In this Blog category you will find articles about Child Injury Accidents and how to avoid them. Personal Injury suits and insurance claims may require the help of an attorney. A good lawyer can protect your rights under the law.
The Oregon Department of Human Services (DHS) exists to provide care and assistance for Oregonians who cannot care for themselves. This includes providing social services and setting up foster care arrangements for children and individuals with disabilities, as well as long-term or in-home care for senior citizens. However, in recent months – or years – tragic flaws have been uncovered in the foster care system run by DHS. Mistakes by DHS workers have been linked to serious injuries on numerous occasions. Victims of these injuries have important legal rights but need the right legal representation to hold DHS […]
After nearly a decade of proposals and delays, in October 2017 the Consumer Product Safety Commission (CPSC) issued a final rule prohibiting the manufacture, distribution, and sale of toys and child care products containing five phthalate chemicals known to cause neurodevelopmental and reproductive disorders in children.
Phthalates are chemicals used to soften or plasticize vinyl. The CPSC’s 2017 final rule bans five phthalates in children’s toys, however does not require warning labels on products containing these toxic chemicals.
CDC Detects Widespread Phthalate Exposure
As early as 2003, researchers at the US […]
In this video short, join Rizk Law’s paralegal, Don Nash, as he briefly introduces the Request for Production document, an important aspect of any litigation. Whether you are a potential client with a recent injury, or you are unfamiliar with the process of resolving your claim for an injury, Don will have some useful tips.
Oregon’s Department of Human Services has just settled for a hefty $7 million to resolve a case of abuse and neglect against two preschool-aged children in foster care. State-appointed foster parents in Yamhill County nearly starved the siblings to death before turning the kids over to their aunt after announcing they could no longer care for them. A string of neglect from foster parents, caseworkers, doctors, and other government workers left the children helpless in a dangerous home. Although they have won one of […]
As of May 26, 2017, all child passengers under age two must use a child seat with a rear-facing harness, unless the child turned one year of age prior to May 26, 2017. Children under age two must be securely fastened in a car seat with harness or in a booster seat until they reach age eight or 4’9” in height and the adult belt fits them properly.
How Important Are Child Passenger Safety Restraints?
Motor vehicle crashes are the leading cause of death for children ages one through twelve years old. In 2015, 20 percent of the 981 children aged eight and under that were injured in Oregon traffic crashes were using adult belts or no restraint at all. Nationwide in 2015, a total of 663 passenger-vehicle occupants aged twelve years or younger died as a result of a crash, and nearly 132,000 were injured. Among the children who died, 35% were known to be unrestrained. The Center for Disease Control (CDC) says “to keep child passengers as safe as possible, drivers should use age- and size-appropriate restraints for all child passengers until adult seat belts fit properly.”
Choosing the Right Child Car Seat for Your Vehicle
Not all child car seats fit in all vehicles. Make sure the car seat you choose is the right fit for your vehicle and can be installed and used correctly every time. Test the car seat you plan to buy to make sure it fits well with your vehicle. The label on the seat tells the type of vehicle best for the seat and where on the vehicle to install it. Be sure to register your new child car seat, so the manufacturer can inform you if there is a recall. You should only purchase a new child car seat, never a used one or one that has been involved in an auto accident; and if you are involved in a crash, replace the child seat.
What Type of Car Seat Is Right for Your Child?
It is important that you use a car seat that fits your child’s current size and age, which will change as your child grows. All children up to age twelve or thirteen should ride in the back seat. There are four basic types of child car seats:
- Rear-Facing Car Seat
- Forward-Facing Car Seat
- Booster Seat
- Seat Belt
Rear-Facing Car Seat: the best seat for a young child, it has a harness and, in a crash, cradles and moves with your child to reduce the stress to the child’s neck and spinal cord. You should keep your child rear-facing as long as possible. Your child should remain in a rear-facing car seat until he or she reaches the top height or weight limit allowed by your child car seat’s manufacturer. There are three types of rear facing child car seats:
- Infant Car Seat – designed for newborns and small babies, it is a small, portable seat that can only be used rear-facing, so when your child outgrows the seat after about eight or nine months you should purchase a convertible or all-in-one car seat and use it rear-facing.
- Convertible Seat – this seat can change from a rear-facing seat to a forward-facing seat with a harness and tether as a child grows. Because it can be used with children of various sizes, children can stay in the rear-facing position longer.
- All-In-One Seat – this seat can also change from a re-facing seat to a forward-facing seat with a harness and tether, but also to a booster seat as the child grows. It can be used by children of various sizes, so it allows for children to stay in the rear-facing position longer.
Forward-Facing Car Seat: has a harness and tether that limits your child’s forward movement during a crash. Once your child outgrows the rear-facing car seat, after about three or four years of age, your child is ready to travel in a forward-facing car seat with a harness and tether. There are three types of forward-facing car seats:
- Convertible Seat: as a child grows, this seat can change from a rear-facing seat to a forward-facing seat with a harness and tether.
- Combination Seat: this seat transitions from a forward-facing seat with a harness and tether into a booster seat as your child grows.
- All-in-One Seat: the seat can change from a rear-facing seat to a forward-facing seat with a harness and tether and to a booster seat as a child grows.
Booster Seat: once your child outgrows a forward-facing car seat with a harness, it is time to travel in a booster seat, but still in the back seat. Keep your child in the booster seat until he or she is big enough to fit in a seat belt properly. There are four types of booster seats:
- Booster Seat with High Back: this seat is designed to boost the child’s height so that the seat belt fits properly and supports head and neck. It is ideal for vehicles that don’t have head rests or high seat backs.
- Backless Booster Seat: it is designed to boost the child’s height so the seat belt fits properly. Because it does not provide head and neck support, it is a good choice for vehicles with head rests.
- Combination Seat: this seat transitions from a forward-facing seat with a harness to a booster seat as the child grows.
- All-in-One Seat: this seat can change from a rear-facing seat to a forward-facing seat with a harness and tether and to a booster seat as the child grows.
For a seat belt to fit properly, the lap belt must lie snugly across the upper thighs, not the stomach. The shoulder belt should lie snugly across the shoulder and chest and not cross the neck or face. Your child should still ride in the back, where it is safer. […]
After the regrettable death of a 15-year old girl from Albany in the foster care system, the Oregon Department of Human services decided to review a random sample of 101 child welfare case decisions for insight into what could be improved. The disturbing conclusion found that many children were deemed safe by social workers despite being kept in unstable or threatening environments. Oregon’s social workers consistently failed to protect children by failing to recognize clear signs of abuse or neglect, or failing to thoroughly […]
The Coos Bay Children’s Academy nearly escaped investigation and punitive fines for poisoning fifty people had it not been for investigative reporting by the state’s largest newspaper. Due to horrendous mismanagement, state authorities did not discover a serious incident involving the use of strong pesticides in the childcare center that put employees and several children in harm’s way.
Since a careless spraying incident took place in April, at least fifty people have come forward with symptoms of illness due to exposure to a potent chemical insecticide in […]
On the surface, Iris Valley Learning Center appears to be a legitimate child care facility for young children. A quick Google search of Keizer day care centers reveals Google map results that place Iris Valley on top, with an average 4.5 star review out of 5 possible stars. The facility, located at 530 Dietz Ave, is one of the state’s largest facilities. It would come as a surprise to anyone who declines to research further that the facility was recently shut down by the state of Oregon after receiving […]
With the implementation of new disciplinary policies in schools teachers across the country are reporting feeling less safe in their own classrooms. In Portland schools, new disciplinary policies that aim to reduce the rate of suspensions and expulsions by eliminating zero-tolerance policies. Called “Restorative Justice,” new policies bar teachers from removing disruptive students from their classrooms as a form of disciplinary action.
Since the policy was implemented, over a third of all teachers surveyed felt less safe in their schools, according to the Portland […]
Determining who might be responsible for an injury that occurred in a child’s school playground is often difficult. Even if the school or a school employee didn’t directly cause the injury, the school district might be legally responsible, and obtaining just compensation can be challenging.
Playground injuries are usually due to either poor maintenance or design of playground equipment or lack of adequate supervision. If another child injured your child on a school playground, the other student or parents may not be responsible. If a teacher failed to provide adequate supervision, the […]