Articles Posted in Legal

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One weekday last month in Portland, Oregon, a boarded-up, vacant home burned down in the southeast section of town. Firefighters responded to the home just before 4 p.m. on a Monday to find the house, located at the end of a road, in flames. To minimize the risk of injury, the firefighters went on the defensive and were able to take control of the flames within 10 minutes, said the fire & rescue battalion chief.

Neighbors told firefighters there had been an increase in transient activity at this home and at another abandoned home nearby. Authorities have not yet determined the cause of the fire, but estimated that the house suffered about $10,000 in damage.

By itself, this incident is not much news to report on. But consider this: It’s just the latest in a string of fires in abandoned homes, not just in the Portland area but nationwide as well. For instance, there were four fires in abandoned homes in just two months in Flint, Michigan–all on the same block. And with the number of home foreclosures sure to be high for the foreseeable future, these types of fires are not going to lessen unless precautions are taken by those responsible for the house.

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On September 13, 2011, a 46-year-old man working at an alloy plant in Ottawa, Canada, was rushed to a hospital with second degree burns and third degree burns over 30 percent of his body, after being caught in a dust explosion and fire.

Local firefighters evacuated a warehouse at Masterloy Products Co. following an explosion that occurred in the plant’s dust collection unit, near a door. A burnt-out forklift was located next to the door at the time of the first explosion, and could have been the source of a second explosion. While a hazardous materials unit was dispatched to the blaze, no toxins were found at the site, which is fortunate for other workers who possibly were exposed to smoke inhalation.

The injured worker suffered second degree burns on his torso and third degree burns on his legs and back, said a paramedic team spokeswoman. He was taken to the trauma unit at The Ottawa Hospital, where his condition was listed as serious. The man was scheduled to be transported to a burn unit shortly thereafter. The paramedic spokesman added that the man may have also suffered a blast injury, which could have caused internal injuries to the man’s organs.

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In Mountain View, CA, a year of fund-raising led recently to the moment where a check was presented to the Alisa Ann Ruch Burn Foundation (AARBF), during the annual Peninsula Firefighters Burn Relay.

“This is a major support for us, besides the work of the volunteers and their coming to the Champ Camp,” said Sarah Burton, director of programs for the foundation. Champ Camp is one of many residential burn camps nationwide that help kids ages five to 16 who have suffered severe burns. “It goes beyond the monetary donation,” she added. “The support of the Mountain View Fire Department through money and time has been phenomenal.”

Members of MVFD’s Engine 2 and the MV Fire Associates gathered on August 18 to present checks totaling $13,600 to the AARBF. According to a department spokesperson, the funds are raised from the annual MVFD pancake breakfast and through individual donations.

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Over the past month, there have been so many stories about people who died in the September 11, 2001 terrorist attacks in New York and Washington. But here is a story that appeared in the New York Daily News recently that is an excellent example of a survivor who is getting on with his life, and all burn victims can learn from him as they fight to get through their physical and psychological injuries.

Tax lawyer Harry Waizer was ready to get to work when he took the elevator up to his World Trade Center office just before 8:46 a.m. on September 11, 2001. Harry was 50 years old at the time, and the father of three children. If he had been just two minutes later to work that day, he would have been able to go home that night and tell his family how he escaped. Instead, he became a victim of severe burns that affect him 10 years later, and which will affect him his whole life.

Harry managed to get out of the building a few minutes after the first plane struck his building, but he was severely injured by fire across his entire body. When the plane hit the top of the building, the elevator he was riding in suddenly went into a freefall and burst into flames–not once, but twice.

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A lawsuit has been filed by the parents of a Texas teenager who suffered severe burns that were allegedly caused by a defective gas container.

The lawsuit was filed by Kenneth and Pam Crouch on behalf of their daughter, Brooke Crouch, on July 29 in the Eastern District of Texas, against Blitz U.S.A. Inc.

According to the complaint, a friend of Brooke attempted to reignite a campfire by pouring gasoline on it from a Blitz gas can. When the vapors outside the can ignited, it caused the can to explode, causing Brooke to suffer third-degree burns.

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A case is making its way through the Iowa civil courts this month that involves the potential legal liability of a day-care center where a toddler suffered severe burns.

The parents and grandmother of the severely burned toddler have sued the owners of an Ankeny, IA child-care center, accusing the couple of “willful and wanton disregard for the rights or safety” of a boy whose diaper was changed within reach of a crock pot filled with very hot water.

Polk County court papers filed earlier this week accuse Bryan and Sue Jansen, owners of a company doing business as Ankeny Christian Child Care, of negligence for leaving the container within reach of where Seth Brown was having his diaper changed on Aug. 20, 2009.

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In St. Paul, MN last month, a 19-year-old man named Antoine Willis was physically and psychologically injured when his mother’s boyfriend deliberately set him on fire after an argument.

Much of his body still hurts from the severe burns he suffered, and Antoine still has nightmares about the attack. “Sometimes I’m even scared to go to sleep because I feel like he is going to try and come back and finish what he started. It hurts, emotionally and physically,” Antoine said. He has these nightmares even though the mother’s boyfriend is still in jail.

But while the severe burns slowly heal, Antoine recently suffered a new wound. Money from a bank account that was set up to help him pay for medical bills has gone missing. Antoine believes that his uncle and his mother are responsible for the money being gone. More than $4,000 was donated by strangers who wanted to help Antoine, but now at least $2,000 is missing.

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Here are just two more examples of families suffering the mental anguish of an injured child because of a single moment of carelessness:

First, a toddler in a home outside Atlanta had to be flown to a burn unit at a hospital in the city after being scalded by a bowl of Ramen noodles she pulled off a table. The Times of Gainesville reported a helicopter took the 14-month-old girl to Grady Memorial Hospital. A county sheriff said the little girl suffered severe burns to her upper chest and abdomen, but that she’s expected to survive.

The sheriff added the girl was being cared for by a babysitter at the home when the incident happened around lunchtime. The family might now investigate whether the babysitter has legal liability for the toddler’s injuries.

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In late May in Gallatin, TN, three workers were critically burned in a fire at a chemical plant where a flash fire in January had already killed two workers–one of whom succumbed to his third-degree burns just one week before this latest fire.

This most recent accident injured five workers, and was the third incident this year at the Hoeganaes Corp. plant. The facility employs about 175 people making metal powders for automotive and industrial uses. The two previous accidents occurred after flammable dust accumulated in the air and combusted, according to the U.S. Chemical Safety Board, which investigated the flash fires and released the findings two weeks ago.

In a news release, Investigator-in-Charge Johnnie Banks criticized the company for knowing of the danger the dust posed and not adequately addressing it. When his team inspected the plant, it found 2- to 3-inch layers of dust on surfaces throughout the facility and dust was visible in the air, according to the release. Banks is leading the investigation of the latest accident to determine its cause.

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In addition to the tragic shopping-mall and nightclub fires I detailed in my last blog entry on April 11, this next story should be a lesson to anyone about thinking of fire safety wherever you are. When at home, you simply must check all possible means of escape on a regular basis to make sure they are free of obstructions and can be opened, in case a fire ever happens.

This story appeared in the Des Moines Register newspaper on April 2:

Sieh and Annie Toffoi were getting ready for bed when the floor in their second-story apartment began burning their feet. No smoke alarms went off in the apartment to alert the couple a fire was raging below, according to a wrongful death lawsuit filed in early April in Polk County, Iowa, District Court.

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