Injuries to Children

January 25, 2022

Maine School Bus Accident Leaves Eight Children Injured

Many of us send our kids to school on the school bus every day and rely on these buses to transport our children safely to school and back. Unfortunately, sometimes a bus driver can exercise all of the due diligence and care in the world and external factors can still result in an accident. When the negligence of other drivers results in an injury, those who are responsible must be held accountable for their actions.

According to a recent local news report, a school bus accident left nine people injured, eight of which were children. Local authorities reported that 18 children were on the school bus when a white pick-up truck rear-ended the school bus. Eight children who were on the bus were sent to the hospital with minor injuries, as well as the passenger of the pick-up truck that rear-ended the bus. Police reported that the school bus was attempting to make a stop to pick up a child when it was hit by the truck. The accident remains under investigation.

In Maine, like in many other states, drivers could be ticketed if they do not stop when a school bus puts its stop sign and yellow flashing lights out. Among school bus drivers, other drivers remain their number one concern when it comes to ensuring the safety of the children they transport. Some drivers simply fail to stop and break the law, often because they are distracted while driving. When this takes place, bus drivers are encouraged to provide radio dispatch with a description of the vehicle and driver, the plate number, and the street and time that the incident happened, so that law enforcement can locate and ticket the driver. According to some school bus operators, there is sometimes as frequent as one violation per day in Maine.

October 28, 2020

Maximizing a Maine Accident Victim’s Recovery when Restitution is Insufficient

by Peter Thompson & Associates

Under Maine law, an individual who suffers injuries because of another’s negligence or reckless conduct may hold at-fault parties or entities responsible for their damages. In some cases, the other party may be responsible under both civil and criminal statutes. Generally, tort or civil claims involve situations where one or more parties’ negligence directly or proximately causes personal damages to another person. Whereas criminal conduct involves a wrong committed against society, in general. The difference between this conduct generally involves the method of wrongdoing, the actor’s intent, and the effect on society. However, in some cases, a tort activity may involve criminal conduct. In either case, a victim may be entitled to damages through civil awards or court-ordered restitution.

Court-ordered restitution is “monetary reimbursement ordered at the offender’s sentencing.” This reimbursement may include a combination of monetary compensation or services by an offender to the victim of a crime and the economic loss caused by the crime. Under the law, criminal courts cannot impose restitution for pain and suffering. In cases where restitution is a condition of an offender’s probation, a probation officer will monitor compliance. Also, the Maine Crime Victims’ Compensation Program may provide additional compensation for a victim’s expenses.

Victims must understand that criminal restitution does not negate their right to civil damages. Court-ordered restitution and civil damages serve different purposes. Victims who seek compensation through the civil system do not need to establish that the victim was guilty through the criminal system. Restitution is designed to rehabilitate the offender and deter future criminal behavior. In contrast, a civil judgment is aimed at compensating the plaintiff for their losses. Although civil plaintiffs can recover through restitution, this does not always cover the extent of the victims’ losses.

July 7, 2020

Maine Swimming Pool Accidents and Accidental Drownings

by Peter Thompson & Associates

Amidst COVID-19 concerns, parents are trying to find engaging, stimulating, and safe ways to keep their children occupied during the summer. One of the most popular activities that children can continue to participate in during this challenging time is swimming. However, Maine swimming pool accidents are a frequent and tragic occurrence, and pool owners and parents must understand the risks and liability of this activity.

According to the Centers for Disease Control and a new report by the U.S. Consumer Product Safety Commission (CPSC), swimming accidents are the leading cause of unintentional death for children between the ages of 1 to 4. New data by the CPSC indicates that there has been a steady increase in pool- or spa-related fatal accidents, with nearly 400 deaths last year. Residential pool accidents account for over 70% of these deadly accidents. Additionally, the data reveals that there have been almost 7,000 pool or spa-related emergency department nonfatal child drowning visits between 2017 and 2019.

Maine pool owners, caregivers, and parents should adhere to pool safety guidelines to prevent these types of accidents. Pool Safely, a national public education campaign, provides individuals with steps to reduce these incidences. The instructions advise parents to never leave a child unattended near or in the water. Parents should designate an adult watcher to vigilantly watch children while they are around water. These individuals should refrain from reading, using their phones, or engaging in potentially distracting activities. Pool owners should install fences and self-latching gates, and their pools should comply with all federal safety standards.

February 13, 2020

Teenage Drivers and Maine Car Accidents

by Peter Thompson & Associates

The Centers for Disease Control and Prevention (CDC) reports that car accidents are the leading cause of teenage deaths in the United States. Approximately six teenagers between the ages of 15-19 die from injuries related to a car accident every day. Parents of teenage drivers and those that suffer injuries after a collision with a Maine teenage driver should understand their rights and remedies, because these car accidents often result in serious bodily injury and property damage.

For example, recently, three teens died and two suffered injuries in an accident on an icy Maine road. According to one news report, three children died after the car they were traveling in went into an “uncontrolled skid” after entering an icy stretch. After spinning out of control, the vehicle slammed into a large pine tree. When emergency personnel arrived, they found a 15-year-old boy and two sisters aged 14 and 12 lifeless inside the sedan. Two other victims, including the 16-year-old unlicensed driver, were transported to a local hospital. Police reported that the sedan was mangled, and there was an array of car parts and fast-food containers strewn across the road. The police spokesperson indicated that the accident was still under investigation, but inexperience and speed were likely the two main reasons for the accident.

There are many reasons teen drivers are more likely to cause Maine car accidents and suffer serious injuries. The primary reason is inexperience. Teen drivers, especially those that do not possess a driver’s license, do not understand how to operate a vehicle. Their immaturity, in conjunction with a lack of skills and experience, can have deadly consequences. Next, teen drivers are more likely to engage in distracted driving. Teenagers are often more concerned with their cellphones and what is going on in their cars, rather than on the road. Drunk driving is also one of the top five causes of teen driving accidents. Recent studies indicate that 15% of drivers between 16 and 20 years old had a blood alcohol content over the legal limit of .08%. The CDC also reports that teenagers are more likely to speed and swerve in between vehicles. Finally, teenagers have the lowest rates of seatbelt use, which can exacerbate injuries.

April 24, 2019

Report: 100 Child Stroller Injuries, 500k Risky Strollers in Use, Yet Maker Refused Recall

by Peter Thompson & Associates

The manufacturer of a popular infant jogging stroller model was the subject of a Washington Post investigation shedding light into how the company resisted a product recall despite more than 100 reports of serious stroller injuries (adults, infants and children) over six years, along with U.S. regulators demands that the manufacturer warn consumers and remove the product from shelves. As longtime Bangor child injury attorneys, such revelations are deeply troubling, but not wholly surprising. The report indicated that shifting federal policies toward more relaxed regulatory standards have the potential to allow manufacturers of dangerous products to go unchecked by public and consumer safety agencies for longer stretches at a time.

Our Maine defective product attorneys help equalize the playing field between huge corporations with an army of defense attorneys and individual consumers harmed by unsafe, defective products. It’s important to note: a product doesn’t have to be recalled in order for someone to file a lawsuit, particularly when there is an extensive on-the-record pattern of severe injuries involving similar causes over a period of time, as was allegedly the case here.

Often one of the biggest issues in these cases is whether a defendant adequately warned the public about a danger they knew/reasonably should have known about. If they actively tried to conceal it, this can even be grounds for punitive damages (intended to penalize a defendant for egregious wrongs, versus compensatory damages intended solely to make a person “whole” for losses sustained).

February 15, 2019

Liability for School Bullying: Is District Responsible for Student Assault and Head Injury?

by Peter Thompson & Associates

Bangor personal injury lawsuits don’t typically stem from high school dramas. However with an increased awareness of bullying and a number of school districts embracing “zero tolerance” policies, the question becomes to what extent is a school responsible for a student-on-student attack? What preventative action should be considered “reasonable”?

Two high school students in Maine didn’t like each other. They started exchanging texts that insulted one another. It ended in a physical confrontation into which the older brother of one teen inserted himself, resulting in a head injury to the other student. This led to more than 200 students of the school engaging in a walk-out and rally – in support of the teen whose older brother carried out the assault. Although the older brother faced criminal charges, the Bangor Daily News reported he’d been defending his brother from being bullied for his sexuality. But questions still remain about exactly who was bullying whom.

The parents of the student who suffered a head injury are suing the school district as well as the parents of the other teen and his older brother. In that lawsuit, plaintiffs allege their son, who had special protected status as a result of a disability (attention deficit hyperactivity disorder and anxiety) was not granted the occasionally necessary “quiet space” to help him ward off anxiety attacks. His parents had also requested other changes to his education plan in light of fear to address the “growing concerns for his physical safety.” Since middle school, he’d purportedly been the subject of taunts from the other student (who identified as homosexual) on the basis of his perceived non-conformance with certain gender stereotypes and norms. The two started exchanging text messages and other students joined in, with much of it being offensive. Continue reading

October 24, 2018

Failure to Vet Van Driver Lands Maine Town in Multiple Injury Lawsuits

by Peter Thompson & Associates

The town of Kittery is now facing nearly half a dozen Maine injury lawsuits following a van crash in which nearly a dozen children, ages 7 to 9, were injured when the driver, employed by the town, crashed due to a medical emergency. Plaintiffs are seeking monetary damages for medical expenses incurred in the weeks following the crash.

Injuries included a fractured leg, head injuries, facial scarring and emotional trauma. According to The Portland Press-Herald, the driver, 21, did have a commercial license, but had disclosed in a previous court case (which was public record) that he suffered from epilepsy and seizures, and he also had an extended history of previous criminal driving infractions. An internal review by the town revealed officials there did not check the man’s prior driving record before he was hired.

This case raises a number of legal issues, some of which, like the sudden emergency doctrine, we touched on previously. However, it also raises the common issue in Maine crash case which is one of respondeat superior, or employer liability for employee negligence.

September 26, 2018

Doctors Call for Ban on Dangerous Infant Walkers

by Peter Thompson & Associates

Hospital emergency room doctors in Maine and throughout the country are once again seeking a ban on infant walkers, saying that as an “inherently dangerous object” these walkers have no benefits to young children and should never be sold in the U.S. Spurring this renewed call is a new study recently published in the journal Pediatrics, revealing that 2,000 babies and toddlers every year are treated at hospital emergency rooms in infant walker accidents – often with serious and life-altering injuries like skull fractures, broken bones and concussions. Between 1990 and 2014, there were reportedly more than 230,000 injurious infant walker accidents among children under 15 months who were treated in hospital emergency departments.

As Bangor child injury attorneys may note, these types of cases would be based on the laws of product liability. Depending on the circumstances, one could allege defect in design, manufacturing and/or marketing/breach of warranty. When products are sold in the U.S., consumers are given an implied and often express assurance that they are safe when used as intended. This is especially true for products used by infants and children. Maine Title 14 S221, state law on defective or unreasonably dangerous goods, states that anyone who sells goods or products in defective condition or that are unreasonably dangerous to the user can be held liable for resulting injuries. Defendants can include the manufacturer, seller or supplier.

In instances wherein products prove unsafe, resulting in injury, it’s important to discuss legal options with an attorney or law firm with experience in handling Maine product liability lawsuits. Breach of express or implied warranty is often the grounds on which product liability plaintiffs present their case. Depending on where the incident occurred and who was caring for the child, there may also be claims of premises liability and negligent supervision (for example, against a daycare). Accountability is important for parents of young children injured in these preventable incidents. Continue reading

August 16, 2018

Maine UTV Accident Illustrates Risks of All-Terrain Vehicle Injuries

by Peter Thompson & Associates

The recent injury of a Sanford girl in a UTV accident highlights the risk of these and other all-terrain vehicles (ATVs) as we head into autumn.About 500 people a year are killed in ATV accidents, according to federal statistics, and more than 100,000 are injured seriously enough to seek treatment in hospital emergency rooms. About 25 percent of victims are under 16 years of age. In all, nearly 15,000 riders have been fatally injured since ATVs became popular in the 1980s.

CBS13 reports hundreds participated in a Sanford fundraiser for the 8-year-old girl, who broke her neck and jaw and suffered numerous skull fractures after falling from her UTV. The local Maine ATV Club sponsored the event.

Autumn is the most dangerous time of year for accidents involving utility and all-terrain vehicles for various reasons. Experience and familiarity bring more aggressive riding, often on newer, larger, and more powerful ATVs. The ground is hard, and vegetation is reaching maximum growth, which reduces visibility and creates hazards of its own.

August 9, 2018

Maine School Injury Case Results in Partial Summary Judgment

by Peter Thompson & Associates

The Maine Supreme Judicial Court recently granted partial summary judgment in a case against a Portland High School after a mother alleged her teenage son fell and struck his head while apparently tussling with an older boy at a school sporting event.The court dismissed the claims against the older boy’s parents. The case against the defendant teen and the school district will proceed separately from this ruling.

The mother claimed the incident occurred at Cheverus High School in Portland, where a number of youths had been attending a sporting event. She filed an injury lawsuit against the school district, as well as the older boy and his parents, bringing counts for negligence and negligent infliction of emotional distress. The defendant parents requested summary judgment for both negligent infliction of emotional distress and causes of action under state negligence laws.

Summary judgment is a legal term that means a plaintiff has failed to bring a case in which there is a genuine issue of material fact for a jury to decide, so the moving party is entitled to judgment as a matter of law. Essentially, this means a plaintiff failed to bring a case sufficient for a jury to decide upon matters of fact, and the defendant otherwise prevails as a matter of law. Summary judgments are frequently filed by law firms defending corporations and large insurance companies. It means an unprepared injury attorney could find his case over shortly after making it to the courtroom.