Television Tip-Over Accidents – Who Can You Sue?
Tragic Fatal Accident Statistics Involving T.V.s and Children
A child looks at a home, or any place for that matter, as a playground. Children are prone to explore and play and each piece of furniture is a potential hiding spot or jungle gym. While this curious and playful nature should be embraced it should also be somewhat concerning. A television, furniture or some type of appliance topples over crushing a child all too often in America.
According to the U.S. Consumer Product Safety Commission (CPSC) once every 2 weeks a T.V., furniture or some type of appliance tips-over and kills a child. Children ages 1 to 9 are particularly at risk of tip-over injury. 27% of the children killed are toddlers 1-2 years old, 24% are toddlers 2-3 years old, 29% are preschoolers 3-5 years old, 10% are 5-9 years old and 8% are infants/babies 0-1 years old.
This type of accident also results in over 25,000 injuries to children every year. 45% of all tip-over accidents occur in the bedroom, 24% occur in the living room and 4 % occur in the kitchen. 34% of these accidents are caused by climbing on the furniture while 14% are caused by hitting, pulling or kicking the furniture.
About Television Tip-Over Injuries and Children
It is estimated that 41% of tip-over related emergency room visits involve falling televisions and the furniture they rest on and 65% of all child tip-over accident fatalities involve falling televisions. This is particularly troubling because the Nielsen Company estimated there was 115.6 million T.V.s in homes across America in 2014.
It is estimated that 1.5 million new televisions are added to homes across America every year. The vast majority of these new T.V.s are flat-screens. When households purchase these new flat-screen T.V.s for the main T.V. viewing area they take their old cathode-ray tube (non-flat-screen T. V.s) and they put them in some other room on a dresser, bookcase or some other type of furniture that is not suitable for televisions. The problem is these old non-flat-screen T.V.s are big and bulky and heavier towards the front of the television. This makes them prone to tipping over if they are titled forward beyond their stability point. This also causes these televisions to land on a child screen-first.
Government testing shows that over 12,700 lbs of force strikes a child when a big television topples off a dresser. That is why manufacturers are required to build televisions that wont overturn/topple/tip-over when titled 10 degrees up from the horizontal plane.
Additionally, manufacturers of the old non-flat-screen televisions (box televisions) had to limit the size of the cathode-ray tube they built into the television. However, new flat-screen televisions do not use cathode-ray tubes. As a result, new flat-screens have outgrown the size and weight limits of the old non-flat-screen televisions. Flat-screen T.V.s seem to be getting larger and larger every year which makes them a more serious tip-over danger.
Who is Responsible for Child Television Tip-Over Accidents?
The Manufacturer, Designer and Seller of the Television
There are times when a television tips over because it was defectively designed or manufactured. Tip over accidents and injuries are well known to T.V. manufacturers and they should build and sell their T.V.s with these dangers in mind. Failure to do so could make them liable for accidents where their television tips over and injures a child.
Hotels, Motels, Rental Properties or any other place of public accommodation
Businesses owe their clients and customers a duty to maintain their property in a safe manner. They are responsible for taking affirmative steps to limit their clients’ and customers’ exposure to dangers. Negligently placing a television on an unsturdy table, dresser or furniture creates an avoidable T.V. tip over risk. Landlords and businesses can not be so careless when child safety is at stake.
Caregiver, Day Care Center, Child Care Center, Camp etc.
Television tip-over accidents are a serious and real danger and as a result every child caregiver should know of the danger. If a child caregiver does not know about the danger or does know about the danger and fails to take adequate measures to prevent or limit the danger then they may be responsible for a child’s television tip over injuries.
If the T.V. or furniture tip over accident occurred in someone’s home then the homeowners insurance policy that covers the home may provide coverage for the accident. Going after the homeowners insurance policy of a neighbor or a relative is not the same thing as going after the neighbor or relative personally. People have homeowners insurance for situations like this. You should not fell guilty for bring an injury claim against someone’s homeowners insurance policy.
Brockton Dangerous and Defective TV Accidents and Product Liability Lawyers
Initial Consultations Are Always Free – No Fee if No Recovery
If your child suffered a television tip-over injury call the child accident lawyers at the Law Offices of Gerald J. Noonan today. We have a proven track record with over 35 years of legal experience. Our child injury attorneys have successfully represented the families of injured children for decades and we are ready to take on your case today.
We understand that no amount of compensation can reduce the pain of losing a child to any accident, or undo long-term damage or injuries your child may have suffered, but we can help you hold those responsible accountable for their actions. The law entitles you to seek compensation to help you recover any financial losses due to medical bills and lost income, or funeral expenses, as well as entitles you to seek compensation for any future expenses. Insurance companies either want to outright deny your claim or pay as little as possible — they are not your legal advocates and are not qualified nor permitted to give you legal advice.
We also understand that talking about your case can be emotionally difficult and we always treat all our clients with respect and compassion — there is no pressure and you pay nothing unless we recover for you. No matter where you are located, we are just a phone call away. Call our law offices today to schedule a free no-obligation case review and consultation at (508) 588-0422 or click the link below to use our Free Case Evaluation Form.
Our dangerous and defective products liability and premises liability lawyers assist accident victims throughout Southeast Massachusetts including, but not limited to, those in the following counties, cities and towns: Plymouth County including Brockton, Plymouth, Bridgewater, Marshfield, Hingham, Duxbury, Wareham, Abington, Rockland, Whitman, Hanson, Middleborough; Norfolk County including Quincy, Stoughton, Dedham, Weymouth, Braintree, Avon, Holbrook, Randolph, Canton, Sharon, Brookline, Franklin; Bristol County including New Bedford, Fall River, Taunton, Attleboro, Mansfield, Easton, Raynham, Norton; and the Greater Boston area including Cambridge, Dorchester, Roxbury and Somerville.
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