Child Injuries

Children and infants are amongst the most vulnerable segment of any society, and the most easily susceptible to injury. The attorneys at Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C. have significant experience representing families in tragic instances in which children and babies have been exposed to dangerous products and negligent conduct.

It is an unfortunate fact that defective infant car seats, trampolines, toys, bicycle helmets, and playground equipment, and inflatable swim training devices and pool toys routinely cause children and infants to sustain serious permanent injuries, and in some cases, death. Some examples include:

Infant rear-facing car seats Infant rear-facing car seats
Infant rear-facing car seats can have inappropriate padding, defectively weak handles, and inappropriate belt and buckle geometry that will not effectively restrain and protect the baby’s head and spine during an automobile accident;


Child booster seats Child booster seats
Child booster seats , particularly those with a front-lowering bar/shield can have inappropriate crash protection that will actually enhance, rather than prevent injuries during an automobile accident;

Trampolines Trampolines
Trampolines , which send an estimated seventy-five thousand (75,000) children to the emergency room every year, can lack side retention mesh, perimeter crash mats, and harnesses, and cause catastrophic injuries (including paralysis and death) even when the trampolines are being used in gymnastic classes, and under the supervision of instructors and coaches;

Toys Toys
Toys , including promotional gifts, can contain easily-breakable or inappropriately small parts which can be swallowed or inhaled causing life-threatening respiratory problems and death;

Toys can also contain lead-based, or other poisonous materials which can cause serious permanent injuries if ingested. On August 1, 2007, Fisher‑Price announced that 1.5 million toys manufactured in China were being recalled when paint used on the toys was found to contain levels of lead exceeding what current regulations allow. The recall involved a number of popular pre‑school toys including Dora the Explorer, Elmo, and Big Bird characters:

Toys Less than two weeks later, American consumers learned that the recall was being expanded to include 9 million additional Chinese‑made toys containing lead paint or magnets that could be easily swallowed. The popular die‑cast “Sarge” cars (after the movie “Cars”) were part of this recall:

However, the problem may be more extensive. Approximately 80 percent of toys sold around the globe are made in China. Nevertheless, U.S. companies that manufacturer their products in China have an obligation to consumers to ensure Accident. When they fail in this duty, they may be held legally liable for any damages suffered as a result

Toys Bicycle/rollerblading/skateboarding helmets
Bicycle/rollerblading/skateboarding helmets can be defective and dangerous due to insufficient crash protection, inappropriate padding, and weak retention straps and chinstraps. Every year, approximately two hundred and fifty thousand (250,000) children are sent to U.S. hospitals for bicycle injuries, and many of these injuries involve head injuries for children who were wearing their bicycle helmet:

Crib, playpen, and changing table injuries
Crib, playpen, and changing table injuries are of the leading causes of infant death is associated with defective cribs. There are a variety of common defects in the design and construction of cribs and playpens that cause serious injury and death, including the following:

Improperly spaced slats:
Infants and small children can easily become stuck in slats and other openings. These can cause the child to become entangled and trapped, which can lead to serious injury and death through asphyxiation

Corner posts and other sharp objects:
Sharp points can cause lacerations, and can also catch clothing – as can corner posts. Caught clothing can lead to serious injury through entanglement, and any kind of design that can potentially cause clothing to become entangled can lead to hanging injuries and death.

Bicycle/rollerblading/skateboarding helmets Improper mattress design:
Improper mattresses can contain gaseous elements, which can cause toxic harm to a child. Gases such as phosphine, arsine and stibine can be released from the mattress during sleep, causing serious injury or death from poisoning.

Instability:
Instability can cause a playpen, crib, or changing table to fall over or collapse onto a child. A hazard such as this can cause serious harm and injury to a child. A collapse can lead to blunt force trauma injury, as well as asphyxiation from becoming trapped.

Paint and finishes:
Paint and wood finishes that contain lead can cause lead poisoning in the child, causing lifelong illness or death.   

Playground equipment Playground equipment
Playground equipment can be designed and erected in an inappropriate manner, and inappropriate welding on playground equipment such as monkey bars and swings can lead to falls, and the collapse of climbing structures.

ball pits Additionally, many children have become injured while playing in ball pits, which are commonly found in restaurants, amusement parks, and indoor birthday party venues. These ball pits are highly dangerous due to the high risk of being buried under the balls, and having another child inadvertently jump on top of another, which can cause severe head, neck, and spinal injuries:

Inflatable swimming training devices and pool toys
Inflatable swimming training devices and pool toys can be extremely dangerous due to the products’ tendency to fail and/or deflate and cause injury while an inexperienced child or infant is in a pool or lake. These devices include the following

Water-wings
(commonly known as “swimmies”):		 Child flotation vests
 (commonly distributed at water amusement parks):
  
Water-wings Child flotation vests
  
  
Inflatable inner-tubes and rafts with a harness insert:
  
Inflatable inner-tubes and raftsInflatable inner-tubes and rafts
  

When an infant or child is injured, the results on the child’s family can be devastating. If your child, or the child of a loved one has been harmed due to a defective product or from the negligence of another, contact the attorneys at Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C. for a free and immediate consultation.