By David Wolf, Attorney
Published by Child Injury Lawyer Network
Playgrounds are placed in virtually every community in the United States. Some are new. Some are old. Some are well maintained with up to date inspections and repairs while others fall into rust and disrepair. It is vital that playgrounds are frequently inspected and maintained. When a playground is negligently maintained or supervised, children are at risk for personal injuries or, even worse, wrongful death.
By Will Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
In high schools throughout the nation, high school athletes are pushed to their physical limits and beyond their limits as well. Both male and female high school athletes often times push through injuries through their own dedication or the push of their coaches to compete. Concussions / head injuries are a serious problems in high school sports / athletics. A study completed at the Center for Injury Research and Policy at Nationwide Children’s Hospital in Columbus, Ohio showed that over 40 % of athletes who suffered a head injury / concussion returned to play too soon. The short and long term effects from a concussion are exasperated and prolonged when the student athlete has not been enough time to recover from the damages / injuries caused by the concussion.
By Thomas J. Duff, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
As summer approaches, more and more children will be attending outdoor activities under the supervision of schools and child care providers. Parents and guardians are routinely required to sign permission slips before a child is allowed to go on a field trip to an amusement park or the local swimming pool. Does a permission slip signed by a parent make the school or child care provider not responsible for accidents and injuries?
By David Wolf, Attorney
Published by Child Injury Lawyer Network
In King City, California, an 11 year old girl (Ester Rubio) recently died. She had been shot several times at a soccer match at King City High School. She was shot in the stomach. Ester received medical care at Stanford Medical Center and at Good Samaritan Hospital in San Jose, California. Three juvenile criminal defendants were arrested in the shooting.
By David Wolf, Attorney
Published by Child Injury Lawyer Network
In Tennessee and other states, swimming pools can pose a serious risks of serious injury and death to children who do not appreciate or understand the risks associated with swimming pools. Pools that do not have secure gates, barriers, and / or lifeguards pose a particularly high risk of danger. This is especially true when evaluating pools at apartment complexes, condominiums, resorts, hotels, motels, summer camps, and other areas.
By David Wolf, Attorney
Published by Child Injury Lawyer Network
Hawaii is a scenic State with many bicycle trails. There is plenty of good biking in Hawaii; however there are many areas where bicyclists are injured while biking through winding trails and roads and over high and steep terrain. The Honolulu Advertiser newspaper web site recently reported that a bicyclist was injured near Kaena Point when he crashed into a 20 foot ravine. He may have suffered a fractured limb in the incident. The man was riding with a group of other bicyclist at the time. He was later airlifted via helicopter and then transported over to an ambulance to be taken to a local hospital.
By Stephanie F. Brown and David Wolf, Attorney
Published by Child Injury Lawyer Network
In an Eleventh Circuit United States Court of Appeals decision on January 23, 2009, the Court found that three Rockdale County (Georgia) High School football coaches were entitled to qualified immunity from a lawsuit alleging due process violations. The parents of Tyler Davis filed a lawsuit on behalf of their deceased son who died the morning after a voluntary workout session for the Rockdale County High School football team. The parents alleged that Tyler’s substantive due process rights were violated when the coaches failed to provide enough water to keep Tyler hydrated, ignored signs and Tyler’s complaints of becoming dehydrated, subjected Tyler to rigorous conditioning drills at the end of a two hour practice session, and failed to attend to Tyler until after a team meeting even though he had collapsed in the middle of the drills. The parents alleged that even though the workout was voluntary, Tyler was subject to further discipline from the coaches if he failed to perform all of the exercises and activities in the workout.
By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
A Wisconsin cheerleader, Brittany Noffke, was a student at Holmen High School near La Crosse, Wisconsin. While practicing certain moves and students before a basketball game, Brittany suffered a head injury. The stunt required Brittany to stand on another cheerleader’s shoulders and then required another student to catch her or spot her while performing the spot. Brittany fell backward but the student standing behind her did not catch her. As a result, Brittany fell to the ground and suffered head injuries. In Wisconsin, these type of cases require a Plaintiff / injury victim to prove recklessness in order to recover compensation for injuries. This can be a tough standard to prove. Fortunately, these onerous legal standard does not apply to all other States. A negligence standard would be a more reasonable standard to follow in Wisconsin and other States.
By Jeremy Vishno and David Wolf, Attorney
Published by Child Injury Lawyer Network
In Connecticut, a family went snow tubing at a recreational facility. In order to use the snow tubing area, the business / recreational facility required the family to sign liability waivers which purported to release the snow tubing recreational facility from liability even if there was negligence on the part of the facility. The family went snow tubing that day and a child was injured when his foot got caught between the snow tube and a man made bank. The parents sued on behalf of the child who had a number of surgeries due to the personal injuries sustained during the snow tubing outing. The trial court threw out the case and this ruling was appealed and ultimately reached the Connecticut Supreme Court. The justices on the Supreme Court reversed the trial judge’s ruling and ruled that the liability waiver was invalid and against public policy for the State of Connecticut.
By Stephanie Brown and David Wolf, Attorney
Published by Child Injury Lawyer Network
In Georgia, rules and regulations are in place for the set up, supervision, and maintenance of playground equipment for Georgia Day Care Centers. The purpose of these rules and regulations is to promote safe play and ongoing supervision so as to limit or prevent child injuries that often take place when children play on playground equipment. Pursuant to Chapter 290-2-2-.12 (aa) (8) & (9), Physical Environment and Equipment – Rules and Regulations for the State of Florida, day care centers need to arrange outside playground equipment so that supervision of the children is not obstructed. The Georgia legislature recognizes the importance of supervision. If equipment prevents or obstructs proper, close supervision, then the facility may not be in compliance with these Georgia rules and regulations. Climbing and swinging equipment, like ladders, monkey bars, and other equipment, shall be properly anchored and shall have a resilient surface beneath the equipment and the fall zone that is adequately maintained. In addition to the above, day care centers should make sure that swings, ladders, slides, and other playground equipment are free from litter, sharp edges, and other hazards. Playground equipment can rust and become deteriorated over time. As such, it is important for a day care center to institute and follow a maintenance and inspection program to make sure that the playground equipment is safe for continued use and free from hazards. You can read about the rules and regulations at Chapter 290-2-2.12 (aa) (8) & (9), Rules and Regulations for the State of Georgia.
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