Bunk beds are a set of 2 twin-sized beds that are stacked one on top of the other. They allow more people to sleep in a given space. They are often popular with families who have a number of children and can come in a variety of designs. Due to the fact that one bed is on top of the other, there are several safety risks that are associated with bunk beds. They are also common in summer camps, boarding schools, and in the military.
Some common bunk bed injuries and incidents can include the following:
- People falling off the bed
- Injuries related from the collapse of the top bunk onto the bottom one
- Injuries resulting from a person getting pinned in between the wall and the bunk bed
- Body parts getting stuck in the railings, which can lead to further injury
- Various other types of injuries.
Bunk bed injuries can be serious and can include injuries to the head, neck, back and other areas. They can also involve injuries where a person is pinned, crushed, or stuck underneath or in between parts. These types of accidents can often be serious when smaller children are involved. They may even prove to be fatal.
Who Can Be Liable for Injuries Caused by a Bunk Bed?
Bunk bed accidents and resulting injuries can involve many different factors. Depending on the case, different parties might be liable for the injuries suffered by a person who experiences an accident. In some cases, the manufacturer of the bunk bed may be liable if a defect in the bunk bed causes injury or property damage.
For instance, if there was a flaw with the product’s design that makes it structurally unsafe, the manufacturer might be held liable for injuries that are directly caused by the design flaw. A person would sue for strict product liability if the defective design of the bunk bed is the direct cause of injury or property damage to a user of the product.
In a strict liability case, a person does not have to prove that anyone was negligent in any way. They must only prove that the product was defective and directly caused them harm.
Product liability lawsuits might be used for other types of defects as well. For example, if a bunk bed ends up with a defect because the process of producing it embedded some kind of flaw in the bed, again, the injured user would be able to sue for strict product liability for a manufacturing defect.
Yet another defect that may justify a lawsuit for strict product liability is a warning defect. If a product does not come with adequate warnings about the risks inherent in its use, it may constitute a defect. If this lack of a warning is the direct cause of injury to a user of the bunk bed, this would then be grounds for suing for strict product liability. Defective assembly instructions might also provide grounds for a strict product liability lawsuit if they lead to injury of a user.
A consumer may buy a bunk bed that requires assembly and assemble it incorrectly, because the instructions are not adequate. This could lead directly to a user suffering injury.
In other cases, people or parties who are responsible for maintaining safe bunk beds may be held liable for injuries that are caused by negligence. An example of this might be in a summer camp where the campers sleep in bunk beds. If a camper is injured because the staff lets them sleep on a bunk that they knew was in a condition that was not completely sound, the camp and/or staff members might be found liable for negligence.
Most people are injured by bunk beds when they fall from the upper bunk while sleeping or playing on the bunk bed. The injuries suffered by people who fall from bunk beds are usually worse than injuries from standard beds.
As noted above, cuts, bruises, and broken bones are the injuries that people suffer most often. The body parts that are most often involved are the head and neck. So, in a camp setting, the camp or staff might be liable for negligence if they allowed a camper to use a bunk bed that was missing its guardrails.
Placing guardrails on both sides of the upper bunk can prevent falls. The space between guardrails should be 3.5 inches or smaller to prevent strangulation. A guardrail should be positioned at least 5 inches above the mattress top, including any added mattress padding. This helps prevent children from rolling off the upper bunk in their sleep.
Experts recommend other steps to prevent children and young adults from suffering injuries when using a bunk bed. The foundation of the mattress should be strong, and the mattress should be the right size to fit well onto the bed. Children under the age of 6 should never sleep on the top bunk. Children should not be allowed to play on a bunk bed, especially on a ladder.
A person wants to keep plenty of distance between the top bunk and a ceiling fan. The ladder should be lit up at night. Of course, if any part of a bunk bed is damaged or broken, it should not be used.
Experts recommend that parents teach kids how to carefully climb the ladder to the upper bunk. Children should be taught other things about using a bunk bed, e.g., not to attach ropes, scarves, or belts to them, as this can lead to strangulation.
A person may want to check any bunk beds that their child might sleep on when they are away from home at school or summer camp. A person would want to check for a guardrail at the required 5 inches above the top of the mattress and if they are not present, ask them to be added.
A person may visit www.recalls.gov and search for the products they may be planning to buy to see if they have been recalled. While at the website, a person may sign up to receive alerts about future recalls.
Are There Any Legal Remedies for a Bunk Bed Injury Claim?
Injuries caused by a bunk bed accident may require legal action to recover damages for the harm that a victim sustains. If successful, these kinds of cases may end in an award of money damages to the person who is injured.
The amount of damages is going to vary from case to case. However, typically, they compensate a victim for their economic losses, such as hospital expenses, medical bills, lost wages, and any property damage. Then, there are non-economic losses, such as pain and suffering, and other costs that are covered by the damages award.
If many people are injured by the same bunk bed product, a class action lawsuit may result. Bunk bed recalls may be issued as well to help prevent further injuries.
Do I Need a Lawyer for Assistance with a Bunk Bed Injury Lawsuit?
Product liability and negligence lawsuits, such as those involving bunk beds, can be complex. It may be in your best interests to hire a personal injury lawyer in your area if you need help with a legal claim. LegalMatch.com can quickly connect you to an attorney who can advise you, analyze your case, and get you the remedy you deserve.
