Halifax Personal Injury Lawyer Blog

Last week staff at Guangzhou Military District Hospital announced that Wang Yue had died of the injuries she suffered when she was run down in a hit and run collision in China.

The collision, which was caught on video by a security camera, has raised a storm of controversy around the world because while she lay bleeding in the street almost 20 people walk or drive by the little girl and ignore her.

The video has raised questions about cultural differences between China and North America, legal issues about so-called Good Samaritan laws and moral questions about personal autonomy and our obligations to others.

I have discussed these issues in detail in an article published on my Atlantic Canada Personal Injury Lawyer blog. Please take a look and tell me what you think.

According to a recent report from the Canadian Institute for Health Information an average of 45 Canadians are hospitalized every day in the summer as a result of injuries from wheel and water sports.

“Summer is a great time to be active and enjoy the outdoors, but it is also a peak period for motor vehicle injuries and trauma related to wheel and water sports,” said Greg Webster, director of Primary Health Care Information at CIHI.

CIHI has been collecting data for the last 10 years. Their investigation show that cycling injuries account for half of all sport and recreation related hospital admissions.

Thousands of Cycling Injuries Every Year

In 2009-2010 more than 4000 Canadians were hospitalized as a result of cycling injuries with almost half of those injuries occurring in the months of June, July and August.

Good News

The good news is that while the number of cycling injuries that resulted in hospitalization has remained stable over the last 10 years the number of head injuries has decreased significantly (from more than 900 to 665) for the same period.

Nova Scotia Among Fewest Injuries

When the data is broken down by province hospitalization results were highest in the west (British Columbia and Alberta) and lowest in Ontario and Nova Scotia. No doubt that has to do with Nova Scotia’s early adoption (in 1997) of mandatory helmet legislation. Reseach published by the Canadian Medical Association Journal suggested that the rate of cycling head injuries in Nova Scotia dropped by more than 50% after the introduction of the mandatory helmet law.

Public Education Still Needed

While the results are encouraging, Canadians still have a long way to go. The other night I was walking though Hemlock Ravine Park when a family (two adults and three children) rode by me on mountain bikes. All three of the children had helmets on but neither one of the adults did.

Another example of the old saying: “Do as I say, not as I do”. Perhaps mom and dad would be more likely to wear their helmets if they read the CIHI report that found that 78% of cyclists who were hospitalized with a head injury were not wearing their helmet when their injury occurred.

Have a safe day and enjoy what’s left of our summer.

The New York Times recently reported that 75 former professional football players from the NFL have filed a claim against the National Football League claiming the league was aware that concussions could cause long term brain injury and that the league failed to warn players and properly treat their injuries.

Recently there have been a number of stories in the media surrounding the dangers of concussion and minor traumatic brain injury. Mostly spurred by injuries to professional athletes. See for example:

Hockey Players Losing More Time Due To Concussions

Brain Injury Claims: Female athletes more susceptible to brain injury

25% of Junior Hockey Players Suffer Brain Injuries: Ontario Medical Study

Lawsuit First to Allege Conspriracy?

However, so far as I am aware, this is the first lawsuit to allege that any professional sport organization was aware of the long term dangers of concussions and concealed that information from athletes.

Recent Changes

There is no doubt that part of the NFL’s defense will be the recent efforts it has made to increase awareness of the dangers of concussions. However, the medical profession has known for decades that concussion can have serious long term consequences.

The long term consequences of concussion can be seen in the recent report that Sydney Crosby (who suffered a concussion last season) is still not certain if he will be able to return to play when the season opens this year.

Even more tragically, is the example of former Chicago Bears player David Duerson who committed suicide. An autopsy showed that he suffered from chronic traumatic encephalopathy (CTE) a medical condition brought on by repeated blows to the head. The condition is better known to the public as boxer’s dementia.

While there is no way to know what the outcome of the NFL brain litigation will be, I hope that it will at least have the effect of raising public awareness about the dangers of sports related concussions.

Brain Injury Litigation Challenging

Brain injuries can be difficult to detect and difficult to prove in personal injury claims. That’s one of the reasons why I wrote Brain Matter: The Survivor’s Guide to Brain Injury Claims.

I wrote the book to help educate the public about the challenges faced by survivors of traumatic brain injury. The book is for sale on Amazon.com and I am donating all of the proceeds of sales from Amazon to the Brain Injury Association of Nova Scotia.

However, I will send a copy of the book, at no charge, to anyone who contacts me through this blog, just put "Brain Matter" in the subject line and send me your mailing address.

Baby Dragged By Car

The Ottawa Citizen reported that a 6 month old boy suffered head injuries after being dragged 12 meters by the family car when it rolled backwards down their driveway after being knocked into gear by his 3 year old sister.

The infant's 14 year old sister was helping her mom get the family ready for a trip. The baby had been buckled into a car seat and the car seat was placed on the driveway beside the family car. The family’s 3 year old daughter was playing in the front seat of the car and managed to knock the car into gear. The car started rolling backwards and dragged the infant in his car seat for almost 12 meters. Media reports list the baby as being in stable but serious condition.

Unattended Children in Cars = Danger

This incident highlights all the many dangers that KidsandCars.org Canada have been trying to prevent. Leaving children unattended in a vehicle, even for a short period of time, can have unintended, and often tragic consequences.

And that’s why I have agreed to chair KidsandCars.org Canada! To help educate the public about the dangers automobiles can pose to our children and to lobby for better safety features in automotive vehicles.

Could it Happen to You?

Do you know if your car has the safety features that will prevent it from shifting into gear by mistake?

Here's how you can check to see if your vehicle can be shifted into gear accidentally. You want to make sure your vehicle has a “brake transmission shift interlock” (BTSI) that works in all shift positions.

6 Simple Steps:

1. Make sure your vehicle is parked on a flat surface;

2. Get in your car and put the emergency brake on;

3. Make sure no one is in front of or behind your vehicle;

4. Put the keys in the ignition in the off position;

5. Turn the key one click forward ;

6. Try to shift your vehicle into gear without putting your foot on the brake.

What Happened?

If your vehicle shifts into gear, then you do not have brake transmission shift interlock in that position. You should be aware that your vehicle can roll if it is accidently shifted into gear.

Try the same test in all key positions. If your vehicle shifts into gear without putting your foot on the brake, then your vehicle does not have BTSI at all!

Most vehicles manufactured today have BTSI in some positions but not all. The old saying goes, “an ounce of prevention is worth a pound of cure”. Simply knowing that your vehicle can accidently roll should make you more aware of the potential dangers to you and your children.

More Information

Formal Agreement Reached on Brake Transmission System Interlock

Automatic transmission cars can kill your child

A pediatric surgeon at the IWK Health Center, Dr. Natalie Yanchar recently completed a study comparing ATV related hospitalizations in the province for three years before Nova Scotia introduced restrictions on children driving ATVs and the three years since the legislation was put into place.

According to Dr. Yanchar’s study, ATV related hospitalizations dropped 38% since the new legislation was put in place and severe ATV related injuries dropped 75%.

In 2005 Nova Scotia enacted legislation requiring mandatory safety training for children. The legislation also prohibits children under the age of 14 from riding ATVs unless they are on closed courses. 14 and 15 year olds are able to ride ATVs while under parental supervision.

However, according to a report by CBC News, the ATV industry claims that the rate of injury has actually increased. The ATV industry claims that the number of ATV users has declined since the legislation was introduced. Therefore, the rate of injury has increased. However, the industry has not presented any statistics to back up their claims.

I have seen firsthand the debilitating injuries caused to young children as a result of ATV accidents. I supported Nova Scotia’s ATV legislation (and still do).

I think Dr. Yanchar’s study confirms what common sense says. The more training and supervision children receive in the use of ATVs the fewer injuries to children.

More Information

ATV's Pose Serious Risks to Children: Premier does a U-Turn

Concerned Familes for ATV Safety

Today I was interviewed as Chair of Kids and Cars Canada. The issue: The dangers of leaving children in hot cars and what can be done to prevent it. Should the conduct be criminalized or will better public education help?

You can listen to the interview and the calers comments by going to 570 News website and clicking on the link to the audio clip of the interview.

Leaving Kids in Hot Cars

The interview runs from 1:43 to 10:50 and the call in discussion runs until 20:55.

So what do you think? If a parent leaves their child in a hot car should they face criminal charges? Should car manufacturers be installing monitor - warning lights to alert drivers that there is someone in the back seat? Is public education the answer?

Please let me know what you think by posting a comment.

Yesterday I was interviewed as Chair of Kidsandcars.org - Canada, about the dangers of leaving children in cars during the hot summer months: A Hot Weekend Reminder for Parents

I have posted before about the dangers posed to children when they are left in cars. See for example: Child Safety: Sunny Days and Kids in Cars

On a sunny 25 degree day the temperature inside a locked car can rise to more than 100 degress in less than 5 minutes.

One of the safety tips that Kidsandcars.org Canada is a recommendation for bystanders:

If you see a child alone in a vehicle, get involved. If they are hot or seem sick, get them out as quickly as possible. Call 911 or your local emergency number immediately.

But sometimes that's easier to say than do. So that's why I wanted to post a link to this news story and to publically congratulate the passerby in British Columbia who decided to "get involved" when he saw a toddler locked inside a car on a hot day.

Passerby alerts police after spotting distressed toddler inside sun-baked SUV

This man didn't have to get involved. In fact, it probably would have been easier for him to carry on with his day. But by calling 911 to rescue this little girl he may have prevented a tragic death.

As part of my volunteer work with Kidsandcars.org - Canada I came across two recent media reports of children being injured due to car roll overs.

Child Hurt in Freak Accident

Father in Lumby Runs Over his Young Son Accidentally

A toddler was injured after being hit by a family vehicle in their driveway. Police say the father unhooked a trailer and pulled the truck forward at the same time the young child walked in front of the truck. The father did not know the child was there.

Worst Nightmare

Stories like these are every parents worst nightmare. But what struck me is the headline of the first story that referred to the incident as a "Freak Accident". But that implies that this type of injury is rare and unforseen.

Unfortunately that isn't the case. Every year, thousands of children are hurt or die because a driver moving forward didn't see them. The majority of these incidents take place, like the incident in Vancouver, in residential driveways or parking lots and are referred to as ‘frontovers.’

A "backover" injury usually takes place when a parent (or other driver) is backing out of a residential driveway or parking lot.

For example, in the U.S. at least fifty children are being backed over by vehicles EVERY week. Forty-eight (48) are treated in hospital emergency rooms and at least two (2) children are fatality injured every WEEK. The predominant age of victims is one year olds. (12‐23 months)
Over 60% of backing up incidents involved a larger size vehicle. Tragically, in over 70% of these incidents, a parent or close relative is behind the wheel.

Unfortunately I have seen for myself the catastrophic injuries that can be caused by inattention and lack of awareness. I represented the family of a toddler who suffered serious injuries after being hit by a car backing out of a parking spot: Boy pinned between cars awarded $1.4M

Kidsandcars.org - Canada

There are no reliable Canadian statistics for these types of incidents in Canada. That's because, until now, no one was paying attention! That's one of the reasons why I have agreed to Chair Kidsandcars.org - Canada . To help educate the public about these dangers and to try to help prevent these types of injuries in the future.

Want More Information?

If you want more information about Kidsandcars.org - Canada or how you can help, you can contact me through this blog or go to the website at kidsandcars.org.

Yesterday was the first sunny day we have had in what seems like months. I actually had to roll the windows down in my car driving home it was so hot.

By coincidence, Kids and Cars sent me a public service announcement yesterday reminding car owners of the dangers of leaving children unattended in cars.

So that's probably why this story Child in car on hot day: What was mom thinking? caught my attention today. Fortunately the child in this story wasn't hurt. But things could easily have turned out differently. Tragically so.

Through May 31 this year 8 children had already died in the United States from heat stroke in vehicles – close to the record-setting pace of 2010 when 49 infants and children died. Unfortunately there are no comparable statistics here in Canada because there is no one tracking this sort of vital information.

“It’s a record no one wants to see broken,” says Janette Fennell, founder and president of KidsAndCars.org, a nonprofit child safety organization working to prevent injuries and deaths of children in and around motor vehicles.

Heat More Dangerous to Children

A child’s body temperature climbs three to five times faster than an adult’s, especially in a hot car. In less than 30 minutes, the temperature inside a car can increase 35 degrees. An infant can die in as little as 15 minutes even on a pleasant 20 - degree day.

To prevent heat stroke deaths, Kids And Cars.org recommends learning the following mnemonic to help prevent heat stroke deaths: Be Safe

Back seat – Put something in the back seat so you have to open the door when leaving the vehicle – cell phone, employee badge, handbag, etc.

Every child should be correctly restrained in the back seat.

Stuffed animal – Move it from the car seat to the front seat to remind you when your baby is in the back seat.

Ask your child-care provider to call you within 10 minutes if your child hasn’t arrived on time.

Focus on driving – Avoid cell phone calls and texting while driving.

Every time you park your vehicle open the back door to make sure no one has been left behind.

I have met Janette and she is a passionate advocate for child safety. In fact, I was so impressed with the work, she and her organization have done that Arnold Pizzo McKiggan has partnered with Kids and Cars to create Kids and Cars Canada. If you would like more information, or want to know how you can help, feel free to contact us.

Bullying has been a problem that every generation has had to deal with.When I was a kid the “class bully” was usually a big child who used his physical size and strength to intimidate or hurt smaller or weaker classmates.

The explosive growth of texting and social networking sites like Facebook, My Space and Twitter allows any child to participate in a new form of bullying: “cyber bullying”.

What is it?

“Cyber bullying” describes the use of the internet, cellphones or other technology to send, post or text statements or images intended to hurt or embarrass another person. Indirect activities like posting rumors on a public website can also be acts of cyber bullying.

Cyber bullying has the potential to have greater impact than“traditional” bullying because of the public nature of the internet and the ease with which intimating and humiliating information can be distributed around the world with the touch of a button.

Anonymity

Cyber bullying is particularly difficult to stop because the bullies can hide behind the anonymity of the internet.

Real danger

If anyone doubts the damaging effects of cyber bullying one need only look to the recent tragic suicides of two Nova Scotia teens. Family members of the teens indicate the girls took their lives after being subjected to repeated harassment and intimidation by cyber bullies.

Task Force

The Nova Scotia government is taking the problem serious. They have hired respected law professor Wayne MacKay to chair a cyberbullying task force to provide the Department of Education with advice and recommendations about prevention.

Tips to Protect Your Child

Create limits: Have a discussion with your child about balancing the amount of time they spend online.Before letting your child to join a social networking site, consider requiring your child to provide you with the password so you can “check in” from time to time. Make sure the family computer is in a shared space. Consider using adult filtering software.

Communicate: Talk to your children about cyber bullying and what is and isn’t acceptable behavior.Teach your children that if they are the subject of online bullying they should not engage with their tormentor but rather tell an adult immediately. Let your child know that they won’t be punished or lose their computer privileges if they let you know what’s happening to them.

Know the Danger Signs: Declining grades, excuses to avoid school, insomnia, depression, stomach aches, headaches and social withdrawal may all be signs that your child is being bullied. Spending lots of time online or, at the other extreme, refusing to use the computer altogether may also be signs of a possible problem.

Private v. Public: Teach your children that whatever they post online can potentially be seen by anyone; and the information is there forever. Posting pictures, text messages, even supposedly private instant messaging conversations can be sent around the world at the click of a button. Personal information should never be shared on the internet without parental supervision.

Tell your kids to never share their passwords with anyone and to change them regularly.

Cyber bullying often takes the form of identity theft where the bully steals someone’s identity and goes online to post insulting or humiliating comments.

Teach Them Right From Wrong: This may sound so obvious that it doesn’t need stating. But the anonymity of the internet means bullies don’t see the pain that they cause their victims. This makes it easier to participate in conduct that your child would never do face to face. Explain to your children that words have the power to hurt and that no one has the right to hurt anyone else regardless of whether it’s done in person or over the internet.

Take Action: If you suspect your child is being bullied, listen carefully to what they are telling you and don’t minimize their pain. Forget the “sticks and stones” lecture. It didn't help when we were kids and it certainly doesn't work now. The humiliation and long lasting emotional pain from bullying is real, damaging and potentially life threatening.

If you suspect your child is being subjected to bullying, contact the authorities at their school to make them aware of the problem. If the threats are serious enough contact the police.

Further Resources

For more information you can contact the Canadian Centre for Child Protection at: www.thedoorthatsnotlocked.ca .

You can report online exploitation of children at: www.cybertip.ca.

Information for Teachers and Other Professionals Who Work With
Young People: www.antibullying.net