A Very Bad Day

[jen]

It is really frightening how liable we are, especially as daycare providers but also just as everyday citizens.

For example, my SIL works as a paralegal for a major insurance company, home & auto, not medical. They recently settled a lawsuit where the insured had a basketball hoop off the driveway. Some neighborhood kids, without permission, were using it. Apparently, they were trying to dunk and hanging on to the rim, bringing the hoop down on themselves. Although the injuries were minor the parents of the kids sued and recieved payment.

[Carole's Daycare]

Yep- unless you have posted No trespassing signs you cant even argue that its your property, therefore they shouldn't be there. You have to assume that people will access your property and use/misuse things, then injure themselves and sue unless you have big padlocked fences and posted signs saying enter at own risk, no trespass etc. They'll still sue, but your odds are better, but even then its no guarantee they wont win. People have no respect for other peoples property/belongings nor are they ever willing to accept responsibility for their own mistakes/behavior. Always an excuse, always not their fault. Society is definately going down the crapper.

[Daycare Mommy]

It is really frightening how liable we are, especially as daycare providers but also just as everyday citizens.

For example, my SIL works as a paralegal for a major insurance company, home & auto, not medical. They recently settled a lawsuit where the insured had a basketball hoop off the driveway. Some neighborhood kids, without permission, were using it. Apparently, they were trying to dunk and hanging on to the rim, bringing the hoop down on themselves. Although the injuries were minor the parents of the kids sued and recieved payment.

That is just sickening. I hate hearing stories like this. What is this world coming to?

[Vesta]

We have some no trespassing signs up, but I think we will be going out tonight and putting some more up. Maybe one on each gate?
Man, that makes me nervous.

[Chickenhauler]

Deleted due to the smart ass comments that followed.

Must be nice to be a moderator, and be able to edit out your own words when someone else quotes your words in your own writing, then be all high and mighty and call them names.

[jen]

I get what you are saying Mac, but with ANYTHING comes inherent risks. The schools system can't afford to pay for every injury...most districts are struggling to pay for teachers.

Think of it this way...your child gets hurt playing dodge ball so the school has to pay the bill...guess what? No more dodge ball.

Next week little Timmy trips while running the half mile and scrapes up his face, Mom and Dad are "worried" it will leave a scar and take Timmy to the doctor, the school foots the bill. No more running...

The week after that Susie burns herself on the buson burner in science class and the school gets the bill...

Anything and everything can cause injury, who would determine what is going to be prohibited, what bills will be paid...can you imagine the lawsuit that would ensue if your child's bill was paid and another child's wasn't?

It is every parents responsibility to ensure that their child has health and dental insurance and to pay the bill when their kids get hurt unless the injury was due to negligence.

All that said, I know it ****s when these unexpected bills come in to play!

[DBug]

Our high school didn't have a football team because someone got hurt and sued.

So we had rugby instead ::

[jen]

I am not talking extracurricular sports, I am talking gym class that is a requirement.

Me too!!!!!

[missnikki]

I think the issue here is negligence vs. assumed risk. If appropriate measures were taken to ensure safety, then it is a non- issue. Now what are appropriate measures? It would be reasonable to expect supervision, age-appropriate grouping, game play instruction, and a proper ball (Not play dodgeball with a basketball, for instance). If the injury is caused by two kids colliding, the assumption of risk is there already for that reason.
I'm sure that at the beginning of the year, you were asked to fill out an 'emergency card' which outlines the liability of the school as well as a medical release form asking for limitations. It is possible that in the paperwork you signed, that it said somewhere "If you have any concerns please discuss them with..." This would be all the school needed to cover themselves in the situation of assumed risk.
HOWEVER, I definitely understand what a bummer that must have been. Poor guy! (I always feared the Dodgeball)

[Chickenhauler]

Our high school didn't have a football team because someone got hurt and sued.

So we had rugby instead ::

I've played both, and play hockey and race off road motorcycles, but have to agree with irony here..****gby is one of the roughest sports I've ever played.