Articles Posted in Playground & Recreation Injuries

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Baseball-Injuries-300x228Baseball is America’s pastime. From the Spring through the Fall and into the Summer, fans of all ages including children visit baseball parks / stadiums through the country to watch major league and minor league baseball games.  During most games, you will see foul balls and home run balls fly into the stands. While part of the fun of the game is to take home a souvenir, it is also a very dangerous part of the sport for spectators. A fan can suffer serious injuries when hit by a foul ball or a home run ball.  It can be quite a challenge to pursue a case for compensation due to the long-standing precedent known as the Baseball Rule.

When a foul ball flies into the stands, many fans are eager to try to catch it. What they might not realize is that over 1,750 people are injured annually by fly balls, with some injuries so severe that they cause blindness. One might think that the baseball team or stadium would be held responsible for these injuries, but U.S. courts have consistently ruled that they are not. Under a century-old legal document known as the Baseball Rule, if a team takes simple precautions, such as having enough seats for all fans in attendance and installing netting behind home plate, they are not held legally responsible for injuries sustained by a foul ball. Courts have held that the dangers that come with foul balls are obvious, so fans assume the risk of any injuries that may come. This usually means that they are forced to pay medical bills all on their own.

Being over a hundred years old, the Baseball Rule has not adapted to changes made in the sport of baseball. To start, seats in newer stadiums are far closer, as much as 20%, to the field than they were 50 years ago. Additionally, athletes are pitching faster and hitting harder than ever, so a foul ball can go into the stands at speeds of over 110 miles per hour. Because of this, several legal scholars have called for the abolition of the Baseball Rule, which would require baseball teams to take much more rigorous precautions, such as full-field netting. Major League Baseball currently recommends that teams install additional netting, but, as it is not required, it is uncommon. The MLB itself even acknowledges that fans that are not protected by netting are at a much higher risk of injury, which goes to show how outdated the Baseball Rule is.

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Campground-300x239Parents enroll children in the Boy Scouts to learn life lessons.  For most scout members, activities are filled with fun and meaningful times. At times, scouts are subject to abuse and neglect by the very adults / scout masters who are supposed to supervise and protect the scouts.

While the Boy Scouts of America is intended to foster the growth and development of your child there is always the possibility that injuries are sustained. Just recently in Nassau County Florida, there was a case wherein a scout master was arrested for assaulting one of the children in the program. After the mother reached out to the BSA, the BSA released a statement denouncing the scout master’s actions and assuring the public that due to their mandatory reporting policy, their children’s safety remained a priority of the organization. So, what happens in the case of your child being injured during a Boy Scouts of America event? The BSA provides comprehensive general liability insurance for cases where a child may be injured. This provides coverage to scouts in any case involving negligent actions of a third party resulting in personal injury or property damage. The BSA also offers coverage for accidents and sickness, offering medical reimbursement I case of death, accident, or sickness within the policy’s amounts (www.scouting.org/health-and-safety).

As mentioned earlier, the BSA has a mandatory reporting policy, but what are the resources offered in order to handle serious cases. On their website, the BSA offers reports for both incidents and near miss situations. The BSA asks that these reports are completed immediately after the occurrence of the incident in order to get as many facts down as possible. Risk management bases these policies off of the facts provided in the initial incident report, so they stress the importance of including evidence and details of what took place. While this may not prevent every scenario, the BSA attempts to expand its safety policies in accordance to the reports they receive.

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In pursuing a case or claim for a bounce house injury, there are four elements to establish:

Duty;
Breach of Duty;
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By  David Wolf, Attorney and Samantha Vloedman, Law Clerk

Published by Child Injury Lawyer Blog

Poster art illustration of an american football gridiron runningback player running with ball facing front done in retro style with words National League Championship.

Throughout the United States, children are being injured in youth sports every day.  Certainly, there are risks in most every sport. However, many injuries can be prevented with better supervision. Furthermore, when a child is injured, it is vital that coaches and trainers take timely action to address the injury and potential complications. This is especially true when a child suffers a head injury.

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By  David Wolf, Attorney

Bandage Child InjuryDuring the summer months, the temperature in various parts of the United States can easily exceed 100 degrees.  For children, especially those prone or susceptible to sunburn complications, the hot summer weather combined with poor supervision and common sense on the part of child care providers can combine to produce some significant sunburn related injuries.  Some sunburn injuries are so bad that they require medical care from an emergency room and / or a pediatrician. Certainly, a child can become sunburn when there is an extended time of play, sports, or outdoor activity.  The pursuit a claim or case will depend on the particular facts and circumstances as well as the significance of the injuries.  If a 8 year old child comes home with a mild sunburn, this by itself would not warrant – for practical reasons – the pursuit of a claim or a case.  However, if the child returns home with severe burns to the point that there is exposed skin and large painful blisters, then this situation could warrant the pursuit of an insurance claim or a potential lawsuit.
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By  David Wolf, Attorney

Fire Rescue Graphic Blue in SquareBounce houses are common sites in neighborhoods, parks, theme parks, attractions, and amusement centers. One potential dangerous condition in or near bounce house area is concrete.  If a bounce house is placed on concrete and there are any exposed areas, a serious personal injury can result.   There is also a danger to having any entry or exit areas near concrete.   As a child is entering or exiting a bounce house, the child can easily fall or lose balance.  This, in turn, can lead to a hard impact on the concrete.  This is especially dangerous if the child’s head hits the concrete ground surface.  Because of the dangers associated with bounce houses, it is advisable that bounce houses be installed by trained professionals and that all reasonable and available safety measures are provided to prevent serious injuries to children playing in or near the bounce house area.
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By Sara Schlafstein, Law Clerk and David Wolf, Attorney

Published by Child Injury Lawyer Network

In the State of Washington as well as other States, playgrounds provide children a place to have fun and be active.  Playgrounds allow children to move around, use their imagination, and interact with their friends.  To have fun, playgrounds should be a place where there can be a certain amount of adventure.  This must be tempered with safety and adult supervision.  Unfortunately, playgrounds can be the site of serious personal injuries or even the death of a child when equipment is in disrepair, equipment is not age appropriate for the children in and around the playground, equipment is dangerous, and / or there is a lack of supervision.   While most playgrounds are designed with safety in mind and provide a great environment for children, adult supervision should always be provided because most playgrounds have swigns, ropes, monkey bars, and / or elevated areas in which a child can be injured.  Furthermore, children need to be supervised to make sure that the playground is being used as designed.  Furthermore, any time that children play in the same area, there is always a risk of rough play, bullying, and other acts that can and do lead to the injury of a child.

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By Sara Schlafstein, Law Clerk and David Wolf, Attorney

Published by Child Injury Lawyer Network

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In Vancouver, Washington and other cities, children can often be found on school, public, and day care center playgrounds. Physical activity is an important part of the school day and can help enhance the education experience for children. It is important when children are in the playground that safety precautions are taken. Day care center works, teachers, and staff members should provide attentive supervision. While mobile phones are great tools, mobile phones can also be a distraction for adults charged with the responsibility of playground supervision. All parts of the playground should be supervised.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

Children%20Playing%20Safety.jpgSummer camps and playground should be locations where children enjoy the joy of free time and fun. It is a time to make the most of summer in an active and usually safe environment. Unfortunately for some children, playgrounds are the sites of serious personal injuries for children. When a child is injured during playground activities, is there always a legal case or claim to pursue? The simple answer to this question is No. It is important to note that the word “always” makes a big difference in the question posed about legal rights and responsibilities.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

U.S.%20State%20Map%20Washington.jpgIn the State of Washington, children are the unfortunate victims of personal injuries that are caused by automobile accidents, bicycle accidents, pedestrian accidents, playgroud injuries, school injuries, and other incidents. When a child is injured, a parent is faced with many challenges in dealing with the medical care, insurance issues, and, yes, legal issues that may arise in any given case. When a child is injured, it is important for a parent to stay calm and get the support of family and friends when getting through this most difficult period for the child and the immediate family. A Child Injury Lawyer can help guide the parent through the maze of issues and challenges that present themselves in most cases.