Articles Tagged with injuries to children

One of the best lines of defense in preventing youth sports injuries are certified athletic trainers, per the American College of Sports Medicine, American Academy of Pediatrics and the American Medical Association. An athletic trainer is someone who is certified and licensed in the health care field of sports medicine, and has been recognized by the American Medical Association as an allied health care professional since 1990. Portland injury lawyers in Maine know that while it’s generally difficult to hold a school district liable for an athlete injury, courts have identified a number of areas of potential liability in the context of organized athletic events at the high school level.

A 1997 ruling by the Maine Supreme Judicial Court in Searles v. Trustees held that colleges, private schools and public schools owe a legal duty to exercise reasonable care toward their students. This duty encompasses the responsibility of coaches and athletic trainers to exercise reasonable care for the health and safety of their students, which means conforming to the standard of care required of an ordinary and careful trainer.

But what if there is no certified athletic trainer at the school? A recent report by The Portland Press Herald revealed Maine is behind other states in New England and nationally for hiring athletic trainers to help prevent serious student injury. Of 143 public and private high schools in the state, only 51 have full-time athletic trainers attending after-school practices (where 40 percent of student athlete injuries happen) and games. The problem is most acute in school districts that are rural because they lack funding and also student participation is lower. Of the 33 schools that don’t have an athletic trainer, sports enrollment is at less than 150 each.

Hospital emergency room doctors in Maine and throughout the country are once again seeking a ban on infant walkers, saying that as an “inherently dangerous object” these walkers have no benefits to young children and should never be sold in the U.S. Spurring this renewed call is a new study recently published in the journal Pediatrics, revealing that 2,000 babies and toddlers every year are treated at hospital emergency rooms in infant walker accidents – often with serious and life-altering injuries like skull fractures, broken bones and concussions. Between 1990 and 2014, there were reportedly more than 230,000 injurious infant walker accidents among children under 15 months who were treated in hospital emergency departments.

As Bangor child injury attorneys may note, these types of cases would be based on the laws of product liability. Depending on the circumstances, one could allege defect in design, manufacturing and/or marketing/breach of warranty. When products are sold in the U.S., consumers are given an implied and often express assurance that they are safe when used as intended. This is especially true for products used by infants and children. Maine Title 14 S221, state law on defective or unreasonably dangerous goods, states that anyone who sells goods or products in defective condition or that are unreasonably dangerous to the user can be held liable for resulting injuries. Defendants can include the manufacturer, seller or supplier.

In instances wherein products prove unsafe, resulting in injury, it’s important to discuss legal options with an attorney or law firm with experience in handling Maine¬†product liability lawsuits. Breach of express or implied warranty is often the grounds on which product liability plaintiffs present their case. Depending on where the incident occurred and who was caring for the child, there may also be claims of premises liability and negligent supervision (for example, against a daycare). Accountability is important for parents of young children injured in these preventable incidents.¬† Continue reading