Child Injuries

Children are often the most vulnerable to personal injury, including brain injury from car accidents, falls, window falls, bleacher falls, baby walker falls, dog bites, ATVs and four wheelers, lawn mowers, motorized recreation vehicles, shopping carts, dangerous toys, playground dangers, sports dangers, sex abuse, bicycles, and vehicle power windows. 

Parents and their children have strict deadlines in which to bring any legal claim to recover for past and future medical expenses and other losses for injury. If your child has suffered an injury, it is critical to have an Oregon or Washington attorney evaluate any potential personal injury claim. A personal injury lawyer at Vangelisti Kocher LLP can provide a free, confidential consultation to discuss your child’s injuries and legal rights.

Psychological Injuries

Claims involving psychological injuries to children are among the most difficult to prepare. Our consulting experts help us to identify, evaluate and prove psychological injuries to children.  Learn more.

Brain Injury

A traumatic brain injury (TBI) is serious injury to the brain. TBI can be caused by a fall or window fall, by the head being hit by something or when a child is shaken violently. TBI can dramatically change the life of a child. TBI can affect how a child acts, moves, thinks, remembers, understands, talks, reasons and learns.

According to the National Dissemination Center for Children with Disabilities, more than 1 million children receive brain injuries each year and more than 30,000 of these children will be permanently disabled for the rest of their life as a result of the brain injury.

Depending on the location of the brain injury and the severity of the brain injury, a child with traumatic brain injury may have one or more of the following difficulties: cognitive impairment, permanent disability and social, behavioral or emotional problems. A child with a permanent brain injury or closed head injury may also suffer speech or coordination problems, which in turn can lead to problems in school and later in life.

A traumatic brain injury can be roughly classified from mild to severe, and so can the behavior and difficulties that result from the injury. Damage to the brain from the earlier injury can make it hard for children to learn new skills that come with growing up. How a child recovers depends on the early and ongoing help a child receives. This help can include physical, speech or occupational therapy, medications, counseling, and special education.

Car Accidents

Car accidents remain the leading cause of unintentional injury-related death. In 1998, 1,765 child occupants ages 14 and under died in a car accident, and in 1999 an estimated 272,000 were injured. Even if you are a careful driver, you cannot control other drivers' behavior or eliminate the possibility of a car accident. Children have also been known to be injured by defective car seats.

If you or your child has been injured in a truck or auto accident, please consult our Accidents web page on this site.

Falls

The death rate from falls among children, toddlers and babies ages 14 and under declined 28 percent from 1987 to 1998. However, falls remain the leading cause of unintentional injury among children. Children ages 14 and under account for one-third of all fall-related injury visits to hospital emergency rooms. More than half of all nonfatal injuries to children are associated with falls.

In 1998, 120 children ages 14 and under died from falls. Toddlers and babies ages 4 and under accounted for more than half of these deaths. Each year, more than 2.5 million children ages 14 and under are treated in hospital emergency rooms for fall-related injuries. Young children, toddlers and babies ages 5 and under account for more than half of these injuries. Nine percent of fall-related injuries associated with products (e.g., baby walkers, windows, playground equipment) result in hospitalization, more than two times the hospitalization rate of all other product-related injuries.

Window Falls

It is estimated that each year approximately 18 children, ages 10 and under, die from a window fall-related injury each year. Most of the fall-related injuries occur in the child’s own home and the injury can range anywhere from a quick trip to the emergency room to hospitalization with severe brain injury or damage. An estimated 4,700 children ages 14 and under are treated in hospital emergency departments annually for injuries sustained from falling out of windows. Head and brain injury account for the majority of these injuries.

According to a Register Guard article in 2002, in the year 1994, 3.5 out of 100,000 children in Oregon fell out of a window and were injured. The number of children falling from windows has been on the rise for a number of years. Nearly 11 out of 100,000 children in Oregon fell out of a window and were injured in 1999.

Ensure that your windows latch properly. If they don't, notify the homeowner or landlord. Also, ensure that upstairs windows have window guards. Only the quick-release type of window guard is permitted (to allow exit in case of fire).  These can be purchased on the internet.

If a window fall injury has occurred, your first priority is to ensure immediate and appropriate medical attention. Parents must also protect their child's legal interests. Parents and their children have strict deadlines in which to bring any legal claim to recover for past and future medical expenses and other losses for injury. If your child has suffered an injury, it is critical to have an Oregon or Washington attorney evaluate any potential personal injury claim. A Portland personal injury lawyer at Vangelisti Kocher LLP can provide a free, confidential consultation to discuss your child’s injuries and legal rights.

Bleacher Falls

It is estimated that in each year more than 15,000 children, toddlers and babies ages 14 and under were treated in hospital emergency rooms for gym, stadium or bleacher-related falls. Nearly 5,000 of these injuries resulted from falls from or through the bleachers. At least four children have died from bleacher-related falls since 1988.

Baby Walker Falls

It has been estimated that in each year more than 8,800 children, toddlers, and babies ages 15 months and under were treated in hospital emergency rooms for baby walker-related injuries. Baby walkers account for more injuries, including brain injury, than any other nursery product in this age group.

The majority of children aged less than 15 months sustainingbaby walker-related injuries fall down stairs (76 percent) or tip over (12 percent). Injuries associated with falls down stairs are the most severe and are more likely to result in head or brain injury and hospitalization.

Nearly 80 percent of infants who suffer baby walker injuries are being supervised at the time of the incident. All baby walkers manufactured after June 30, 1997, must meet all American Society for Testing and Materials (ASTM) voluntary and mandatory standards, which require that baby walkersmust either be too wide to fit through a standard doorway or have features, such as a gripping mechanism, to stop the walker at the edge of a step.

Dog Bites and Dog Attacks

Man and woman's best friend bites more than 4.7 million people a year, and key experts believe that public education can help prevent these bites. May 16 to 22 is National Dog Bite Prevention Week, and the American Veterinary Medical Association (AVMA), the United States Postal Service, and the Centers for Disease Control and Prevention are each working to educate Americans about dog bite prevention.

Each year, 800,000 Americans seek medical attention for dog bites; half of these are children. Of those injured, 386,000 require treatment in an emergency department, and about a dozen die. The rate of dog bite-related injuries is highest for children ages 5 to 9 years, and the rate decreases as children age. Almost two thirds of injuries among children ages 4 years and younger are to the head or neck region. Injury rates in children are significantly higher for boys than for girls.

While the most serious injuries and death from dog bites and dog attacks seem to be by vicious breeds such as pit bulls, many injuries can come from the family labrador.

ATVs and Four Wheelers

ATV manufacturers have proclaimed the four-wheel ATVs as being safer that the three-wheel ATV variety. However, the relative increase in safety is insignificant. Four-wheelers are just as dangerous as three-wheelers. Many ATVs are capable of traveling up to 75 mph.

Health care professionals, including the American Academy of Pediatrics (AAP) and the American Academy of Orthopedic Surgeons (AAOS), have issued formal policies recommending that children under 16 not be allowed to drive ATVs under any circumstances. Children under age 12 generally possess neither the body size or strength, nor the motor skills or coordination necessary for the safe handling of an ATV orthree or four wheeler. Children under the age 16 generally have not developed the perceptual abilities or judgment.

It has been estimated that ATVs injure, maim and kill more than 111,000 Americans every year, and the real tragedy is that children under the age of 16 pay the heaviest price. Between 1982 and 2001, 1,714 children under the age of 16 were killed in an ATV accident. Of those, 799 were children under the age of 12.

Oregon allows children as young as 12 to drive ATVs. No license or test is required. In Washington, there is no minimum age limit and no license is required to operate an ATV on private land. Washington has some form of ATV safety education program for children, but these programs vary widely and most do not require children to pass a written test.

Recreational and Other Motorized Vehicles

Although children in the middle years cannot drive automobiles, some of them are still being allowed into the driver's seat of other types of motorized vehicles. Most commonly, these youngsters are driving tractors, lawn mowers, personal watercraft, mopeds, mini-bikes, trail bikes, three and four wheelers, ATVs, scooters and snowmobiles. Some of these vehicles are designed and advertised to be used primarily by young children.

While children in this age group are physically able to turn thesteering wheel and reach the gas pedal or throttle of these motorized vehicles, they lack the coordination, the reflexes and the judgment to avoid crashes.

In addition, these vehicles achieve high speeds but provide no protective covering. Therefore, when an accident does occur, there is a high risk of serious injury. Mini-bikes (two-wheeled vehicles that resemble small motorcycles) have a crash rate 400 percent higher than that of bicycles, with most injuries occurring from falls or collisions. There are more than30,000 crashes per year on trail bikes, with about one-third of them involving children under the age of 14.

Many children have died, often after suffering serious head injuries. Head injuries also are responsible for deaths on snowmobiles, which can achieve high rates of speed and are prone to rollovers. Tractors, riding mowers and personal watercraft also tend to roll over, causing serious injuries.

Shopping Carts

The American Academy of Pediatrics has reported that more than 23,000 children are treated in emergency rooms each year for shopping cart-related injuries.  Many of these injuries are serious or life threatening, and many involve concussions, other head and neck injuries, and broken bones.  For years, experts have criticized standard shopping cart designs for their high center of gravity, which makes them easy to tip over, even when used properly.  Even so, most stores have not taken steps to improve shopping cart safety.  Learn more about preventing shopping cart injuries.

Dangerous Toys

Choking is the most common cause of toy-related deaths. Effective January 1, 1995 products manufactured in or imported into the United States must comply with the Child Safety Protection Act (CSPA).  This law was intended to force the toy industry to take the most dangerous choking hazards off the market.  However, choking and other hazards remain.   These other toy dangers include:

• ropes, cords or string that can cause a child to be strangled;
  
• toxic chemicals, including chemicals in some toy cosmetic products, that can cause child poisoning;
  
• toys that encourage unsafe play, such as punching, shooting, or playing in the street;
  
• pressurized toys that can explode, especially when exposed to the sun or other sources of heat; and
  
• toys with sharp parts that can cut skin, cause stab wounds, and eye injuries.

Parents and their children have strict deadlines in which to bring any legal claim to recover for past and future medical expenses and other losses for injury. If your child has suffered an injury, it is critical to have an Oregon or Washington attorney evaluate any potential personal injury claim. A personal injury lawyer at Vangelisti Kocher LLP can provide a free, confidential consultation to discuss your child’s injuries and legal rights.

Playground Dangers

Playground injury is the most common school-related injury among children ages 5 to 14. Each year, nearly 20 children ages 14 and under die and more than 216,000 are treated in hospital emergency rooms for playground equipment-related injuries. More than 70 percent of playground-related injuries involve falls to the surface, and 9 percent involve falls onto playground equipment, such as a merry-go-around.

Falls also account for 90 percent of the most severe playground equipment-related injuries and 24 percent of playground-related deaths. Head and brain injury are involved in 75 percent of all fall-related deaths associated with playground equipment. The risk of injury is four times greater if a child falls from playground equipment that is more than 1.5 meters high (approximately 5 feet).

Strangulation, typically occurring when children's clothing becomes tangled or when kids become trapped in playground equipment, is a serious playground risk. Strangulation accounts for nearly half of all playground equipment-related deaths.

Sports Related Dangers

Sports injuries can be serious. Almost 75 percent of all school-related spinal cord injuries occur during sports. Among organized school sports, football has the highest injury rate, followed by basketball, baseball, wrestling and gymnastics. Most organized sports-related injuries (60 percent) occur during practice rather than during games. Although risk of injury is proportionally greater for students playing school sports, physical education classes result in a greater total number of injuries.

Sex Abuse

Sex abuse remains a serious national problem. Nearly 1 million children are victims of abuse each year, and about 120,000 were victims of sexual abuse. The vast majority of those cases go unreported. A child can also be the victim of sex abuse whether it's by molestation of a stranger or by a counselor, doctor, chiropractor, therapist, psychotherapist or psychiatrist.

Sex abuse or molestation sometimes is caused by persons inpositions of trust: relatives, caregivers, day-care workers, youth counselors, baby-sitters, priests, ministers, bishops, elders or preachers. In instances of abuse by those who work for organizations, the organizations can be held liable in certain circumstances. For example, they can be liable if they were aware of the abuse and took no action or failed to conduct a background check. In some instances, state officials such as child protective services or foster homes fail to protect children or report abuse.

Sex abuse of a child is devastating. Victim's may be able to take control by exercising their legal rights. In the case of a child, the most important goal is to remove the child from further risk of abuse or molestation.

A victim may have a secondary goal of obtaining compensation from abuse or those who allowed the abuser to harm the victim. For example, victim compensation can be used to obtain counseling to begin to heal the injuries caused by sex abuse. A victim may also obtain punitive damages to punish the wrongdoer and deter others from sex abuse.

If you know of a child who has been subject to sex abuse, rape or molestation, it is important to have an Oregon or Washington attorney evaluate any personal injury claim the child may have for the sexual abuse, rape or molestation. The law provides strict deadlines for bringing personal injury claims for sex abuse, rape or molestation. It is critical that you contact an Oregon lawyer or Portland lawyer if you think that a child may have a claim. A personal injury lawyer at Vangelisti Kocher LLP can provide a free, confidential consultation to discuss the child’s injuries and legal rights.

Bicycles and Helmets

Bike helmets make sense for riders of all ages, especially children. Nationwide, 750 to more than 1,000 people die each year from bicycle crashes. Most of these fatalities result from head injuries. Even a low-speed crash on a bike path can cause a serious brain injury. A bike helmet reduces your risk of a serious head injury by at least 85 percent in most crashes.

Vehicle Power Windows

Injuries and fatalities occur when vehicle occupants (particularly young children) unintentionally close power windows on themselves or other occupants when they unintentionally activate power window switches by leaning against or kneeling or standing on them. According to Kids and Cars (a non-profit organization dedicated to auto safety issues affecting children), at least 37 children have been killed by power windows since 1990.

Unsafe power window switch design is the primary cause of injury. In the unintentional activation incidents for which the type of switch is known, virtually all of the vehicles involved had “rocker” or "toggle" switches, which are much more prone to unintentional activation as compared to “pull up-push down” switches that must be lifted to close the window. If the unintentional pressure of a knee, foot or elbow activated a “pull up-push down” switch, it would cause the window to open not close.

Most injuries and deaths have occurred with American cars.  Foreign vehicles generally have safer power windows because the switches are the “pull up-push down” switches and the switches often have auto-reverse mechanisms. The power windows with auto-reverse mechanisms operate like a garage door with sensors that cause the door to retract if it detects an object such as a child.

Manufacturers and the United States government have not sufficiently protected consumers. Despite simple and inexpensive design solutions, manufacturers have been slow to install switches that would protect children from death and injury. The National Highway Traffic Safety Administration modified the standards for power windows in November 2004, but those standards do not require auto-reverse mechanisms and do not ban the unsafe rocker or toggle switches. 

Consumers should take extra care when purchasing a vehicle, ensuring that the vehicle has “pull up-push down” switches or auto-reverse technology. If purchasing a vehicle with the rocker or toggle switches, it is better to select a vehicle with the switches mounted in the vertical position rather than in the horizontal position such as on an armrest. If a vehicle has power windows, use the child-lock feature if available. Do not leave the key in the ignition when away from the vehicle; power windows only operate when the key is in the ignition. Supervise young children when they are in the vehicle.

Parents and their children have strict deadlines in which to bring any legal claim to recover for past and future medical expenses and other losses for injury. If your child has suffered an injury, it is critical to have an Oregon or Washington attorney evaluate any potential personal injury claim. A personal injury lawyer at Vangelisti Kocher LLP can provide a free, confidential consultation to discuss your child’s injuries and legal rights.

Recent Child Products Recalls and Safety Notices

The following are the latest recalls and safety notices issued by the U.S. Consumer Product Safety Commission covering children's products: