Colorado Law Blog

When is a pig part of the family? According to the Alabama Supreme Court, when the animal is a “potbellied porcine pet” which the owner loves. The pig lover was brought to trial by neighbors claiming the pig, Taylor, violated neighborhood prohibitions against livestock. The court cited precedent that held that Vietnamese potbellied pigs are clearly not meant to be eaten like livestock, and all doubts and ambiguities in a restrictive covenant must be resolved against the party seeking enforcement. According to the court, this was not a case in which a family is treating a farm animal like a pet, such as Arnold, the pig of television’s Green Acres fame.

According to the pig’s owner, Vietnamese potbellied pigs are raised in the United States to be pets, not livestock. Their pedigrees are maintained, and purebred potbellies can be registered like thoroughbred dogs. The owner submitted to the court a videotape, “A Day in the Life of Taylor,” which shows the pig walking around the house, going up and down the stairs, eating her treats, getting her belly scratched, and doing tricks like sitting on command and performing “some sort of pig dance.” Taylor is even housebroken and has an igloo-shaped doghouse lined with handmade afghans, but apparently she sleeps indoors at night in her own bedroom. In a triumph for visual aids, the court stated, “Neighborhood dogs can be heard barking in the background of the tape, but with the exception of an oink, oink here and an oink, oink there, Taylor is quiet. There does not appear to be a rambunctious bone in her body.”

Certainly not the first case where an appellate court had to deal with piggish behavior, it is one of the few cases where the court seemed to have no trouble finding in favor of the pig.

Posted by Linda Chalat at 3:07 PM | Permalink | Comments (0) | TrackBacks (0)

Consumer Product Safety Council (CPSC) has reports of 20 toy-related deaths involving children under age 15 that occurred in 2005. Nine of these deaths occurred when a child choked or aspirated on a small ball or other toy parts. Also, in 2005 an estimated 152,400 children under 15 years old were treated for toy-related injuries in U.S. hospital emergency rooms. The majority of these injuries were not the result of a recalled or dangerous product. Instead, injuries from riding toys such as falls, made up a significant number of the injuries. To avoid such tragedies this holiday season, CPSC and the American Association of Retired Persons (AARP) are working together to make this holiday season a safe one by warning all gift givers about the five toy hazards that can take all the fun out of any celebration.

This holiday season, make your list and check it twice for gadgets and gizmos that could harm your child. CPSC is alwsys a good resource for parents and care givers who are preparing to shop for children’s presents. CPSC Acting Chairman Nancy Nord was joined this week at a press conference on toy safety in Washington, D.C. by Amy Goyer, National Coordinator, Grandparenting, AARP Foundation.

“AARP, which represents millions of older Americans with grandkids is an organization with a vital interest in toy safety,” said Ms. Nord. “We’re joining forces to make sure all toy shoppers are aware of this year’s top toy safety tips to help reduce injuries and deaths.”

Here are CPSC’s Top Safe Shopping Tips:

Magnets – For children under age six, avoid building sets with small magnets. If swallowed, serious injuries and/or death can occur.
Small Parts – For children younger than age three, avoid toys with small parts, which can cause choking.
Ride-on Toys – Riding toys, skateboards and in-line skates go fast and falls could be deadly. Helmets and safety gear should be sized to fit.
Projectile Toys – Projectile toys such as air rockets, darts and sling shots are for older children. Improper use of these toys can result in serious eye injuries.
Chargers and Adapters – Charging batteries should be supervised by adults. Chargers and adapters can pose thermal burn hazards to children.

CPSC also recommends that the purchaser carefully read the toy label. Look for toy labels that give age and safety recommendations and use that information as a guide.
Select toys to suit the age, abilities, skills and interest level of the intended child. Look for sturdy construction, such as tightly-secured eyes, noses and other potential small parts. And for all children under 8, avoid toys that have sharp edges and points.

Once the gifts are open, immediately discard plastic wrappings on toys before they become dangerous play things. Remember to keep toys appropriate for older children away from younger siblings or neighbors. Pay attention to instructions and warnings on battery chargers. Some chargers lack any device to prevent overcharging.

AARP offers Choosing Toys for Grandchildren, an online article about safe choices. Consumers who have already purchased gifts should make sure they check that their gift lists do not include any of the recalled toys or children’s products on CPSC’s website. Check for product recalls on this web site.

Posted by Linda Chalat at 2:33 PM | Permalink | Comments (0) | TrackBacks (0)

A new national study reveals that school bus-related accidents send 17,000 U.S. children to emergency rooms each year, more than double the number in previous estimates that only included crashes.

Injuries range from cuts and sprains to broken bones, but most require no hospitalization. And researchers point out that, while the numbers are higher than previously reported, they represent a small fraction of the 23.5 million children who travel on school buses nationwide each year. The study appears in November's Pediatrics, released on Monday.

Nearly one-fourth of the accidents occur when children are boarding or leaving school buses, while crashes account for 42 percent, the new research shows. Slips and falls on buses, getting jostled when buses stop or turn suddenly, and injuries from roughhousing are among other ways kids get hurt on school buses, the data found.

The study’s results provide a strong argument for requiring safety belts on school buses, something industry groups say is unnecessary and is more than many school districts can afford. Safety belts, particularly lap-shoulder belts "could not only prevent injuries related to crashes," they could also keep kids seated "so they're not falling out of their seats when buses make normal turns or brake," said lead author Jennifer McGeehan, researcher at Columbus Children's Hospital's Center for Injury Research and Policy in Columbus, Ohio.

The research, involving nonfatal injuries treated in emergency rooms, is based on 2001-2003 data from a surveillance system operated by the U.S. Consumer Product Safety Commission. Some 51,100 children up to age 19 were injured during the study period, or about 17,000 annually, the researchers said.

Data from the government's National Highway Traffic Safety Administration through 2005 show that about 8,000 children are injured each year in school bus crashes, but on average, fewer than nine are killed. The tally is based on police reports, and not all injuries resulted in emergency room treatment.

In a 2002 report to Congress, NHTSA recommended against lap-only belts in school buses because they can be risky, especially in small children, by restraining them high on the abdomen, potentially causing internal injury in a crash.

Five states California, Florida, Louisiana, New Jersey and New York and some districts have implemented varying safety belt requirements for school buses, according to the National Coalition for School Bus Safety, a nonprofit advocacy group.

The American Academy of Pediatrics advocates having lap-shoulder belts on all new school buses and supports having adult monitors on buses, too, said Dr. Barbara Frankowski, a Vermont pediatrician and chair of academy's council on school health.

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