Who Can be Held Responsible for Child Strangulation Accidents?
About Child Strangulation Injuries and Accidents
There is nothing more heartbreaking to a parent then having a child injured or killed in a strangulation accident. Most of the time a parent’s first instinct is to blame themselves. They will engage in “we could have” or “should have” type thinking, but there is often more to these accidents than parents realize. Most of the time the facts of the accident reveal that the responsibility for such an accident lies elsewhere.
Strangulation deaths and injuries happen fast and silent as strangulation renders a child incapable of crying out for help. Because of this most strangulation injuries and deaths occur while caregivers or employees of child care facilities are nearby.
Window Shade Cords and the Dangers They Present for Children
Dubbed “The Insidious hazard” by the U.S. Consumer Product Safety Commission, window blind cords claim one child’s life every month. According to the CPSC window cords caused 1,600 child strangulation injuries between 1996 and 2012 and 300 of those 1,600 injuries resulted in a child’s death. Children ages 4 and under face the greatest risk of window blind cord injuries.
Other Causes of Strangulation Injuries
- Jump ropes
- Loose clothing, hoods, scarves, mitten cords,
- Swing sets
- Drawstrings in clothing
During a strangulation the following occurs:
- Child losses consciousness in fifteen seconds
- Brain damage or death results in 1 to 2 minutes
That is why strangulation injuries are usually serious even if the child survives the accident. It can take just 1 to 2 minutes for asphyxiation and brain damage to occur. That is why it is important to hold the responsible parties accountable for their actions and your child’s injuries.
Who Can be Held Responsible for Child Strangulation Accidents?
Hotels, Motels, Apartment Building/Complex, Rental Properties, Landlords or any other place of public accommodation could be responsible under premise liability. Business and property owners have duty to maintain their property in a safe condition. They are responsible for taking steps to ensure their property is in a safe condition. Negligently allowing strangulation hazards to exist on their premises could expose them to liability.
Caregivers, Day Care Centers, Child Care Centers, Camps, schools and babysitters could be responsible for negligent supervision. Every child caregiver should know about child strangulation hazards. 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 injuries. Child caregivers entrusted with the safety and well-being of a child have a duty to supervise the child in order to make sure preventable injuries do not occur.
Product manufacturers, designers and sellers could be responsible under product liability. When a product like a toy or clothing is defectively manufactured or designed and that defect causes a child strangulation injury the manufacturer, designer or seller could be found responsible for the accident, injury and damages your child sustained. These companies are responsible even if the product that caused your child’s injuries was purchased by someone else. This allows recovery when a product defect causing strangulation injuries occurs at a neighbor’s or friend’s house or at a day care of child care facility.
Millions of window shade cords have been recalled in the past due to child strangulation injuries. IKEA recently recalled over 10,000 children’s bat cap costumes because of the strangulation risks.
Experienced Wrongful Death and Child Injury Attorneys
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We understand that no amount of compensation can reduce the pain of losing a child to an 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 and products. 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.
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Our knowledgeable and experienced Greater Boston area personal injury attorneys at the Law Offices of Gerald J. Noonan are available to assist clients throughout all of 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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