Window Blind Cord Strangulation Injury and Window Cord Choking Accident
According to the U.S. Consumer Product Safety Commission (CPSC) window blinds and shades that come with cords that are used to open and close window blinds are one of the top 5 hidden dangers to children in the home. Window cord child injuries have been a serious problem for a long time in the United States. In 1981 the UPSC came out and called window shade cords a “particularly insidious hazard” while contributing 41 deaths from 1973—1980 to the hidden hazard. Although the CPSC and other government product monitoring and advisory groups have identified the dangers of window cords they have not done much to mitigate the danger. It was not until 2014 that the CPSC began the initial stages for the possible implementation of mandatory safety standards for window shades.
Over the course of its’ decades-long investigation and monitoring of the window blind cord hazard the CPSC has discovered several unnerving facts. One of the studies concluded that almost 50% of all window cord strangulations went unreported and that these window cords cause one death a month in children.
CPSC studies have determined that most window shade cord strangulation deaths are silent as strangulation renders the child incapable of crying out for help. Because of this most window blind cord deaths occur while caregivers or employees of child care facilities are nearby.
Most Common Scenario
The CPSC has uncovered the two most common ways children are strangled by window shade cords:
- When infants placed in cribs near windows get tangled in window cords while playing, sleeping, seeking attention or when trying to get out of their crib
- When curious toddlers attempting to look outside a window climb on to a piece of furniture located near the window and then loose their balance and fall while getting tangled in the window cord
Who Can be Held Responsible for Window Cord Strangulation or Choking Injuries?
Negligent Supervision of Caregiver (Day Care, Nursery, School, Camp, Child Care, Etc)
Any person, facility or business that has been entrusted with the child’s care and safety may be found responsible for not taking measures to prevent window cord strangulation/choking incidents.
Unsafe Premises (Hotel, Motel, Apartment Complex, Friend or Relatives Homes)
Any person or business that maintains an unsafe premise/property may be found responsible for not taking measures to prevent a child window cord strangulation accident. If a hotel, motel or any other place of public accommodation negligently allows a window shade cord hazard to exist on their property and that hazard causes a choking or strangulation injury then we may be able to pursue a claim for damages against the business insurance policy that covers the building.
Often times residential building owners, landlords and businesses will hire a professional maintenance company or property management company to maintain the property and make the necessary repairs. These companies have the same duty as a landlord described above. Failure to live-up to their duty could expose them to a negligence claim.
If such an incident where to occur at a friend or relatives home then we could pursue a claim for damages against the homeowners insurance policy that covers the home. Going after a friend’s or relative’s homeowners insurance policy is not the same thing as going after your friend or relative personally. People have insurance for situations like this.
Product Liability (Window Shade Manufacturer, Designer or Seller)
For years manufacturers have known about the dangers window cords pose to young children. If a window shade manufacturer or designer put a window shade on the market knowing their window shade presented a serious risk of choking or strangulation then they may be responsible for the injuries your child suffered.
Brockton Dangerous and Defective Product Liability Lawyers
Initial Consultations Are Always Free
If your child suffered a window shade cord injury then call the window cord 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 countless families over the years.
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.