Missouri Injury Lawyers Blog

Bicycling is a popular warm weather passtime that can be dangerous if proper safety precautions aren't taken. It is important to always wear a properly fitting bicycle helmet. It can significantly reduce the risk of traumatic brain injury by as much as 88% according to the Consumer Product Safety Commission (CPSC). More than half of all bicycle accident fatalities in the United States are attributed to head injuries.

To insure that you get a good fit on a bike, you may wish to check the bicycle helmet safety institute information on how to fit a bicycle helmet. You may also check with the vendor of the bicycle helmet or a reputable bicycle store to insure that your child has a good fitting bicycle helmet. It is also a good idea to make sure your helmet has not been recalled for defects by checking the
CPSC helmet recall list..

Traumatic brain injuries not only pose a significant risk of fatality, but also can lead to significant disability. The old saying that a pound of prevention is worth a pound of cure certainly applies to children wearing bicycle helmets.

Tatlow, Gump, Faiella & Wheelan, LLC wishes you a safe and happy summer.

The Missouri Child Identification Program, also known as MOCHIP, helps parents gather and prepare a packet of information to be used if their child ever goes missing. Program workers set up clinics at Masonic Lodges around the state. These information packets contain a photograph of the child, fingerprints, dental records and more and are provided at no cost to the parents. The packets also contain a disc that the police can upload directly into the Missouri Amber Alert system to help find a missing child.

To find a MOCHIP clinic near you, visit their website's calendar of events.

This week, the Wall Street Journal reported that more than one million baby slings made by Infantino were recalled Wednesday after claims linking them to three infant deaths. The U.S. Consumer Product Safety Commission said babies could suffocate in the soft fabric slings.

The U.S. Consumer Product Safety Commission urges consumers to stop using the recalled slings immediately and contact Infantino to receive a free replacement product, with a choice of a Wrap & Tie infant carrier, or a 2 in 1 Shopping Cart Cover, or a 3 in 1 Grow & Play Activity Gym. A Jittery Pals Rattle will also be provided. Contact Infantino toll-free at (866) 860-1361 between 8 a.m. and 4 p.m. PT Monday through Friday, or visit the firm's Web site at www.infantino.com.

Continue reading "Baby Slings Recalled After Three Deaths" »

In what appears to be possibly the worst case of child sexual abuse by a physician in American history, Dr. Earl Bradley, a pediatrician formerly practicing in Lewes, Delaware, has been indicted on 103 counts of sexually abusing children who were patients of his practice. Since 2007, Dr. Bradley has been filming sexual acts with children in his exam rooms, some as young as 3 months old.

Multplie lawsuits have been filed against Dr. Bradley, and also against the Beebe Medical Center where he practiced for failure to report suspicisons of abuse to the appropriate licensing board. According to a current investigation by the Delaware Attorney General, it appears that as far back as 2004, the Delaware Board of Medical Practice may actually have been aware of Dr. Bradley being possibly unfit to practice.

The holidays are upon us and it is likely that you or your family members will be traveling on Missouri highways. While holiday celebrations with family and friends are often anticipated with much excitement and joy, many families unfortunately experience tragedy during this time of year when loved ones are killed or injured in traffic accidents during the holiday season.

This season often ushers in inclement weather along with increased traffic. Drivers need to be especially mindful of actions that will make their holiday travel safer.

• Make sure your vehicle is in proper working order before your trip. This includes checking fluid levels, making sure windshield wipers are working well and tires are properly inflated. Make sure you have plenty of gas.


• Always use seat belts and make sure young children are properly restrained in car safety seats. Remember, the back seat is usually the safest place for children of any age to ride.


• Be flexible in your travel plans and be aware of changing weather conditions and peak traffic hours. Don't hesitate to change your travel plans if conditions warrant it--The safety of your family is of utmost importance!


• Stay alert and take plenty of breaks. Many accidents are caused by fatigue and inattention.


• Keep your speed down and make sure there is plenty of space between you and other vehicles around you to allow adequate reaction time. Try to let impatient and aggressive drivers around you.


• If your holiday event will involve alcohol, choose a designated driver who will remain alcohol free. If you are the host, please make sure your guests have safe and alcohol free travel arrangements.


• Make sure to carry an emergency kit in your car. Some recommended items include a flashlight, blankets, and a small shovel.


• If you must use your cell phone, pull off the road and be aware of traffic around you.

Continue reading "Drive Safely This Holiday Season!" »

Toy R Us, with locations in St. Louis, Kansas City, Columbia, Springfield and Joplin, Missouri has taken action to help prevent personal injury to children. Toys R Us in a display of corporate responsibility and positive community action will allow consumers to trade in used cribs, car seats and other baby products for discounts on new items in those categories. As reported in the Wall Street Journal article, Toys 'R' Us Offers Discounts In Exchange for Used Items Toys R Us was acting because of the large number of recalls in these product categories. This effort will certainly help reduce the number of products that are sold as used that may be unsafe or even defective and subject to recall. This effort by Toys R Us will hopefully result in other businesses taking a proactive approach to safety.

Missouri parents should check the Consumer Product Safety Commission (CSPC) web site prior to buying any crib, car seat or other similar child products to see if there has been reports of injury or recall related to the brand and model at issue. Parents who discover an unsafe condition can also report this through the CSPC web site, which will help prevent personal injury to other children.

If you have experienced the tragedy of your child having been seriously injured or killed by an unsafe product then you may have a claim for personal injuries or wrongful death.

Missouri law allows a person capable of proving harm as a result of a defective product to recover. Typically these cases are brought under three primary legal theories: strict liability, negligence and breach of implied warranty.

To recover under a strict product legal theory the injured party must prove that the defendant sold the product, that the product was in a defective condition unreasonably dangerous when put to a reasonably anticipated use, that the product was used in a manner reasonable anticipated and that injury was suffered as a direct result of the defective condition.

To recover under a negligence theory the injured party must prove that the defendant sold or furnished the product, that the product was dangerous for its reasonably anticipated use, that the product was used as reasonable anticipated, that defendant knew or by use of ordinary care could have known of the dangerous condition, that the defendant failed to warn of the condition, that the defendant was thereby negligent and that the injured party suffered damages.

Continue reading "Missouri Parents Get Discounts for Trading In Unsafe Products" »