Coddle Call
Lawyers and litigious parents grubbing for dollars -- dollars for what used to be normal, expected childhood accidents from play -- are killing all the fun of childhood. From an IBD editorial:
Fearing lawsuits over injuries, a West Virginia county is removing swing sets from elementary schools. A minor, local issue? No. America's litigious society has changed the way kids play.Roughly a year after a child broke his arm jumping off a swing like Superman and his parents are settling a lawsuit for $20,000, Cabell County, W.V., schools are yanking swing sets from school playgrounds. The lawsuit was one of two filed in the last year against Cabell County schools over swing set injuries, the West Virginia Record reported Thursday. School safety manager Tim Stewart, who is overseeing the removal, said he sees "a high potential when it comes to swings and lawsuits."
What's happening in Cabell County is not an isolated case. Local governments, fearful of lawsuits, have been for years closing pools, stripping playgrounds of equipment and banning outdoor games.
A Massachusetts elementary school has told students they can't play tag. One Boston school forbids handstands while another in Needham, Mass., doesn't allow students to hang upside down from the monkey bars. A pool in Hazleton, Pa., closed some years ago after a swimmer sued for $100,000 because he cut his foot running and jumping into the pool, though he'd been warned not to.
"There is nothing left in playgrounds that would attract the interest of a child over the age of four," Philip K. Howard, lawyer and author, wrote in the Wall Street Journal in 2008.
Sounds like I'm gonna be a terrible parent! I've every intention, 6 years or so from now, to toss my soon-to-be-born (if all goes well, in October, knock on wood) baby out the door and let her roam the fields and forests with her friends. Its very civilized here with no bears or anything, just rodents, foxes, and deer. I hope she builds a treehouse or at least a fort on the ground, rides her bike and discovers new places, and catches critters in the creek.
And no, I will not accompany her everywhere. What would the fun of that be?
NicoleK at September 3, 2010 2:26 AM
Theres hadly anything in public parks hat would interest anyone UNDER the age of 4.
I remeber the park across from the local high school riped out all the slides the week after a kid fell off of one. The replaced them with one of those 'safe' plastic snap together things with the rubber mats. Onlt to yank that out when some kid crwed along the outside of it and fell.
I was at a city council meeting(going for one of my citizenship merit badges) where parents were complaining about how all the playground equipment wthe grew up on was gone.
Now this park was on of the last ones I ever saw with an honest to god merry go roind in it.
The city council memeber explained that due to a number of lawsuits by local residents over child injuries they couldnt afford to let anyone else get hurt on playground equipment.
The parent bitching at the city council sarcastically suggested they also tear down the half dozen soccer goals as someone might run into one someime in the future. The next week they were gone.
Later that year the city soccer leauge uses little orane cones to outline the goal posts, every gaol was disputed to the point it devolved into a shouting match and that ws the last year anyone signed up for soccer.
Nobody uses that park for anything anymore
lujlp at September 3, 2010 7:08 AM
That's child abuse, NicoleK! ;-)
Oh, and good luck.
I R A Darth Aggie at September 3, 2010 7:11 AM
All this and the kids are going to die anyway. It's almost enough to make me believe they should be allowed to have some fun while they are alive.
MarkD at September 3, 2010 7:26 AM
It's getting increasingly better to just raise your kids in a foreign country rather than in the US, if you can afford to move over there.
Tony at September 3, 2010 7:43 AM
I've already bitched on this topic several times, might as well say it again.
There are many schools that have pretty much outlawed recess. There are many schools that have already removed playground equipment.
This meshes quite nicely with the screaming about childhood obesity. Anybody getting the idea yet? Anyone? Anyone?
Pricklypear at September 3, 2010 7:44 AM
And we wonder why kids are obese and on drugs.
to me the telling line is: "a high potential when it comes to swings and lawsuits."
Not a high potential when it comes to swings and injuries but a potential of lawsuits.
We so desperately need tort reform.
Joe at September 3, 2010 7:45 AM
School boards, city councils, and the people who sue them: do any of these folks sound like they've ever had any fun? Or would even know how?
Hey NicoleK -- Congratulations! Exciting times!
Old RPM Daddy at September 3, 2010 8:20 AM
I think part of the impulse to sue is because there are more costs associated for breaking an arm - deductibles, scans, etc, so now, of course, people want to be compensated for their economic "pain and suffering". Also, now that more women are working, caring for a kid who broke a limb can snarl up existing child care and sports activities (Bobby was supposed to be in karate on Mondays and gymnastics on Tuesday, darn it!) so it becomes a huge hassle. So of course you should be compensated for that!
My take on it is, if your kid breaks a bone, that's life. It's how they learn not to do crazy stuff. That's why you're supposed to have savings, for emergencies like this.
Nora at September 3, 2010 8:47 AM
My youngest broke her leg going down a spiral slide at a city park. She got it underneath her and it just went *POP*. This was at a school outing, and everyone was real quiet.... probably wondering if I was going to sue everyone within a three mile radius.
Funny, the problems in my life are not going to be solved by more money.
Juliana at September 3, 2010 9:02 AM
Come to think of it; if this lawsuit was public knowledge, they should put up a sign at the playground that states the reason for the missing swings. "Little Bobby Smith's asshat parents sued us for normal life happening to their son. We can't afford it again, so be sure to thank them."
Juliana at September 3, 2010 9:06 AM
Heh. My son broke his arm falling off the monkey bars at school in 3rd grade. The next year the monkey bars were gone. No, I did not sue. I was ticked that the school nurse told him "Quit complaining. Your arm is fine." I was never told about the injury by the school and my son was reluctant to tell me because he was told to "quit complaining."
He also broke his pinky finger in a pick up game of basketball during recess in 7th grade. Another kid lost his balance and fell on mine. No, I didn't sue for that one either.
He's a boy. They do things like this.
LauraGr at September 3, 2010 9:22 AM
I was never told about the injury by the school and my son was reluctant to tell me because he was told to "quit complaining."
_________________
So how DID you find out?
lenona at September 3, 2010 10:14 AM
I broke my finger using a broken swing set. I had put a rock in the chain to hold it up, and then while swinging the rock fell out. I landed on my finger. It was obviously broke, and the teacher looked like she was about to throw up as she sent me to the nurse's office.
My mother took me to the doctor, not the emergency room. They took x-rays, set it, put me in a brace, and I was on my way for six weeks. Eight weeks later I broke my arm, but that's another story.
The school had insurance that paid for my doctor bills. And I feel like they should have for neglecting to repair the swings. I feel like in most injury cases, schools have insurance that will cover them, and when it doesn't, they probably don't deserve a win in a lawsuit. Too many people are sue happy instead of just taking a doctor bill to the superintendent...Or they do what's wrong with our healthcare and they call an ambulance to take them to the Emergency Room.
Cat at September 3, 2010 10:48 AM
"So how DID you find out?"
--------
My son eventually came to me and told me his arm hurt. It was a couple days after the fact. He had a non-displaced spiral fracture and was not immediately or visually obvious. Plus, it was his non-dominant hand. And he is a tough little booger.
LauraGr at September 3, 2010 11:01 AM
Who actually finds for the plaintiff and showers $$$ on them in these cases?
When my rage subsides, I realize it's a combination of factors:
- Our clueless, spineless lawmakers allow these frivolous lawsuits to make it to court, or don't enact legislation protecting property owners from "reasonable use" mishaps.
- Litigious asshat parents.
- Irresponsible jurors and judges.
- Lawyers.
- Property owners / public servants who buckle at the first sign of trouble (they get a bit of a pass for removing the playground - moral courage is all well and good, but you can't pay the bills with it).
I can imagine standing up in a board meeting to decry the nanny state, and someone saying "If you feel that strongly about it, you absorb the risk." Not sure how I'd respond to that. Suggestions?
DaveG at September 3, 2010 2:41 PM
I'd agree, and then offer to build my own kids their own park in my own yard with the refunded tax money they have been assessing on my property.
Shit it aint that hard - put up signs saying parents are responsible for their children and that the city assumes no liability.
By the way given were supposed to have a jury of our 'peers'. Maybe in cases like this everyone in the jury should be from the town getting sued
lujlp at September 3, 2010 2:59 PM
Two words: loser pays. That and restoring a sense of shame into society would be nice.
mpetrie98 at September 3, 2010 5:25 PM
Most of the lawmakers are lawyers, right? Maybe that's part of the problem. Don't they take care of their own? Or maybe they just like confusing legalese.
Bills should be 20 pages or less. More than that is impossible.
Kris L at September 3, 2010 9:06 PM
Shit it aint that hard - put up signs saying parents are responsible for their children and that the city assumes no liability.
Unfortunately, those signs generally don't work. I remember when I was on a tour I signed up for river rafting (I think it was) and the tour guide (not the rafting guide, they guy on our bus) explained that there when we signed the release, it really was a release, unlike the US, and in order to successfully sue them we would probably have to show they were actually out to get us. In fact the signs can work against you, since you put the signs up, you clearly knew it was dangerous!
The Former Banker at September 3, 2010 10:28 PM
I think Nora has an interesting point. Costs really have gone up. I can remember friends breaking their arms as a child and it was a couple hundred bucks out of pocket. I just did some googling and now it looks like the common range is 2100-3000 with some a lot higher and some other broken bones being really high.
Second, only one of the moms in my neighborhood had a regular job. So they could ferry the kids around without it being a big deal. Now, I don't know of a single SAHM. Parents are likely going to have take time off/leave early/etc from work.
Activities could be screwed up and they seem so demanding now.
It does seem like now it would be a much bigger deal for a family. Perhaps that does explain the increased lawsuits - at least partially.
they also have to deal with insurance companies who can raise rates, particularly if you don't do what they want. Example, a Condo down the street caught fire because the dryer exhaust got plugged at it caught fire so we (a separate Condo org) had to have all ours inspected and cleaned or our rates went up 10% more. A claim against a swing - all swings are gone or Schools/Parks major expense becomes insurance.
The Former Banker at September 3, 2010 10:44 PM
I could see making the school pay for the doctor bills if it happened on school grounds during school hours. I don't agree with it, I think one's personal insurance/savings should cover it, but I can see it.
I can't see compensating the people beyond the cost of the doctor bills and time lost.
NicoleK at September 4, 2010 1:07 AM
Perhaps every parent should be required to sign a waiver stating that if their child jumps off a moving swing that the school district is not liable. Of course this would also require constant adult supervision and probably a permanent video camera on the premises that could provide the necessary evidence if needed. All kidding aside, bring on tort reform!
Clay Boggess at September 16, 2010 5:00 AM
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