Was your child injured from falling off a bunk bed in school – for example, a boarding school with dorm rooms? These accidents can also happen in juvenile halls and foster care group homes. Alternatively, children may be injured from falling out of a bunk bed in summer camps, or in various sports camps at colleges and universities.
Bunk beds are commonplace objects in many homes and group residential facilities. And many children love the idea of sleeping in a bunk bed with their friends or siblings. The top bunk is the preferred spot for a lot of kids, though it’s essential that beds for children have guardrails in place to prevent kids from falling out.
Unfortunately, some kids are more susceptible to falling out of beds, even one that’s equipped with a solid guardrail. So, what can you do if your child was allowed to sleep in a bunk bed, even though the organization was informed of your child’s condition? Can you file a lawsuit against the facility owners and receive compensation for your injuries from a bunk bed-related accident?
The legal team of Normandie Law Firm is here to advise you of your rights if you or your child was injured by falling out of a bunk bed due to another party’s negligence. Call us today and schedule a free consultation with a fall injury accident lawyer at our office.
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Bunk Bed Injury Statistics Involving Children
To get a sense of how serious these accidents can be for a child, take a look at the following statistics from a study by the National Library of Medicine, titled
Bunk bed-related injuries sustained by young children treated in emergency departments in the United States 2001-2004, National Electronic Injury Surveillance System – All Injury Program
- Around 23,000 children between 0 to 9 years old are taken to the emergency room every year for injuries related to bunk beds.
- The most common injuries from falling out of a bunk bed are broken bones, fractures, deep cuts, contusions, and head injuries (traumatic brain injury, spinal cord damage, etc.)
- 25.2% of all injury victims were children that fell out of the top bunk.
It’s essential to explore the legal options that are available to you if negligence at a school, camp, juvenile hall or some other facility is the reason your child was injured from falling out of a bunk bed. You may be entitled to compensation for the financial and emotional losses you’ve sustained through no fault of your own. For now, here are some additional studies that you may want to explore if you’re interested in learning about the dangers of bunk beds for children and adolescents:
- Bunk bed-related injuries among children and adolescents treated in emergency departments in the United States, 1990-2005
- Emergency department surveillance of injuries associated with bunk beds: the Canadian Hospitals Injury Reporting and Prevention Program (CHIRPP), 1990-2009
- Bunk-Bed-Related Fractures in Children: Are We Aware of the Risks?
Can I Sue a School or Another Organization for Bunk Bed Injuries to Minors?
Frankly, bunk beds are a popular and perfectly reasonable option in places that are in charge of many children at the same time. And many of us have fond memories of bunk beds at sleepovers and summer camps during childhood. Thus, you would not have grounds for a lawsuit just because your child suffered injuries from falling out of a bunk bed.
However, the owners of the facility may be liable for a bunk bed injury if the organization knew or should have known that the child was susceptible to falling out of bed. In most cases, the organization is informed that the child moves a lot during sleep or has a health condition that puts them at risk of a fall-related injury. There is clear liability if the organizers were informed, but they let the child or forced the child into the bunk bed.
In essence, facilities like boarding schools and juvenile halls must take any and all reasonable measures to protect the children on their premises. Negligence, like failing to account for a child’s propensity to move a lot during their sleep, can serve as the basis for a bunk bed accident injury claim.
Compensation for Bunk Bed Injury Victims and Their Families
A personal injury settlement includes payment for numerous economic and non-economic damages that are meant to compensate victims for their harm and suffering. Here is a list of the monetary damages that are typically associated with fall injury accident cases:
- Medical expenses (including cost of future medical services / treatments)
- Lost wages – for teenagers with jobs or parents who lost time from work due to their child’s recovery needs
- Pain and suffering, mental anguish, and other intangible losses resulting from the accident
- Property damage (Loss of or damage to personal belongings)
- Legal fees if you hire an attorney
- Punitive damages
The injuries sustained by the victim has a huge impact on the amount you can receive from an accident claim. The severity of the initial injury is important, but so are the long-term health issues resulting from the accident. Head injuries, for example, can turn into permanent brain damage, which can take away a child’s ability to develop normally and function on their own, even in adulthood. Compensation in bunk bed fall accident lawsuits are often in the range of $75,000 to $2,500,000 and above. If there are severe injuries that cause disability and other lifelong complications, case values may exceed $5,000,000.
Please keep in mind that there are many elements we will need to discuss with you in order to figure out the approximate value of your case. That’s why you should not rely on average settlement values you find online when it comes to the amount you can receive from a personal injury lawsuit. Instead, contact our law firm and ask to speak with a lawyer that’s experienced in fall accident injuries to minors.
How Long does it Usually Take to Settle these Cases?
There is no set amount of time that applies to the settlement process for a personal injury claim. Some of our cases are settled in a matter of weeks, while others take up to several years. Much of this has to do with the defendant’s willingness to cooperate with us and negotiate a fair settlement offer. The legal procedures that are involved also contribute to the overall amount of time to reach a settlement. As a general rule, claims against government entities take longer, as they involve additional steps compared to a lawsuit against private individuals and entities. Whether your case goes to trial is another important factor, though only a small fraction of cases are tried in court. Even without a trial, there are various issues that can extend the case resolution process by one or more years.
Is There a Deadline to Sue for a Bunk Bed-Related Injury?
The answer to this question depends on the entity you are suing. If your child was injured due to negligence by a private institution (boarding school, summer camp, etc.), the statute of limitations for a personal injury lawsuit is 2 years. Generally, you have 2 years starting from the day of the accident to file a lawsuit. However, there may be exceptions that would allow for a toll on the statute of limitations by the court. For example, an accident victim has up until the age of 20 (2 years after turning 18) to file a lawsuit for injuries that occurred while they were children.
Another important exception has to do with lawsuits against facilities that are owned and/or operated by the government. Juvenile halls are typically managed by county agencies, like the Los Angeles County Probation Department. Thus, you will need to file a compensation claim with the county by obtaining a claim form from the applicable agency. Within 45 days from receiving your claim, the agency will send you an approval or denial notice. If the government agency denies your claim, you will need to file a lawsuit within 6 months. If you don’t receive a written notice from the county in 45 days, the time limit for a lawsuit is 2 years from the accident date.
As you can see, there is a lot to figure out when it comes to the procedures for a child bunk bed accident injury claim. We can help you make sense of it all during a free cade evaluation with one of our attorneys.
Free Second Opinion
Our lawyers are available to provide you with a second opinion on a fall accident injury claim. Many people are interested in speaking with another lawyer before they make an important decision in their lawsuit. They may also have problems with their attorney and wish to learn about their legal options, like finding a new lawyer to take over their case. A free second opinion is your chance to talk about these issues with an experienced bunk bed injury lawsuit attorney. To schedule a second opinion consultation, please take a moment to contact our office.
Contact Normandie Law Firm
Injuries during childhood can lead to debilitating health issues that forever change the course of someone’s life. As a parent or caretaker, you trust that camps, schools, and other boarding facilities will take all the necessary precautions to keep your child safe. Unfortunately, overcrowding, poor employee training, lack of supervision, and many other issues can result in serious injuries to a child from falling off a bunk bed.
Our job is to protect your interests and fight for the justice you and your family deserve. That includes doing everything we can to secure the highest possible settlement from a child bunk bed accident lawsuit. The Zero Fee Guarantee is another way we take care of injury victims and their loved ones. Under this policy, you pay $0 upfront to hire us, as all of our attorneys work on contingency. Our fees are based on winning your case and demanding payment from the party you are suing. That’s the only way we get paid, so there’s no cost to you whatsoever if we don’t win your case.
Don’t hesitate to contact us and learn about your rights and legal options. We are here for you 7 days a week, 24 hours a day, so call us anytime to schedule a free case review or free second opinion.
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