Injuries To Children: January 2009 Archives

January 25, 2009

Trampoline Accidents Causing More Injuries Especially Broken Bones

Trampoline accidents and injuries are on the increase. Homeowner's insurance may or may not cover the homeowner, depending upon whether there is an exclusion in the homeowner's policy.

Claims and lawsuits against homeowners are possible, but only if they are not excluded in the homeowner's insurance policy. These claims, especially involving children, would be based upon the adult homeowner's failure to warn, or failure to supervise.

There is also a possibility of a valid claim against on older child who is not the homeowner who is not following warnings and allows or causes a younger child to be injured.  So even if the supervising older child does not reside on the premises where a younger child is injured, there may be a negligence claim made against the older child (say at least a teenager) under the homeowner's policy where that teen lives (again, if there is no exclusion for trampolines in that teen's parent's homeowner's policy).

Manufacturers' instructions warn against the use of a trampoline by more than one user at the time. Claims against manufacturers are also possible, but are much more difficult to win because of the extensive warnings placed in the manufacturer's warning booklets. However, the warnings should also be placed right on the trampoline and visible to the reader so that the user is reminded of the dangers of things such as multiple users at one time. Unfortunately, some of the children who are injured from trampoline use aren't even able to read, and if if they are, children are likely to ignore warnings.

Children between the ages of 5 and 14 represent 70% of the victims, and according to the Consumer Product Safety Commission, there have actually been several deaths. EOrthopod points out that in 1971, the NCAA stopped allowing the trampoline as part of its competition, and that in 2006, the American Academy of Pediatrics recommended restricting and removing trampolines from schools, outdoor playgrounds and homes.

In 1998, almost `100,000 visits to emergency rooms in the United States were due to trampoline accidents, with the most common injuries broken bones.

Tips for use and safety are set forth in an article entitled Trampoline Injuries: Visits to Emergency Rooms are Jump'n.

Continue reading "Trampoline Accidents Causing More Injuries Especially Broken Bones" »

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January 24, 2009

Florida Bicycles Accidents Injure More Children Than Any Other "TOY"

Any Florida bicyclist injured by the negligence of another person may bring a claim against that negligent person.

Under Florida law, a bicyclist is considered a 'pedestrian', and if the bicyclist is injured by a motor vehicle, the bicyclist can bring a claim against the negligent driver or owner of the motor vehicle. In addition, if the owner or driver of the vehicle that caused the accident is uninsured or underinsured, the victim may seek to collect under any resident relative's uninsured motorist coverage, or if they themselves own a motor vehicle, under the uninsured motorist coverage of their own automobile. In addition, they may collect personal injury protection coverage under either their own vehicle, a resident relative in their household, or from the at fault driver's vehicle, in that respective order (but not duplicative).

Bicycle accidents injure more children than any other toy. In fact, bicycle accidents bring about 500,000 people to emergency rooms in the United States every year, and more than half of them are children, according to the Consumer Products Safety Commision.

The ratio of deaths for non-helmeted drivers vs helmeted drivers is approximately 10 to 1 over the years, that is, an bicyclist without a helmet appears to have a ten prospect of dying as opposed to a helmeted driver. The correlation between the wearing of bicycle helmets and the reduced risk of a head injury among children is very substantial, as reflected by a study in BMJ.

Boys have a substantially higher rate of injuries and deaths than do girls.

Interestingly, a study showed that one in three fatalities in Maryland involved cyclists whose blood alcohol levels exceeded .08, a level where most states begin the presumption that the person is under the influence to the extent that their faculties were impaired.

An excellent article on bicycle safety and accident prevention is called Bicycle Safety.

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