Child Injury

Statistics on Child Injuries

Injuries are a major reason children are brought to U.S. emergency departments and admitted to hospitals every day. In fact, “Injury is the leading cause of death in children and young adults.” Thousands of children die each year from accidental injuries. ⁽¹⁾

“Falls are the leading cause of nonfatal injury for children.” Falls are also the “fourth largest cause of unintentional injury death for children.” In addition, “falls rank as the 12th leading cause of death” among 5- to 9-year-olds and 15- to 19-year-olds. “Among children under 15 years, non-fatal falls are the 13th leading cause of disability-adjusted life years lost.” ^{(2) (3)}

Motor vehicle and firearm accidents also lead to a large number of children’s deaths. In one year “Motor vehicle crashes were the leading cause of death for children and adolescents, representing 20% of all deaths; firearm-related injuries were the second leading cause of death, responsible for 15% of deaths. Among firearm deaths, 59% were homicides, 35% were suicides, and 4% were unintentional injuries (e.g., accidental discharge).” ⁽⁴⁾

Common Causes of Child Injury

Children can sustain a wide range of injuries. Some common causes include:

• Motor vehicle accidents — Over 91,000 children were injured in motor vehicle crashes in one year. Hundreds of children died. ^{(5) (6)}
• Burns — Younger children tend to get burn injuries from hot liquids or steam. Older children are more likely to get injured by contact with fire. Every day, over 300 children seek treatment in emergency rooms for burn-related injuries. Two children die every day due to these types of injuries. ^{(7) (8)}
• Falls — Daily, roughly 8,000 children seek treatment in U.S. emergency rooms for fall-related injuries. This amounts to nearly 2.8 million children each year. Playgrounds are a common source of injury. ^{(9) (10)}
• Drowning — Nearly 50% of children who are brought to emergency departments due to drowning need to be hospitalized or require other types of additional care. Many are “left with permanent disabilities from brain injuries.” ⁽¹¹⁾
• Poisoning — Over 300 children are treated in U.S. emergency departments due to poisoning each day. Two children die as a result. Everyday products around your home can be poisonous to children. These include household cleaners and medications. ^{(12) (13)}
• Birth injury — A birth injury happens when something goes wrong during childbirth. Sometimes, it is from using mechanical devices in the delivery room.
• Negligent supervision — When you entrust your child’s care to someone, that person has a responsibility to look out for your child’s well-being. Babysitters, daycare workers, youth group leaders, teachers, and coaches can all be held responsible if your child is injured while under their supervision.
• Defective products — Over 224,000 children were taken to U.S. emergency departments after being injured by a toy in one year. Injuries were to the head, eye area, nose, mouth, and ear. Most toy-related injuries involved lacerations, contusions, or abrasions. Products designed for children can also be defective. Examples include strollers, cribs, and car seats. ⁽¹⁴⁾

Liability

Who is liable for your child’s injury depends on the accident. In a vehicle accident, other drivers might be at fault.

If your child is injured during daycare or school, employees and those overseeing the safety of your child might be responsible, if they were negligent.

If your children get hurt playing with a defective toy, the manufacturer and distributor might be liable. A manufacturer and distributor might also be responsible if your child was injured by any other type of defective product, such as a bookshelf, a stepstool, or a mattress. Or even a ride at an amusement park.

Legal Options

Premises liability may apply when injuries occur on someone else’s property. The property might belong to a business, such as a daycare center, restaurant, or big box store. Or the property might simply be a neighbor’s home or yard.

If your child has been injured in one of these situations, you may be entitled to seek compensation:

• Swimming pool accidents — These include drowning, but they can also involve other types of accidents. Children can slip and fall in or around a swimming pool, get hurt diving, become trapped in a drain, be electrocuted, or be exposed to or swallow harmful chemicals.
• School accidents — Your child can get injured using defective playground equipment, participating in an athletic game or event, or riding a school bus. Children can also be hurt in bathrooms, in cafeterias, or on staircases. School grounds themselves can also be sites of violence.
• Slip and falls — Millions of people hurt are injured each year in slip and fall accidents. Serious falls can lead to traumatic brain injuries.

Negligence Causes Child Injuries

When filing a lawsuit, one key consideration is negligence. If your child was injured because of someone else’s reckless actions or inactions, you may have a case of negligence.

As we go about our daily lives, people are expected to act reasonably to safeguard others and consider their basic well-being. When they don’t, you may need to file a lawsuit.

How W&L Can Help

If your child was seriously injured because of someone else’s actions in New York, consult with a law firm with experience handling personal injury and wrongful death lawsuits in the state. The more experience and success, the better.

Weitz & Luxenberg attorneys have been representing clients harmed by the actions of others for over 30 years. Personal injury is one of our major areas in the legal field.

We also have a proven record of success. Here are a couple examples:

• $10 million settlement — While on a school fieldtrip, a teenage boy was blinded in one eye after being struck by a broken bungee cord on a zip line course. He was simply waiting his turn to go. Weitz & Luxenberg filed suit against the manufacturer/installer saying the bungee cord brake system was negligently designed and unsafe.
• $1.4 million settlement — Our client was in a crosswalk when she was struck down by an ambulance in New York City. She suffered a fractured pelvis and is living with chronic medical complications.