Charlotte Injury Attorney Blog

The dog days of summer have arrived in the Carolinas, and as much as we enjoy this laid-back season, by now our children have started getting a little restless. What's a parent to do? Many of us seek out festivals and events that we can enjoy with our family, and this time of year you usually can find a family-oriented festival or event in the Charlotte and surrounding area almost any weekend. But before you send your excited young one into the colorful bounce houses and inflatables that so frequently grace outdoor events, consider whether these attractions are actually safe.

As the popularity of inflatables has increased, the occurrence of injuries has also increased. Inflatables are often present at back-yard birthday parties as well as at carnivals and other events. These injuries can range from fairly minor, such as bumps and bruises, to devastating injuries, such as paralysis or even death. The Consumer Product Safety Commission reports that from 2003-2007, there were an estimated 31,069 inflatable-related injuries that were treated in emergency rooms. Of those injured, 85% were under the age of 16.

The nonprofit group RideAccidents.com tracks injuries and fatalities related to amusement rides. In the past two months, at least ten inflatables have either toppled or blown away, injuring more than 40 people, most of whom were children. In June, in Oceanside, N.Y., three inflatable castles were blown through the air after a gust of wind sent them aloft. Seventeen people were injured, including one who was hospitalized with critical injuries. In May, in Lyons, Illinois, eight children were sent to the hospital after falling from a height of 15 feet, landing on asphalt, when an inflatable slide collapsed at an elementary school. Usually, it's not a manufacturer's defect, but the way that the inflatable is set up or supervised that causes accidents. Jim Barber, a spokesman for the National Association of Amusement Ride Safety Officials, stated, "I wish this was a rarity, but it's not. These are probably the most dangerous amusement devices they have."

Tragically, some accidents have resulted in death. Some are cases of the customer's misuse and others are cases of the operator's neglect. In March, 2010, a 5-year old boy was killed when he fell from an inflatable and landed on a concrete floor, possibly as a result of users of vastly different ages and weights bouncing simultaneously, creating a potentially dangerous scenario. And in June, 2009, a Massachusetts operator was charged with manslaughter in the death of a woman who fell from an inflatable climbing wall. The Massachusetts Department of Public Safety stated that the company did not operate the attraction properly or properly train the attendant.

Most states have few or no guidelines regarding inflatable operators. In North Carolina, The Amusement Device Safety Act regulates operators of inflatables at amusement parks or carnival areas. These operators must have liability insurance for injuries to persons or property. The North Carolina Department of Labor's Elevator and Amusement Device Bureau has issued operating procedures for inflatable devices. As a safety-conscious parent, you may wish to read these guidelines which will give you valuable information on what safety procedures to look for at events that have inflatables, such as:

• Inflatables should not be operated when wind speeds are greater than 25 m.p.h.
• Only riders of the same size should be allowed on the inflatable at the same time.
• The rated capacity for the inflatable should not be exceeded.
• The operator of the inflatable should stay within close proximity to the entrance of the ride.
• The inflatable must be properly and securely anchored.

As your North Carolina and South Carolina Childhood Injuries and Personal Injury Law Firm, we encourage you to consider safety first to prevent accidents and provide your family with a fun inflatable ride experience this summer.

Spring is arriving in North Carolina, and along with the familiar sounds of birds singing and children playing, comes the familiar sound of lawn mowers humming. Like it or not, the chore of lawn care is a rite of spring. Alarmingly, at least 400,000 Americans each year seek medical treatment at hospitals as a result of injuries from the use of lawn and garden tools, and 80,000 of those injuries is a result of lawn mower accidents. Consumerwatch reports that the majority of those accidents involve adults over 60 and children under 15 years of age. According to the National Electronic Injury Surveillance System, 663,000 people were treated in emergency rooms as a result of injuries related to lawn mower use from 1996 to 2004. This accounts for approximately 2 out of every 1,000 emergency room visits. Most of us don't think of our lawn mower as being as dangerous as a loaded gun, but shockingly, this is equivalent to approximately half of the number of firearm-related injuries.

So while we are giving our lawn mowers a tune-up before we put them into use this spring, we should also give our lawn mower safety a tune-up and consider the following tips from the U.S. Consumer Safety Product Commission :

• Dress appropriately. Wear long pants and long-sleeved shirts. As tempting as it is to try to get a tan or stay cool while mowing, the most common injuries are a result of debris such a rock that is thrown by the mower's spinning blades. Also, don't wear baggy clothes or jewelry that can get caught in the machinery's moving parts. Wear sturdy shoes with slip-resistant soles, since the second most common injury is a fractured foot, and wear eye and hearing protection. It is also recommended to wear heavy gloves when working with sharp gardening tools or changing, cleaning or sharpening mower blades.
• Do a "sweep" of the yard. Before mowing or trimming, do a walk-thru of the yard, removing any objects such as sticks, rocks, power cords, toys, or any other objects that can be thrown by moving blades.
• Check safety devices. Make sure that the safety devices on your equipment are working properly before use.
• Keep children out of the area while a lawn mower is in use. Never let a child operate a mower, and teenagers should only operate a mower if they are supervised and have been given proper instruction and have the maturity and strength to properly control the mower or lawn equipment.
• Finally, make sure that equipment has been turned off, made inoperable, and stored properly after use.

As responsible homeowners, we take care to keep our lawns trimmed and well-maintained; but we are also responsible to keep ourselves, our family members, and our neighbors safe while we do so. As your Charlotte area Personal Injury and Products Liability Law Firm, we encourage you to always practice safety when caring for your lawn and garden, and we hope that you will enjoy spending time in the yard in which you've invested your time, money, and energy this spring.

November 17, 2010, Charlotte, N.C. - Vicki Brady stands next to our banner at the Ridge Road Middle School Athletic Fields. Principal Jametta Tanner wrote the following letter in appreciation of Osborne Law Firm's commitment to our schools:

May 4, 2010, Charlotte, N.C. - Vicki Brady (3rd from left) presents gift baskets donated by Osborne Law Firm to three lucky teachers at the Highland Creek Elementary School Teacher Appreciation Banquet. Ms. Brady also helped serve the teachers and staff during the luncheon that celebrated their dedication to our children in the Charlotte-Mecklenburg School district.

We're right in the middle of the holiday season, and for many of us, the holidays are not only joyful, but distracting. With all of the demands for our time and attention for things like shopping, wrapping presents, decorating our homes and yards, attending or throwing holiday parties, and planning for travel or hosting visiting family, we can become so overwhelmed that the last thing on our minds is fire safety. But during the holiday season, demands for our time and attention are not the only things on the increase. The holidays are also a time when there is an increase in house fires which are often caused by decorations, candles, Christmas trees, and fireplaces. According to the North Carolina Department of Crime Control & Public Safety , there is a fourfold increase in fires caused by candles during the holiday season, and there are approximately two hundred house fires per year that are started by Christmas trees. Statistically, house fires during this time of the year tragically kill five hundred people and injure two thousand, causing more than $500 million worth of damage each year. With this in mind, the Federal Emergency Management Agency (FEMA) and its U.S. Fire Administration offer these tips for fire prevention:

• To prevent fires started by Christmas trees, select a fresh tree with needles that are green and do not fall off easily. Dry trees can ignite easily and spread a fire to nearby combustible materials, so keep the tree in water at all times. Don't put the tree up too early or leave it up longer than two weeks and when placing the tree, choose a spot at least three feet away from heat sources such as a fireplace or heat vent. Use only nonflammable decorations, and if you're using an artificial tree, make sure that it's flame retardant.


• To prevent fires started by holiday lights, inspect lights before using them, looking for frayed wires, gaps in the insulation, broken or cracked sockets, and excessive wear. When purchasing lights, look for approval from a testing laboratory on the packaging and look for directions on how many strands may be linked together. If in doubt, don't link more than three strands, and avoid overloading electrical outlets, checking the wires occasionally, as they should not be warm to the touch. Always unplug lights before replacing light bulbs or fuses and be sure to unplug the lights when you're not at home or are sleeping.


• To prevent fires started by candles, avoid lighting candles if possible. Instead, consider using candle warmers that do not require a flame. If you do light candles, place them in stable holders in a location where they cannot be easily knocked over. Never leave lit candles unattended, never put candles on a Christmas tree, and never leave the house with candles burning. Be careful to place menorahs away from vents or flammable materials.


• To prevent fires started by fireplaces, have your chimney inspected at least once a year and have it cleaned if needed. Always use a fire screen and only burn material appropriate for a fireplace.

As your North and South Carolina Products Liability and Personal Injury Law Firm, we hope that these tips are helpful, and we wish you and your family a safe and joyful holiday season!

As we wake up to cooler mornings and colorful leaves on our neighborhood trees, one of the thoughts crossing our children's minds is: HALLOWEEN! Most parents are aware that precautions should be taken to ensure the safety of their children as they visit neighbors' homes in anticipation of a treat, but for drivers of vehicles navigating our streets, Halloween night is like an obstacle course. Everyone wants Halloween to be a fun and safe evening, so it is important for both trick-or-treaters and for drivers to be especially careful. According to Safe Kids USA , almost twice as many children are killed while trick-or-treating than any other day of the year.

Here are some tips for parents and children who are trick-or-treating:

• Use or decorate costumes with light-reflective stickers or tape.
• If possible, select costumes with light or bright colors.
• Use face paint instead of masks when possible. Masks can obstruct the wearer's vision.
• Children should carry flashlights or glow sticks so that they can be seen well by drivers.
• Sidewalks are abundant in Charlotte and Concord area neighborhoods, so make sure that your children understand that they are to stay on a sidewalk when travelling from house to house.
• As excited as the kids are, try to emphasis that they slow down when travelling from house to house.
• If you must cross a street, try to do so at a corner when drivers are more expectant of pedestrians crossing the street.

Here are some tips for drivers:

• Slow down! If you must travel on Halloween night, travel slowly on residential streets. The speed limit in many Charlotte and Concord neighborhoods is 25 mph. That is the maximum speed during optimal conditions. Driving at night, while excited children are out in force, is not optimal driving conditions. Travel below the speed limit.
• Remember that the most popular time for trick-or-treating, especially for the youngest children, begins at 5:30, during rush hour. Although drivers may be tired after work and anxious to get home, it is imperative that drivers be extra vigilant at this time.
• Remember that children are excited and may move and cross streets unpredictably and unexpectedly.
• Although talking on the phone while driving is discouraged under any conditions, using the phone should be avoided altogether while travelling on Halloween night. And of course, no texting.
• It would also be helpful to turn off the radio and open your window so that you can use your sense of hearing as well as sight.
• Be particularly careful when backing out of driveways.

As your Charlotte/Concord childhood injuries law firm, we'd like to remind parents, children, and drivers to follow these safety tips so that we can all have a fun-filled Halloween night!

September has arrived in North Carolina, and along with it, the promise of cooler weather as fall approaches in a few weeks. The hint of fall beckons us to come outdoors, and for many North Carolinians, this is motorcycle season! As vulnerable as you are in a car or truck, you are even more so on a motorcycle; therefore, safety is key.

State law requires the operator of a motorcycle to have a motorcycle endorsement on his or her driver's license. You obtain an endorsement by taking a knowledge test and an off-street motorcycle skills test. In addition, North Carolina law also requires motorcycle operators and passengers to wear a helmet that is in compliance with Federal Motor Vehicle Safety Standards. Such helmets will have the symbol "DOT" on the back of the helmet. According to the North Carolina Division of Transportation, one out of every five crashes results in head or neck injuries, and these injuries account for a majority of serious and fatal injuries. Some riders don't wear helmets because they think that their peripheral vision will be compromised by the helmet; however, an approved helmet will allow you to see as far to the side as is necessary for safety. In a study of more than 900 motorcycle crashes, there was not one case in which the rider was unable to spot danger due to wearing a helmet. For safety tips and facts, you can reference the NCDOT Motorcyclists' Handbook.

Some other interesting facts regarding motorcycle crashes:

• Most crashes happen within five miles after starting out.
• Most riders are travelling slower than 30 miles per hour when a crash occurs. In these instances, helmets can cut the number and severity of head injuries in half.
• Regardless of speed, helmeted riders are three times more likely to survive head injuries sustained in a crash.
• Although crashes are common among beginning drivers, more than half of all crashes occur on motorcycles that are new or unfamiliar to the driver.

As important as it is for motorcycle drivers to follow safety rules while sharing the road with other vehicles, drivers of those vehicles need to recognize that a motorcycle has the same rights and privileges on our roadways. Guidelines for "sharing the road" can be found at the National Highway Traffic Safety Administration . Here are some tips for drivers when sharing the road with a motorcycle:

• When travelling, do not share a lane with a motorcycle. Although it may seem like there is enough room, the motorcycle needs enough room to maneuver.
• Be careful when pulling out in front of an approaching motorcycle. Because it has a smaller profile, it is more difficult to judge the speed and distance of an oncoming motorcycle.
• Always use your turn signal when changing lanes. This allows the motorcyclist to anticipate the lane change and find a safe lane position.
• Motorcycle turn signals may not automatically turn off after a turn, so don't assume that a motorcycle with a flashing signal will make a turn.
• Motorcycles can stop more quickly than other vehicles, so allow at least an extra three to four seconds of following distance.
• Although a vehicle can go over a pothole or small debris on a roadway, these road conditions can be hazardous to a motorcyclist. Motorcycle riders may change position within a lane suddenly in order to avoid these hazards.

If both motorcyclists and drivers of other vehicles practice safety, we can all enjoy the beautiful North Carolina fall weather. As your Charlotte motorcycle accident law firm, we encourage everyone to "share the road."

It's almost time for our neighborhood children to return to school, so now is the perfect time to review some safety rules when driving in traffic with school buses. The North Carolina Department of Transportation-Division of Motor Vehicles-School Bus and Traffic Safety Section has designed a brochure to help explain the North Carolina School Bus Stop Law which is based on North Carolina General Statutes § 20-217. Briefly, when a school bus stops for passengers:

• On a two-lane roadway (with or without a center turning lane), all traffic from both directions must stop.


• On a roadway of four or more lanes, all traffic must stop, unless the roadway is divided by a center turning lane or median separation, in which case only the traffic following the bus must stop. Motorists must also remain stopped until the mechanical stop signal on the bus has been withdrawn, the flashing red stoplights on the bus have been turned off, and the bus has moved on.

It's also important to bear in mind that school bus drivers must follow rules of the road that differ from automobile drivers. For example, school buses cannot turn right on red, and buses must stop at all railroad crossings. Also remember that when travelling through a school zone, motorists must obey school crossing guards, who are considered traffic control officers, and must yield to pedestrians in crosswalks as well as on all turns at driveways and intersections.

Here are some interesting facts provided by Charlotte-Mecklenburg Schools Transportation Department:

• School buses across the United States travel approximately 4.3 billion miles/year. The fatality rate is 0.02/100,000,000 passenger miles, which makes school buses the safest form of ground transportation in the United States.


• Nationally, CMS is the 10th largest student transportation operation. In the 2008/2009 school year, CMS transported 86,500 students on 1,231 school buses daily and travelled more than 24 million miles over 546 square miles in Mecklenburg County.

With all of these rules and facts in mind, and to keep our children safe when being transported to and from school, it is best to exercise caution when sharing the road with school buses, particularly when a bus is stopped, or when you are driving though a school zone. As your North Carolina school bus accident law firm, we wish a safe school year for all of our children!

We are in the heart of the "dog days" of summer, and one way to beat the heat is by spending time enjoying the cool water on the numerous lakes and rivers in North Carolina and South Carolina. But building memories of fun times spent on the lake with friends and family depends on more than a boat and jet skis. Safety is key, whether you are in a boat or just taking a dip in the lake.

News reports of drowning victims occur with tragic frequency. Just this past weekend, two boys, reportedly ages 11 and 17, are presumed to have drowned while boating on Lake Norman. On May 30, in Denver, N.C., a 4-year old boy drowned after his parents removed his life vest when he went inside to use the restroom. He slipped back out of the house unnoticed and returned to the water where he drowned. On Lake Wylie, a 9-year old boy died after he fell off his family's boat. And on July 12, a 30-year old man died after having fallen off a pontoon boat on High Rock Lake. In South Carolina alone this year, at least eighteen people have died in boating-related accidents.

Even if you are a good swimmer, it is important to follow basic safety rules when boating or swimming. According to The North Carolina Wildlife Resources Commission, there are over 300,000 boats registered in N.C., and as of May 1, 2010, anyone under the age of 26 must complete a National Association of State Boating Law Administrators approved boating education course before they can operate any vessel with a ten horsepower motor or greater (N.C.G.S §75A-16.2). A boater education certificate is also required for children 14-16 years of age to operate a personal watercraft (PWC), such as a jet ski, unless they are accompanied on the watercraft by an adult. And no one under the age of 14 can operate a PWC at any time. In addition to these safety rules, all persons on a PWC must wear a life jacket at all times, and it is unlawful for anyone to operate a PWC between sunset and sunrise.

On boats, children under 13 years of age must wear a life jacket while the vessel is underway. Although boats anchored or tied to shore are not considered "under way," based on stories like the ones above, it would certainly be in the best interest of safety to make sure that children remain in life jackets even while the boat isn't underway. And a life jacket must be available on the vessel for each person 13 or over, either on the boat or being towed, such as on skis, tubes, or rafts.

If you are the operator of a vessel in an accident that involves a death or disappearance of a person from a vessel, you are required to contact the Wildlife Resources Commission immediately. You may read the North Carolina Vessel Operator's Guide to learn more about rules not only involving boats and PWC's, but also non-motorized vessels, such a sail boats, and rules regarding towing skiers.

As your Charlotte area boating accident law firm, we care about the safety of everyone who is on the water. So if you are planning to spend any time this summer on or near a body of water, think safety first, educate yourself on how to stay safe, and enjoy many hours spent with friends and family beating the heat on the beautiful waterways of both North Carolina and South Carolina.

Summer is here, and along with the warmer weather comes more time spent outdoors. Much of that time is spent walking or jogging along the miles of sidewalks and paths that many of our neighborhoods in Charlotte, Concord, and our surrounding cities have to offer. And upon the last dismissal bell of the school year, comes the throngs of school-aged children enjoying the long summer days riding their bikes with friends. With this in mind, it is especially important to think "safety first."

Under North Carolina law, pedestrians have the right of way at all intersections and driveways. However, pedestrians must act responsibly, using pedestrian signals where they are available. When crossing the road at any other point than a marked or unmarked crosswalk, a pedestrian has a legal duty to yield the right of way to all vehicles on the roadway.

In North Carolina, bicycles have the legal status of a vehicle. This means that bicyclists have full rights and responsibilities on the roadway and are subject to the regulations governing the operation of a motor vehicle. North Carolina traffic laws require bicyclists to:

• Ride on the right in the same direction as other traffic.


• Obey all traffic signs and signals.


• Use hand signals to communicate intended movements.


• Equip their bicycles with a front lamp visible from 300 feet and a rear reflector that is visible from a distance of 200 feet when riding at night.


• Wear a bicycle helmet on public roads, public paths and public rights-of-way if the bicyclist is under 16 years old (studies show that helmets prevent 60 percent of head injury deaths and reduce the overall risk of head injuries by 85 percent).


• Secure child passengers in a child seat or bicycle trailer if under 40 pounds or 40 inches.

Laws pertaining to the operation of a bicycle vary from state to state, however:

• Whether or not you ride single file, it is important to ride responsibly and courteously, so that cars may pass safely.


• Wearing headphones can be dangerous, and is not recommended. It is important to use all your senses to ensure your safety when riding in traffic.

So, have fun this summer! Enjoy the beautiful weather, whether by foot or by bike. But remember to think "safety first" whether for yourself or your child. And if you're driving a vehicle in one of our many neighborhoods, such as Highland Creek, Skybrook, and Lexington, be mindful of the increase in pedestrian and bicycle traffic, especially during the summer months.