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improperly maintained playground leads to injury?


by LIVEFREE ::kb::

Question by Bunniculette: improperly maintained playground leads to injury?
i see a LOT of negative answers about personal injury suits on here, so before i get trashed here is the story. my son took a bad spill at the playground, which i accept is going to happen from time to time. he’s very active and, as a result, VERY resilient. i try not to hover, but stay close by to assist. i walk the fine line between trying not to stifle him and keeping him from killing himself. not an easy task.

he fell off one of the climbing platforms at the public park, face first and my first reaction to the instant bruising/swelling on his face was to take him directly to his pediatrician, maybe the hospital. however in the few minutes it took to gather his stuff up while he screamed, he stopped crying, let go of me and ran off to join some older boys headed to the swing area. the pediatrician gave me the info over the phone about watching for concussion and i brought him to my mother’s house for her to take a look too (since i was horrified and she’s the expert as far as i’m concerned, lol.) she seemed to think he was fine too, but was concerned as to how he could have hurt himself so badly.

i explained to her that when he fell, he landed on an exposed support pipe and she suggested i contact the parks department to make a complaint. this way it could be fixed and another child would not get, perhaps even more seriously hurt. it seemed reasonable, so i planned to go down to their office. the next day when my co-workers, who witnessed the whole thing (since we were having a play date) inquired about my son and i gave them the run down, thought the township should just be “happy” i “don’t sue” and a complaint was the very least i should do.

i’m not sue happy, the thought honestly never occurred to me. however i took a look online, out of curiosity about playground regulations. apparently fall areas, beneath designated climbing equipment are supposed to be layered with a minimum of nine to twelve inches of cushioning (cedar chips, rubber, whatever.) reading this made me pretty mad, on top of being upset about the poor little guy’s suffering, my feeling like crap and questioning my mothering approach. besides the fact that it was pretty embarrassing going out in public with a child who looks like they lost a heavy weight match. obviously i know kids fall when they are playing, they will get hurt and you do your best to monitor them so they don’t get hurt too badly. i was really surprised, upset and angry that this injury didn’t have to be so severe had the playground met the safety standards. accidents happen but i would like to think that every measure possible to minimize the severity of them would be taken.

now that the bruising & swelling is gone and the cut has healed, he has a nice big scar curling around his eye. i’ve noticed that when he smiles or laughs there is a DENT in his face beneath the scar (which you couldn’t see when it was swollen) and have scheduled him an appt for monday to see the doctor and hopefully get an xray if needed. i feel like crap for letting the ped and my mom make me feel like i was over reacting, and for my ignoring my mommy-gut to bring him for an emergency visit. plus i’m worried about whether there is some underlying damage, if it will be an issue as he (rapidly) grows either with his eyesight or facial deformity.

obviously i have to wait and see what the doctor says now on monday. hopefully she will confirm her original assessment that he’s fine, it will eventually go away and i’m just being an over reactive first time mommy…. but if you were in this situation what would you do? are my friends right? should i consult a lawyer?

Best answer:

Answer by Steffah
I’d let it go. Kids get banged up sometimes, it’s part of being a kid. When he’s older, there’s a good chance he’ll look back and laugh, or brag about his ‘battle scar’. Playground’s can’t be 100% safe.

Add your own answer in the comments!

1 comment - What do you think?  Posted by - March 29, 2011 at 3:13 am

Categories: Personal Injury Lawyer   Tags: , , , ,

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Be the first to comment - What do you think?  Posted by - March 19, 2011 at 12:17 pm

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Florida leads U.S. in faked car accidents

Florida leads U.S. in faked car accidents
Florida leads U.S. in faked car accidents
Read more on The Palm Beach Post

Washington Personal Injury Lawyer, Jason Epstein, Named 2011 Rising Star by Washington Super Lawyers
Seattle, Wash. February 8, 2011 For the third year in a row, Jason Epstein, Seattle personal injury attorney and Washington car accident lawyer, has been named a Rising Star for 2010 by Super Lawyers Magazine. According to the Super Lawyers, to be eligible for inclusion in Rising Stars, a candidate must be either forty years old or younger or in practice for ten years or less. No more…
Read more on PitchEngine

Be the first to comment - What do you think?  Posted by - February 14, 2011 at 3:14 pm

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Recksiedler, Craig, DuPont take early leads in judicial races

Recksiedler, Craig, DuPont take early leads in judicial races
Voters deciding four judgeships Early returns showed Sanford trial lawyer Jessica Recksiedler with a comfortable lead over Oscar Hotusing of Brevard County in a race for a Sanford circuit judgeship.
Read more on Orlando Sentinel

On the shelf
Dallas attorney Windle Turley takes wing as a monarch photographer.
Read more on Fort Worth Star-Telegram

Terra Firma Loses EMI Lawsuit
Jury finds Citigroup not guilty of defrauding Guy Hands in the purchase of EMI.
Read more on FMQB

Be the first to comment - What do you think?  Posted by - November 6, 2010 at 2:00 pm

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Attorney Leads – A Sales Lead Guide For Lawyers

Attorney Leads – A Sales Lead Guide For Lawyers

Being an attorney, you are a member of one of the most important professions in society. But of course, you must be able to generate business for yourself to earn a living, especially if you are a new lawyer. You may not be trained in sales, but you do have to sell yourself. This article provides information on generating “attorney leads” for yourself to find new clients. The scope of this article entails using the internet to generate leads. The easiest internet resource to use is Google’s AdWords program, where you place ads on Google’s search results to draw visitors to your website.

Google AdWords – Generating attorney leads through Google is quite easy, whether you are a family lawyer, intellectual property lawyer (patent, trademark, copyright), corporate lawyer, litigation lawyer, real estate lawyer, criminal lawyer, personal injury lawyer malpractice lawyer, or any other specialization. Google’s AdWords program allows you to purchase specific keywords that will place a link to your website in the search results when someone searches those keywords.

Of course, you will need to have a website for Google to send visitors to to be able to use this program. If you do not already have a website for your law practice you can hire a website designer to create a professional looking site for under 0. Then you purchase keywords (usual cost is between 5 cents and per click) that you think internet users are searching when they are in need of your services. Some examples of keywords that you can buy are: New York litigation lawyer, Chicago corporate lawyer, Dallas bankruptcy lawyer, Seattle family lawyer, or Toronto business lawyer. Or you can even use general law terms like the following: DUI, structured settlement, insurance, mesothelioma, asbestos, liability, libel, and slander.

Again, this are just one internet resource that provides attorney leads to lawyers. There are plenty of other online and offline resources that you can use to promote yourself and to advertise your services, like business networking meetings and yellow pages ads.

 

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Article from articlesbase.com

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Be the first to comment - What do you think?  Posted by - November 5, 2010 at 5:15 pm

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Earth Day Concert Leads to Lawsuit



Brooklyn, NY (PRWEB) April 20, 2009

Nathan Currier, an award-winning classical composer, has filed suit in Supreme Court of the State of New York Kings County (Index No. 7661/2009) against the Brooklyn Philharmonic Orchestra for failing to complete the world premiere performance of his work Gaian Variations.

In celebration of Earth Day 2004, renowned scientist James Lovelock’s Gaia Theory was to be put to a new sort of experiment – by being cast into a symphonic composition. At Lincoln Center’s Avery Fisher Hall, Currier’s evening length piece was to have its premiere, performed by the Brooklyn Philharmonic, as reported last week in the New York Post.

When it became evident that neither of the two not-for-profit organizations who were committed to backing the premiere – Earth Day Network and the Brooklyn Philharmonic – could raise the money for the concert, Currier put in his savings. “I was willing,” Currier says, “because I felt and still feel that no idea is more urgent today. The most famous climate scientist, James Hansen, has suggested that we will soon be consigned to ‘a different planet.’ If the arctic essentially disappears in a few years, should we try technological solutions to save it? Public opinion will be important, yet the public is utterly unprepared for this. The simplest way to understand our situation is through Gaia Theory, which sees our planet as one vast metabolism. I saw it as both poetic and important science, and spent five years on the work,” stated Currier. Prominent composer John Corigliano described the parts he heard as, “Just beautiful. Very, very skilled work, and very inspired too.”

Things went drastically awry, though, according to papers filed in Court, when the concert was stopped mid-stream during the premiere, orchestra officials claiming they were going into overtime. The New York Times then harshly criticized the composition, saying the composer ‘seemed unable to end the work,’ that the concert had been stopped ‘as the piece neared the three hour mark,’ and that the text itself was ‘pseudoscientific.’

“Unlike Gaia Theory, the math is pretty simple here,” said attorney Alex T. Roshuk, who is representing Currier in the case against the orchestra, “because, despite the New York Times’ claims, the audio recording easily shows that the orchestra played for slightly under two hours, which for a three hour call is decidedly not ‘going into overtime. Our position,” continued Roshuk, “is that the breach stemmed from the orchestra management’s misinterpretation of union rules regarding intermissions.”

After the orchestra said they were heading into overtime, the suit further alleges, Currier acquiesced to making last-minute cuts. The orchestra did not perform them, however, and instead abruptly ended the concert at about 10:44 p.m. Currier was given a pro bono lawyer through Volunteer Lawyers for the Arts shortly after the performance, but when it was discovered that a client of the same law firm was on the Board of Directors of the Brooklyn Philharmonic, he lost representation. The case was forwarded to another law firm, but, being pro bono work, languished there. Currier then approached Mr. Roshuk, formerly counsel to the Wikipedia Foundation, who also worked as a manager and administrator in various arts organizations.

“Not long before the premiere,” Currier says, “under the aegis of the United Nations, more than 1,000 scientists from around the world signed a declaration stating ‘The Earth System behaves as a single self-regulating system,’ the central tenet of Gaia Theory. Now the next report of the Intergovernmental Panel on Climate Change, due in 2012, will for the first time use many of the gaian ‘feedbacks’ from life forms – material explained for the layperson in my Gaian Variations – in the climate models. But it might be too late.”

Roshuk says his client does not want to harm the orchestra. “I think they’re a fine orchestra,” said Currier. “I am not doing this for publicity, and certainly not for financial gain. The botched performance destroyed the message of Gaian Variations, and it is a message I feel is urgent.” Roshuk notes that his client would happily settle the suit if the work could be played again in its entirety.

For more information about this litigation please contact: Alex T. Roshuk at +1(718)552-7569 or through his website: http://www.roshuklaw.com. For more information on Nathan Currier consult his website at http://www.nathankindcurrier.com where a biography and musical excerpts will be found. A historical website promoting the performance can be found at http://www.gaianvariations.com.

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Be the first to comment - What do you think?  Posted by - October 3, 2010 at 9:18 pm

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