wal-Mart initially pulled all Enfamil formula from company shelves until the product was proven safe. Kroger additionally pulled all 12.5 ounce Enfamil Premium Newborn formula with the batch number ZP1K7G.

According to Mead Johnson, all infant powder products are tested for Cronobacter (Enterobacter sakazakii) prior to shipment. If any traces of bacteria are found, the formula is "rejected and not distributed" to retail outlets.

Continue reading "Infant Dies From Bacteria Strain, Formula in Question" »

After a four-day trial, a Georgia jury recently awarded a $9.85 million jury verdict to the parents of a deceased toddler. The parents of Abiola Bankolemoh filled a wrongful death lawsuit after their two year old fell in a pool and drowned while under the care of the daycare facility.

Abiola parent's Kemi Green and Gbolohan Bankolemoh were shown a CPR license and under the impression that the daycare facility was approved by the state. Day Care facilities are supposed to be regulated by each state to ensure each facility is hazard free and meets all safety requirements. However, the day care, run out of the home of Tanya and Shawn Moon, was not state approved nor was Tanya Moon licensed to provide child care services.

In March 2009, Abiola was one of four children being cared for by Moon when he wandered out of the house, fell into an above ground swimming pool, and drowned. Abiola's three-year-old brother was also at the day care the day Abiola died.

In the wrongful death lawsuit, Kemi Green and Gbolohan Bankolemoh, named the owners of the day care for the death of their child along with Tanya's father-in-law, Terry Moon, who owned the home.

The jury returned a $50,000 verdict for pain and suffering plus an additional $9.8 million for the child's death. The personal injury attorneys representing the deceased toddler's family said they expect all three defendants insurance companies to pay.

Continue reading "Jury Awards $9.85 Million Verdict in Day Care Death " »

The family of Lucas Tang has filed a wrongful death lawsuit after his untimely death back in November. The 2-year-old fell some 30-50 feet from a third level luxury skybox at the Staples Center during a Lakers games. According to the wrongful death suit filed this past Tuesday, Anschutz Entertainment Group and L.A. Arena Co. failed to warn fans about the dangers associated with the luxury sky boxes thus causing the child's fall.

Tang's autopsy revealed the death was an accident, however, he a suffered massive head injury. According to the personal injury attorney representing the family, the purpose of this lawsuit is to prevent a similar child related accidents from occurring at the Staples Center. The wrongful death lawsuit also contends that "in order to obtain the highest price possible for use of the luxury boxes, the Staples Center designed and maintains the luxury boxes in a dangerous condition."

Code regulations require guardrails to be at least 26 inches high. The Staples Center maintains a 16 inch high concrete barrier topped with a 10 inch glass shield, so for all practical purposes it is in compliance with code regulations. The lawsuit also filed an injunction requiring an installation of taller barriers by way of preventing any future child injuries from occurring.

Continue reading "Fatal Child Accident Prompts Wrongful Death Lawsuit" »

Burlington Basket Company has recalled some 500,000 bassinets for potential fall hazards to infant children. According to the Consumer Product Safety Commission (CPSC) if the Burlington Bassinet if not locked into position properly can cause infants to fall to the floor and suffer injuries.

The CPSC and Burlington Basket Company have received 10 reports of incidents of which two minor baby injuries were reported: a bruised shoulder and a bruise to the top of the head. The baby bassinet recall involves all Burlington Bassinets manufactured before June 2010. The recall is aimed to prevent any potential child injuries or child deaths. The bassinets were manufactured in the United States and sold to mass retailers, including Wal-Mart and major department stores across the country.

The company and CPSC have urged parents to stop using the bassinets immediately until they are certain the support rails are locked and secured. The company, based out of Iowa, has offered a video showing how to correctly repair the bassinet. Consumers can also contact Burlington Basket Company for a free repair kit at 1-800-553-2300.

Continue reading "Baby Bassinets Recalled for Potential Child Injury" »

The strangulation and death of a 22-month-old prompted The Consumer Product Safety Commission (CPSC) to recall some 523,000 window shades nationwide. The child injury resulted after the 22-month-old was found strangled by the cord of a Roman shade distributed by Hanover Direct Inc. of Weehawken, N.J. The shades were manufactured in China and distributed through Hanover Direct stores, Domestications, The Company Store as well as Company Kids stores.

The CPSC announced the voluntary recall of all Roman Shades, Roller Blinds and Roll-up Blinds. According to the CPSC, the potential child injury hazard can occur with Roman Shades if the child places their neck between the exposed inner cord and the backside of the blind, or when the child pulls the cord and wraps it around their neck. With Roller Blinds, a child injury could occur if "the continuous loop bead chair/cord is not attached to the wall or the floor with the tension device provided and the child's neck become entangled in the free standing loop." Roller Blind injuries in child occur if the lifting loops slide off the blind and a child's neck becomes entangled on the now free-standing loop, or if a child places their neck between the loop and the blind material.

The only child injuries reported to the CPSC thus far was the strangulation report of the 22-month-old boy in Cedar Falls, Iowa. The boy was found hanging by his neck from the outer pull cords of a Roman Shade in May 2010. He was rescued by his father but later died in a hospital. In a similar situation occurred in March 2008 when a 2-year-old climbed up on a chest and became entangled in the inner cords of a Roman Shade. Luckily the child sustained no permanent injuries but the incident prompted the previous recall.

The Roman shades were manufactured January 1996 through October 2009. If you have small children and are using roman shades, roller blinds or roll-up blinds in your home, the CPSC recommend you stop using the shades immediately. For more information, contact the Window Covering Safety Council at 800-506-4636 or visit www.windowcoverings.org.

Continue reading "Child Strangulation Prompts Window Shade Recall" »