Staten Island Injury Law : New York Personal Injury Lawyer & Attorney : Frank Dito : Decker, Decker, Dito & Internicola Law Firm : Traffic Accidents, Transportation Safety

Driving around Staten Island today, I was behind a yellow school bus. Since it was around 1:00 p.m., the bus was empty as most students were still in school. What I noticed was the small sign that was hung outward on the back window, alerting drivers that the bus had been checked for sleeping children. The sign law was enacted after numerous New York City school children, some as young as 2-years of age, were left asleep and alone on a school bus after the driver and matron failed to properly check the bus at the end of the day. Checking the bus for sleeping children seems so logical that you would hardly think a sign would be necessary, but it is.

The next problem that we face is bus drivers and matrons leaving the sign on the back of the bus ALL OF THE TIME. I know that I have driven behind a school bus fully occupied by children but having the sign that says its was checked for sleeping children. The purpose of the sign is to force the bus driver or matron to walk to the back of the bus to put the sign on, almost forcing them to look through each row for sleeping children. Having the sign permanently affixed defeats the entire purpose and makes for forgetting a sleeping child possible again.

If you are riding behind a bus that clearly has children inside and the "checked for children" sign is up, call the bus operating company and report what you have seen. Its the only way to make sure that the sign requirement is working, without the unfortunate happening of a child left on board. Its about 34 degrees in Staten Island today - would you want your child left on a cold bus?  

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The economic crisis that has brought about the unprecedented foreclosure rates on Staten Island homes has also brought about unexpected dangers. A foreclosed Sea View house was recently in the news for having a green scum filled swimming pool, with a dead cat floating on top, in the backyard. The home was foreclosed and purchased by Consumer Solutions REO, LLC, a Colorado based company that specializes in purchasing foreclosures. Despite the fact that they have owned the home since September 14, 2009, the pool was allowed to remain filled with water and the overall condition of the property deteriorated. 

The standing water in the pool is a nuisance and hazard for the neighbors surrounding the home. Besides the possibility of West Nile virus-bearing mosquito's breeding in the water, the unkept grounds invite infestation by rats, mice and other bugs. The rodents and pests can work their way into adjoining homes, requiring the expense of an exterminator to control the infestation. The City of New York has cut 57 out of 84 full-time employees from their rat control services.

Also, an abandoned, unsecured house invites children to play, sometimes with deadly consequences. An unattended swimming pool invites children to play around it, creating a danger if they happen to fall in, and possibly providing no way to get themselves out in the absence of a ladder. If you have an abandoned or foreclosed house in your neighborhood that is in need of repair or maintenance, call 311. The City will send out inspectors to determine if the house poses any dangers to area residents. Make sure that your children are aware of the dangers that the backyard pool poses. If the fence surrounding the pool isn't locked, buy a lock and it put it on the fence yourself. The few dollars that you will spend for the lock is such a cheap cost for the peace of mind that it will bring. If the owners of the property are not willing to take responsibility, I would have no problem making sure that my house, and my neighbors, is safe for my children to play outside.

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This Sunday, the final part of the groundbreaking "Leandra's Law" is taking effect. Leandra's Law was named after Leandra Rosado, an 11-year old girl who was killed in a drunk driving accident in 2009. Little Leandra was a passenger in a car driven by a family friend, Carmen Huertas, who was drunk at the time, lost control, killing Leandra. The law, described as the toughest in the nation, makes it a felony to drive drunk with a child under 15 years of age in the car. The second part of the law will require that anyone convicted of a DWI, even a first time offender, will be required to install and maintain and ignition interlock that will prevent the car from being started if the driver has been drinking.

My question is what took so long? The bill was stalled in the New York State Senate, where a weaker bill was preferred, until public outcry convinced the legislature that the tougher version needed to become law. If one child could have been saved in the time that the bill was stalled, we are already too late. Who do we protect by not passing the bill? Drunk parents? Bars? Aren't we supposed to protect those that can't protect themselves?

If a parent drives drunk with a young child in their car, they obviously aren't able to make rational decisions. Since they cannot protect the young child, we have to. I haven't looked and don't really want to know the actual numbers of repeat DWI offenders, let alone the number that have caused serious injuries or death to innocent pedestrians, driver's and passengers on a second or third offense. These laws were brought about by the deaths of young children, and hundreds of others who were victims of drunk drivers. We need to move quickly to address the causes of these crimes and how to prevent them. This is only a first step but we have to start somewhere.

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An 8-year old Staten Island boy, Tony Li, drowned in a Super 8 Motel swimming pool Monday night in Plattsburgh, New York. The child was swimming in the pool with his older sister, who also didn't know how to swim. Tony somehow found his way from the shallow, 3-foot end to the deeper, 6-foot end of the pool. When he began to flounder, his older sister tried to help but couldn't save him. The boy was pulled from the water and CPR administered but he was unable to be revived.

The news reports have not made clear if a lifeguard was on duty or what signs, if any, were posted warning of the dangers and that there was no lifeguard on duty. In New York City, the Department of Health and Mental Hygiene mandates strict supervision at pool facilities, both for physical safety and water quality. Outside of New York City, a lifeguard is not required to be present. The New York State Attorney General's office and the New York State Department of Health have published a disclaimer for hotel operators titled "Use of Our Swimming Facilities." The disclaimer notifies hotel guests that the pool is not supervised by a lifeguard, instead, they have established a series of safeguards. The best recommendation in the disclaimer is that there is no substitute for adequate supervision. The disclaimer suggests that a minimum of two adults, 18 years of age or older, be present whenever the pool is in use and that children under 16 years of age be accompanied by a parent or guardian. The hotel guest is required to acknowledge the information contained in the disclaimer before being allowed to use the pool.

Please make sure that our children are properly supervised whenever they are in the pool or the ocean. The Centers for Disease Control recommends (pdf) that children, even toddlers and young children, learn to swim. In fact, the New York City Parks Department provides free swimming lessons at local Staten Island pools. Drowning is the leading cause of all deaths for children 1 to 4 years old. In nearly 9 out of 10 child drowning-related deaths, a parent or guardian claimed to be supervising the child. If you are watching your child, don't be distracted by talking with friends, playing cards or other games or even talking on the phone. It only takes 20 seconds for a child to drown. Please give them your undivided attention when swimming by a pool or at the beach. Our children rely on us to protect them.

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The news reported on the tragic death of a 6-month old girl at the Central Park Zoo last week. The little girl's mother was also critically injured when a tree branch 30 feet above a busy path broke and fell on them while they were posing for a picture. This is the latest of a string of incidents that have occurred in the park over the last year. In February, a falling branch struck and killed a 46 year old man and last July another park visitor was struck by a falling tree branch, causing serious injuries.

The park has over 26,000 trees, a number which makes it impossible for every tree to be inspected, especially since the Central Park Conservancy, the group responsible for the maintenance of the trees in the park, spends around $500,000 annually on tree maintenance. Even when an inspection catches a tree that needs maintenance, the delay in taking action can be deadly. The tree that the branch fell from in the February accident was targeted as a danger in December of 2009. Not until after the fatal accident was it actually removed. It's limbs were weakened by the weight of a recent snowstorm.

What is especially troubling is that it is not clear who is responsible for the maintenance of these trees. The branch that fell at the zoo belonged to a tree that either the Wildlife Conservation Society, which operates the zoo, or the Central Park Conservancy was required to maintain.  The lack of clear responsibility usually means that some trees are being overlooked, turning them into potentially deadly time bombs.

At Clove Lakes Park on Staten Island, another frightening accident occurred when a U.S Marine Corps V-22 Osprey, a hybrid airplane/helicopter, blew down tree branches while it was performing maneuvers for a Memorial Day air show. The branches injured over a dozen people. In this incident, the branches that fell were not weakened but blown down by the force of the blast. The trees in the park are the responsibility of the New York City Parks Department and a quick search of the Internet did not produce any reports of falling tree branch injuries in Clove Lakes park.

When you are outside, be aware of the weather. Although these accidents do not appear to weather related, a strong, gusty summer thunderstorm can cause a branch to fall down. When you are caught in a thunderstorm, don't hide under a tree. Despite the increased chance of the tree being struck by lightning, the chance of a falling limb dramatically increases. If you have any large trees that adjoin your property, it is a good idea to have them examined and pruned by a professional tree company. If you wait to find out that your tree is weakened, its usually after a large branch has fallen, possibly causing a serious injury to your family, your guests or your neighbors.

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Summer time is here. With heat indexes reaching into the triple digits, many on Staten Island are struggling to cope with the heat. Along with the warmer temperatures, a new danger rises at this time of year - children and open windows. Recently, a 2-year old boy fell three stories from his Manhattan apartment building. The apartment where this child lived did not have window guards installed, an apparent violation of the New York City law. Miraculously, he survived but many other children are not so fortunate.

If some of you think that window screens will help prevent a fall, you are fatally mistaken. Many of you may have noticed the "warning tag" placed on most window screens. The warning clearly states that the screen will not prevent a child from falling out an open window. Screens are for keeping bugs out and not for preventing falls.

In New York City, if you live in a building that has 3 or more apartments and have a child under 10 years of age living with you, your landlord or management company MUST install window guards in every window of your apartment, even if you live on the first floor. Even if you live in a single family home, and you have young children or grandchildren, its a good idea to install window guards. The guards are around $60.00 - less than the price of a cup of coffee per day each month - and can be purchased on-line. Isn't your child worth the price?

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It’s undisputed that seat belts save lives and prevent serious injuries in car crashes. New York State requires that adults riding in the front seat wear seatbelts and children be in booster seats or child safety seats. Every child between the ages of 8 and 16 years of age must be restrained, no matter where they are sitting in the car. Much confusion exists as to what type of seat your child needs to be restrained in and until what age. Child safety seats are the most important piece of safety equipment that you have in your car. After all, they protect your greatest assets – your children. Never let your child ride in a car without being properly restrained. It’s the law. Following these rules will reduce the risk of your child being severely injured in a car accident in case you are ever involved in one. 

• Infants - you can place an infant in either an infant seat or a rear-facing convertible seat until they are at least a year old and weigh at least 20 lbs.
• Toddlers/Preschool age children - a child this age should be placed in either a rear-facing or forward-facing convertible car seat.  Children should stay in the convertible seat in its rear-facing position for as long as possible but after they are over a year old and over 20 lbs you have the option of turning the convertible car seat to face forward.
• School age children - starting at the age of 4 children who have outgrown their forward facing car seats and weigh more than 40 lbs can be put in a booster seat.  They must continue to use a booster seat until they are 8 years of age and are at least 4'9" in height or weigh 100 pounds. 
• Older children - once your child is old enough and fills the height and weight requirements to ride in the car without a booster seat they should continue to ride in the back seat of the car with a seat belt on until they are 13 years old. 

Despite the recommendations, you may be surprised to learn that the National Highway Traffic Safety Administration estimates that as many as 80% of child safety seats are improperly installed – that’s 8 in 10 seats! Take the time to read the instruction manual that came with the seat as well as your vehicle’s owner’s manual to familiarize yourself with proper installation.

Newer cars use terms like LATCH and Top Tether. LATCH is a standardized installation system for your child’s safety seat. LATCH stands for Lower Anchors and Tethers for CHildren.  LATCH includes two lower anchor attachments and a top tether.  Most people commonly refer to LATCH as the pair of fixed lower anchors built into the crack between the seat back and seat cushion.  These attachment points are specifically designed for child safety seat installation.  When used, the vehicle’s seatbelts are no longer necessary to install the child safety seat.  The idea is to make it easier to install child safety seats safely, and to make installation universal among child safety seats and vehicles and eliminate the variables involved in installing car safety seats with common seatbelts. LATCH can be found on infant seat bases, rear-facing, front-facing and combination booster seats that have an internal harness.  It requires a specific LATCH belt with two locking clips on the side. Some LATCH clips require that they be specifically installed on the driver’s side of the car so its important that you become familiar with your child’s safety seat.

A top tether (or top strap) is the supplemental attachment strap on the top of forward facing car seats but is not frequently used by consumers.  Top tethers can be used with either the seat belt or with the LATCH anchors. A top tether is an adjustable strap that connects the top of the child safety seat to an anchor point mounted in the vehicle behind the child safety seat, usually the shelf below the rear window or on the floor of the cargo area in many SUV’s.  The Top Tether is designed to prevent the forward movement of the top of a forward-facing child safety seat in a frontal crash.  This reduces the head movement of the child, and can reduce the chances of a severe injury. 

If you are still unsure if your child’s safety seat is properly installed, take the time to go to a local safety seat inspection location to have a professional check your child safety seat’s installation.  The safety check only takes about 15 minutes and best of all, its free.  To locate a safety seat inspection station you can enter your zip code or you can call 1-866-SEAT-CHECK.  Following these rules will reduce the risk of your child being severely injured in a car accident in case you are ever involved in one.

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