Oregon Injury Lawyer Blog

Portland Car and Bus Crash Hospitalizes Two

Fri, 18 May 2012 15:29:19 -0800

The Oregonian reports that a Portland auto accident involving a car and a Tri-Met bus recently sent two people to the hospital with what authorities described as “minor injuries.”

Citing a spokesperson for the Portland-area bus service, the newspaper reports that the accident recently occurred “at Southeast 7th Avenue and Southeast Taylor Street. She said the vehicle, carrying three people, is believed to have been traveling at a high speed when the driver failed to stop and struck the bus on its left side.”

Both of the injured people transported to hospital were traveling in the car. The bus driver was not injured and the bus, which was traveling to a Tri-Met garage at the time of the Oregon car and bus accident, was carrying no passengers. That last fact is fortunate: it is likely that the lack of passengers minimized the potential damage from the Portland car crash.

Considering the amount of bad news we have all read about Tri-Met over the last few years it is also, in a way, useful to be reminded that crashes involving Tri-Met vehicles can be the fault of reckless of negligent drivers of cars or trucks. Just because a bus was involved does not mean the bus operator bears the brunt of the responsibility.

The fact that there were no passengers aboard at the time of this particular accident might also cause us to lose sight of another important fact surrounding Oregon bus crashes: when another vehicle is involved and passengers traveling on a bus are injured it is important to consider all of the circumstances surrounding the accident. A Portland car and bus crash lawyer can will advise clients to look at all of the relevant information when considering where to turn to achieve justice for injuries suffered on the road.

The Oregonian: Two injured after car crashes into bus in SE Portland

Oregon Child Safety: Some Good News

Mon, 14 May 2012 22:22:36 -0800

A recent report released by the Centers for Disease Control and Prevention offers some refreshingly good news concerning Oregon child safety and Oregon injuries to children. As summarized by the Associated Press, the report indicates that, nationwide, “accidents are killing far fewer children and teenagers than in the past.”

The even better news for us here in the Pacific Northwest was that Oregon was among the states reporting the greatest declines in injuries and deaths among young people.

As the news agency reports, across the United States “the death rate for youths age 19 and younger dropped about 30 percent from 2000 to 2009. The number of deaths dropped too, from about 12,400 to about 9,100.” Much of the drop in fatalities can be attributed to an especially dramatic 41 percent fall-off in traffic-related deaths. “The CDC didn’t analyze exactly what caused that decline, but officials believe it was helped by measures like graduated drivers’ licenses and use of child safety and booster seats,” the article, as republished by Roseburg TV station KPIC, notes.

There is, of course, still progress to be made. According to the study accidents remain the leading cause of death among young people. Additionally, some of the study’s categories – such as accidental poisoning – showed increases over the period surveyed.

From a Portland child injury lawyer’s perspective this report is a useful reminder of the good that parents, peers and educators can all accomplish by working together. Amid the parade of bad news we so often see on TV and read online it is heartening to be reminded that our national, and Oregon, efforts to improve child safety are paying off.

AP via KPIC.com: Oregon a leader in latest CDC study on child safety gains

CDC ‘Vital Signs’ Page

Clackamas Child’s Death Spotlights Child Safety Issues

Mon, 07 May 2012 15:03:25 -0800

Last month’s death of a toddler in Boring, Oregon, in Clackamas County, highlights in the most tragic way possible the importance of both safety awareness when adults are operating potentially dangerous equipment around children, and the need for manufacturers to consider safety in the design of their products.

According to The Oregonian, an 18-month-old girl died last month in Boring “when her father… accidently ran over the girl as he was parking his tractor.” The injured Oregon child was evacuated by helicopter to Legacy Emanuel Medical Center but died a short time later.

According to the newspaper “police are not pursuing criminal charges against the father.” This horrific tragedy, however, contains several important lessons for us all. First, and most importantly, it is a reminder of how crucial it is for all adults to be aware of their environment at all times, but especially when operating machinery that has the potential to kill or injure a child. Farm equipment and lawnmowers spring immediately to mind when considering these issues – but they apply to many other household goods as well. There have been instances over the years of small children getting caught in washing machines or dryers. Refrigerators, especially older ones that may no longer be operational, also pose significant risks.

Saying that parents need to be aware of their surroundings on behalf of kids does not, however, exempt manufacturers from a responsibility to make their products as safe as possible. For example, it is reasonable to ask why riding mowers, like the one that appears to have been involved in the accident described here, do not always have reverse shut-off mechanisms. The installation of basic features such as these which have the potential to save a life should not be a subject of intense debate.

No Portland child injury attorney enjoys dealing with a case in involving the death of a child as the result of a poorly designed product. Such cases are sometimes, sadly, necessary, but the better approach is for adults and product manufacturers alike to be safety-conscious at all times.

The Oregonian: Investigation finds death of 18-month-old girl in Boring was accidental

Crane Accident Verdict Highlights Importance of Civil Courts

Sun, 29 Apr 2012 09:02:18 -0800

Last month I wrote about a criminal trial in New York considering liability for a 2008 industrial accident in Manhattan. Two construction workers died when their crane collapsed. This week, following a 10-week trial, a New York judge dismissed all four charges against the crane’s owner, who was accused of cutting corners on safety in several ways, notably by hiring “an unqualified Chinese company to make repairs to the crane because it offered a low price and quick turnaround,” according to the New York Times.

The newspaper notes that the verdict “underscored the difficulty of proving criminal liability in construction accidents, especially when the city and others are accused of mistakes in oversight and regulation that lead to fatal episodes.”

Families of the victims expressed understandable dismay when the verdict was announced. The Times, however, reports that the case is not over. “The families still have a civil suit pending,” it reports, adding that the acquittal on criminal charges “does not effect the civil case” where, as the plaintiffs attorney noted, there is a lower burden of proof.

The essential role our civil courts play in ensuring that justice is done can offer some solace at times like this. An industrial accident here in Oregon is often a legally complex affair in which the roles of equipment suppliers and maintenance companies need to be considered, not just those of a particular item’s owner or operator. It is precisely to allow this sort of nuanced consideration of facts that we have both civil and criminal courts here in the United States.

The laws concerning industrial accidents vary from state to state, so it is important to speak with an Oregon industrial accident lawyer if you are injured in an accident in Portland or elsewhere in our state. Here in Oregon, industrial accidents often involve propane explosions. They are also often related to industries in the rural parts of the state. Whatever the particulars of your situation may be, expert legal advice can be an invaluable first step in the process of protecting your rights.

New York Times: Crane owner is cleared of all charges in fatal collapse

April is National Distracted Driving Awareness Month

Wed, 25 Apr 2012 11:33:42 -0800

I could not let the month end without taking note of the fact that April is National Distracted Driving Awareness Month, so designated by the US National Safety Council.

As The Oregonian and other local media have noted, police and other law enforcement officials are marking the month with stepped-up efforts at both enforcement of the state’s two-year-old distracted driving law, and at education. The paper reports that last year the “state police pulled over 3,782 drivers suspected of texting or talking on a handheld cell phone, a 7 percent increase over 2010.” It further notes that the OSP issued over 1,400 tickets and 2,350 warnings.

It’s also worth noting that this month Idaho and West Virginia became the latest states to outlaw texting while driving. That brings the total number of states banning the practice to 37, according to the ‘Family Car Guide’ website.

Oregon distracted driving is a problem that will not go away simply because a law has been passed. That is why events like National Distracted Driving Awareness Month are so important: ultimately, getting people off their phones and getting their attention focused on the road will involve breaking bad habits and forming new, safer, ones. Enforcement alone will not solve the problem (though it certainly helps).

From a Portland distracted driving attorney’s perspective, any reminder of the importance of this law is a good thing. It is especially important to remember that distracted driving education should not be confined to teens. The National Safety Council offers employers a useful “Cell Phone Policy Kit” to help managers understand the risks Oregon distracted driving poses to their staff, and to devise ways to help curtail it.

The Oregonian: Oregon State Police Promote ‘Distracted Driving Awareness Month’

National Safety Council Press Release on Distracted Driving Awareness Month

Family Car Guide: Idaho, West Virginia add tough driver anti-texting laws

Oregon Child Injury is a Reminder of the Importance of Window Safety

Mon, 23 Apr 2012 13:58:13 -0800

A few weeks ago I posted an item marking National Window Safety Week. This weekend brought a sad reminder of why this issue is so important. As The Oregonian reports, citing Tualatin Valley first responders, “a two-year-old Tigard girl was taken to an area hospital Saturday night after she fell from a second-story window at her home.”

The newspaper reports that the girl was conscious when found by emergency services personnel, but offers no other updates on her condition or the nature and extent of her injuries. The injured Oregon child was transported by ambulance to a local hospital, the paper notes.

In a further reminder of the importance of this issue – and why all adults need to be aware of open windows, or windows with inadequate screens – the newspaper goes on to note that “a 3-year-old Clackamas girl broke her elbow” in a similar recent fall. It adds that experts say 70 percent of all injuries to children from window falls happen between noon and early evening, when warm weather is apt to draw children closer to open windows.

All parents live in fear of injuries to Oregon children such as this. Window falls are doubly tragic because of the damage they can do, and because, in most cases, they are so easily preventable. A Portland-area child injury attorney can help families searching for answers, and justice, in the wake of an Oregon window fall accident. The best solution by far, however, is for all adults to take care that windows are properly child-proofed, and that children, especially toddlers, are monitored at all times when they are anywhere close to a potentially dangerous window.

The Oregonian: Tigard girl falls from second-story window

Oregon Pedestrian and Car Accidents Can Be Avoided With Increased Awareness

Fri, 20 Apr 2012 15:29:31 -0800

The latest newsletter from Oregon’s Department of Transportation offers a timely reminder now that spring is here: “Warmer weather and longer days naturally bring out more walkers,” it notes. “It is each individual’s responsibility to be safe – on foot or behind the wheel.”

The agency offers a dual reminder. Drivers should be aware that more people will be walking (and, though the release does not mention it, biking) with the arrival of spring and summer. That fact requires special vigilance on the part of drivers. Pedestrians, however, also need to be reminded responsibility is, so to speak, a two-way street. Situational awareness can save your life.

According to the ODOT “as of April 11, 20 pedestrians have died in vehicle related crashes” across Oregon. That number represents a 25% increase in Oregon pedestrian car crashes compared to the same time period last year. The statistic is particularly striking since, as the newsletter notes, “overall Oregon is down slightly in vehicle-related fatalities for 2012 (74 deaths so far compared to 76 at this time in 2011).”

Portland and other Oregon car accidents are most tragic when they are most preventable. The ODOT newsletter is a timely reminder that the saddest circumstance of many Portland car crashes, especially those involving bicyclists and pedestrians is the ease with which they might have been avoided. This is especially the case when drivers are impaired, be it because they are Oregon drunk driving, or Oregon distracted driving.

From a Portland pedestrian injury attorney’s perspective, awareness and avoiding tragedy is by far the best way to proceed. It is reassuring to know that the courts are here to offer everyone, rich and poor alike, justice. The better approach, however, is for all of us to be sufficiently aware of our surroundings – whether we are behind the wheel, on foot or on a bike – to ensure that accidents do not happen in the first place.

Oregon Department of Transportation

Preventing Traumatic Brain Injuries Emerges as NHL Priority

Tue, 17 Apr 2012 14:36:22 -0800

They are not slickly produced but, arguably, ought to be up for some sort of award. Throughout the long hockey season the NHL has not only been assessing tough penalties on players who cross the line in what was already a rough sport: the league has been going out of its way to explain its decisions as part of hockey’s efforts to reduce traumatic brain injuries and other serious injuries to players.

As the season began the league hired Brendan Shanahan, a recently retired player known for his toughness throughout a long and distinguished NHL career, as its Senior Vice President of Player Safety. Enforcing new rules governing blind-side hits, hits to the head and other dangerous maneuvers, Shanahan has spent the season handing out suspensions both for moves that would have been legal a year go and for others that were never legal, even in the rough-and-tumble world of the NHL.

What is different is that these disciplinary actions are not announced merely with press releases from the league office. Every one of these suspensions is explained by Shanahan himself in videos posted on the league’s website. In these videos Shanahan replays video of the infraction in slow motion, usually from several angles, and explains in detail the reasoning that led both to a decision to suspend a player and to the particular punishment he has meted out. There’s nothing quite like it anywhere else in professional (or college) sports.

I have said in the past that the NHL deserves credit for the efforts it has made in recent years to take traumatic brain injuries seriously, as well as other injuries that can potentially be suffered while playing hockey. From a Portland brain injury lawyer’s perspective, it is important to know that people at the highest level of a sport take that sport’s dangers seriously. Professionals set an important example for athletes at every lower level of their sport. When the NHL demonstrates its seriousness concerning player safety that cannot help but have good effects on minor league, college and youth players and coaches alike.

NHL.com Player safety videos

Oregon Unsafe Product Verdict in Firefighters’ Deaths

Fri, 13 Apr 2012 23:35:07 -0800

A Portland jury recently awarded $70 million in damages to a pilot who was injured as well as the family of another pilot who was killed in a 2008 helicopter crash, according to The Oregonian.

The case involved the 2008 crash of a helicopter “on a California mountainside killing nine firefighters, including eight from Oregon: it was either a well-known engine flaw or an overloaded craft,” the newspaper reports. The Oregon unsafe products verdict established that, in the jury’s view, the fault lay with the helicopter’s manufacturer rather than with the pilots. It was, one of the attorneys involved told the paper, a vindication for the pilots, living and dead. The “jurors unanimously said the crash wasn’t the pilot’s fault.”

The case turned on a defect in the helicopter’s engine. “General Electric, maker of the helicopter’s engines… knew for at least six years there were problems with a fuel control valve in the commercial engines the company built for Sikorsky S-61 helicopters,” the paper, citing the plaintiffs’ attorney, reports. GE blamed the crash on overloaded equipment and said the pilots were responsible because they allowed too many people and too much equipment onto their helicopters.

The question all this begs is how something with a known fault in a crucial area such as the fuel control system could still be in service. The Portland jury’s verdict is a reminder of the important role juries play in ensuring justice for victims and their families, even when facing off against one of the largest companies on earth.

From an Oregon industrial accident and product liability attorney’s perspective that last point is especially important. In this case ordinary people were able to use our court system to obtain the justice they deserve. The courts are one of the great leveling agents of American life: a place where the poor and powerless can stand on equal ground with powerful corporations. Such battles are never easy. But it says a lot about America, and about our courts, that they can take place at all.

The Oregonian: Multnomah County jury awards more than $70 million for death and injury of pilots in Northern California helicopter crash

Hillsboro Blast Injures Ambulance Employee

Tue, 10 Apr 2012 23:47:07 -0800

The explosion of an oxygen tank as it was being filled left an employee of the Metro West Ambulance service in Hillsboro injured over the weekend, according to a report in The Oregonian. The newspaper quotes the victim’s father saying that the employee received first- and second-degree burns and is currently in intensive care.

According to the newspaper the victim, “a volunteer firefighter with the Scappoose Fire Department,” was on duty, but working alone when the accident took place. He “was filling oxygen tanks at the (ambulance) service’s headquarters… when a malfunctioning valve caused an explosion and fire,” the newspaper reports, citing a spokesperson for the ambulance company.

Though most of us would not think of an ambulance company as a potential site for an Oregon industrial accident this incident is a reminder that, in legal terms, industrial accidents can involve almost any sort of business.

Simply put, the law of Oregon industrial accidents places a responsibility on manufacturers, vendors and employers to ensure that the products they make, sell or provide to workers are safe, properly manufactured, suitable to the job at hand and well-maintained. I have often written in the past about Oregon industrial accidents in the more rural parts of our state involving propane cylinders. Oregon propane cylinder explosions are surprisingly common. The Hillsboro incident, however, is an unfortunate reminder that almost anything compressed and stored in metal cylinders has the potential to explode, often with tragic consequences, even medical devices designed, in the first instance, to save lives.

As the previous paragraph indicates, the laws governing Portland and other Oregon industrial accidents can be complex. A Portland industrial accidents lawyer can offer valuable assistance to anyone coping with the sometimes confusing world of law and the courts. Everyone has a right to justice in the wake of an industrial accident. Courts are here to help protect everyone’s rights. Attorneys are here to act as guides and advisors throughout the process.

The Oregonian: Family of worker badly hurt in Hillsboro explosion ‘hoping for the best’

Oregon Home Explosion Leaves More Questions then Answers

Fri, 06 Apr 2012 16:47:24 -0800

The explosion of a mobile home in Damascus, Oregon has raised numerous questions, even as seven families struggle with its aftermath, according to The Oregonian. The newspaper reports that the families are currently being helped by the Red Cross.

Their homes were damaged after a nearby mobile home exploded for reasons that remain unclear. According to the newspaper “the blast damaged a water main that serves about 30 people who live in the mobile home development.” Investigators have ruled out a natural gas leak as the cause of the Oregon explosion, but have few answers beyond that.

“At this point, you can’t rule anything out,” a Clackamas Fire District spokesman told The Oregonian. “There are still all kinds of possibilities – and combinations of possibilities – so we don’t want to speculate.” What is certain is that the damage caused by this catastrophic accident will disrupt many lives for some time to come. The inside of the mobile home that exploded was unoccupied, but a man who was sitting on the unit’s porch was badly burned.

From a Portland injury lawyer’s perspective, it is especially important that the authorities have all the time they need to investigate incidents like this – a thorough investigation can do much to determine the cause of the Oregon explosion, and to examine whether its cause can be traced to an industrial accident or some other form of negligence. It is important to remember that maintaining industrial equipment is an owner’s responsibility, and that manufacturers must also provide products that are safe as well as instructions for their appropriate use. For now, however, only when we really know what happened in that Damascus, Oregon mobile home park can we begin to consider the best ways to keep anything similar from ever happening again.

The Oregonian: Cause of mobile home explosion near Damascus still unclear

National Window Safety Week

Sat, 31 Mar 2012 08:49:21 -0800

Tomorrow, April 1, marks the beginning of National Window Safety Week. I’ve written about the dangers of open windows on several occasions in the past, notably last summer when there was a spate of Oregon injuries to children stemming from open-window accidents in the Portland area. In one particularly disturbing incident a toddler in Southeast Portland suffered a skull fracture after falling from a second-story window.

Raising awareness, and stopping preventable accidents like this, are the goals of National Window Safety Week, which is organized by Safe Kids USA (see link below).

A key element of awareness – one that should be emphasized to every parent of a small child – is the fact that screen windows offer only a false sense of security. As the Safe Kids website says: “screens keep bugs out, not kids in.” To ensure that children do not press on screens and tumble through the window, “window guards should be installed to prevent the little ones from being able to fall outside. They are easy to install and should have a release mechanism in the event of an emergency or the need to move to another window,” the website states.

Safe Kids, through both its national website and its Oregon and Washington chapters, offers numerous useful tips on this and many other important aspects of child safety. Preventing injuries to Oregon’s children should be a priority for all of us: Oregon child injury attorneys, families and neighbors alike. Raising awareness with events like National Window Safety Week is important, but the real work goes on every week of the year.

SafeKids USA: News release regarding National Window Safety Week

Industrial Accident Claims Raised by Crane Collapse Case

Thu, 29 Mar 2012 22:27:40 -0800

A lengthy piece published this week in the New York Times tells the sad story of a 2008 industrial accident in Manhattan and the chain of events leading up to it. It is a story of corners cut and the fatal consequences that followed: of an American employer desperate to lower costs, a Chinese supplier making inflated claims for its products and due diligence that was never done.

The fatal accident involved a construction crane that collapsed at a building site on New York’s Upper West Side as a result of a faulty weld on the crane’s turntable. As the Times notes, there has been much testimony at the manslaughter trial of the crane’s owner “about the failed weld… and how the Chinese company was unable to satisfactorily perform a vital weld on the turntable. But little has been said about another aspect of the company: its description of itself was largely inflated or simply not true.”

As the newspaper goes on to report, the Chinese company, RTR Bearing Company Limited, claimed to have a 10-year history of high-end industrial work around the globe and to employ 109 people in two factories and a quality control center. In fact, the company was barely six months old when first contacted by the New York firm that eventually bought its crane, and appears to have been little more than a 3rd party marketer of other Chinese manufacturers’ goods. In an affidavit in a related civil suit, the company’s founder acknowledged that RTR actually employs only seven people, none of them engineers, and “has no factory and does no manufacturing,” the paper reports.

Were the crane’s collapse to have happened in Oregon there is little doubt that it would fit our state’s definition of an Oregon industrial accident. Employers have an obligation to provide their employees with a safe working environment – an obligation that includes ensuring that the equipment the company purchases or leases is appropriate to the task at hand, safe to use and properly maintained. Due diligence can’t stop at a question of whether a supplier will deliver on time and deliver what was ordered. It also includes making sure that the ordered items or equipment were right for the job, that the company supplying the goods is who they say they are and that equipment is properly maintained.

The Times piece tells the story of a fatal accident made more tragic by its preventability. As an Oregon industrial accident attorney this is a tale one hears all too often. When it is told, however, it is always useful to add that those who suffer do have remedies open to them, and that our courts are here to help right the wrongs created by over-eager businesses.

New York Times: In 2008 Crane Collapse, Scrutiny on Supplier of Part

Oregon Marks Poison Prevention Week

Sat, 24 Mar 2012 13:21:03 -0800

I could not let this week come to an end without taking note of the fact that it has been National Poison Prevention Week. The March 18-24 period was marked by events here in Oregon and across the country designed to raise awareness of the dangers poisons pose to children. Safe Kids Oregon and the Oregon Poison Center were the main organizers here in the state. 2012 marks the 50th anniversary of National Poison Prevention Week, which was first designated by Congress in the early 1960s.

The issues we consider during this time are important. As a news release from Safe Kids Oregon notes, “more than 90% of poisonings happen in people’s homes.” Adding that each year around 100 children aged 14 or under die from unintentional poisoning. More alarmingly, the release states that “approximately one-half of all poison-related calls to the Oregon Poison Center have to do with children ages 5 and under.”

Even more worrying is the revelation that “the greatest portion of these calls involve drugs like pain relievers.” This is noteworthy because many of us, when we think of children and accidental poisoning in the home, think of cleaning or pest control products. It is useful to be reminded that common medications can be just as deadly, especially where small children are concerned.

Oregon child injuries can come in many forms, and it is sad, but necessary, to remind ourselves that they can happen almost anywhere. It has been nearly 40 years since child-resistant caps became the norm on medicine bottles, but even they cannot prevent every child from getting into every dangerous product. As Oregon Safe Kids notes, it is important for all parents to keep the poison control center’s toll-free number – 1-800-222-1222 – next to the phone.

When tragedy does strike an Oregon child injuries attorney can often offer essential advice and assistance in dealing with the aftermath. The goal of Oregon Poison Prevention Week, however, is to help ensure that such calls and consultations never need to be made in the first place.

SafeKids Oregon Website

Discussing the Best Way to Mix Bikes and Cars on Oregon’s Streets

Mon, 19 Mar 2012 15:29:50 -0800

The New York Times’ online forum for expert discussion, “Room for Debate,” recently published an excellent look at bike-versus-car issues. While the debate was understandably somewhat New York-centric, it raised a number of interesting points that merit some thought on our part here in Oregon.

Portland, of course, has a far more bicycle-friendly reputation than New York City. As we have seen on too many occasions, however, that fact alone is not enough to ensure that urban bike riding here in Oregon is as safe as it ought to be, or that Portland bike and car accidents become as rare and unusual as they should.

As one of the participants, author Peter Calthorpe, writes “The answers are simple: create safe bike lanes, generous pedestrian spaces, visible, and short crossings and narrow car lanes to slow traffic.” As he readily acknowledges, this is easier said than done. It is important, though, to remember that this discussion is far from theoretical. As another participant, Yale Law School professor Tracey Meares, notes, on taking over as Miami police chief a few years ago John Timoney discovered “that vehicular homicides outnumbered ‘regular’ homicides.”

Timoney’s solution was greater enforcement of traffic regulations, understanding, as yet another Room for Debate contributor notes, that “what often matters in reducing traffic violations is not punitive action per se, but simply the process of being pulled over and receiving the warning. This imparts the idea that the driver has violated some community norm and reminds him that there are police looking after those norms.” Even in a city as bike-friendly as Portland, this is sound advice.

The idea, in short, is to create an urban space that works for bikes, pedestrians and cars alike.

We can all take pride in the degree to which Portland is environmentally-aware, but from the perspective of a Portland bicycle accidents attorney, it is also important to remember that responsibility exists at all levels. Drivers need to remember that bikes have as much right to be on the road as they do. Cyclists need to obey the rules of the road. And voters and urban planners alike need to acknowledge that bikes are a crucial part of our city landscapes here in Oregon, and move to make riding them as safe for everyone involved as driving a car – if not safer.

New York Times: Making Cities Safer for Cyclists and Pedestrians