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February 4, 2021

Appellate Highlights

Appellate Highlights Caveat – Any of the Court of Appeals cases listed may currently be on review pending reconsideration. Dinsmoor v. City of Phoenix and Deer Valley USD 1 CA-CV 19-0045 (6/30/20) A high school student shot and killed his classmate and then himself off campus. The classmate had previously reported threats to the school […]

 

 
CONSULTATION REQUEST
Note: All fields are required.

 I have read and understand the Disclaimer

from our blog


Appellate Highlights

Appellate Highlights Caveat – Any of the Court of Appeals cases listed may currently be on review pending reconsideration. Dinsmoor v. City of Phoenix and Deer Valley USD 1 CA-CV 19-0045 (6/30/20) A high school student shot and killed his classmate and then himself off campus. The classmate had previously reported threats to the school […]

 

 

New Safety Rules Take Effect for Play Yards

On February 28, new federal safety standards go into effect for infant and toddler play yards.  A play yard is a framed enclosure with a floor and sides of either mesh or fabric. A product that usually can be folded for easier storage and travel.

Manufacturers and importers of infant and toddler play yards will be required to meet these new federal safety standards:

  • To prevent a child from strangling, side rails must not form a sharp V when the play yard is folded.
  • The play yard must have stronger corner brackets to prevent sharp-edged cracks and to also prevent a side-rail collapse.
  • All play yards must now have sturdier mattress attachments to the play yard floor to prevent children from getting trapped or hurt.

The Consumer Product Safety Commission (CPSC) has passed these new safety standards as part of the Danny Keysar Child Product Safety Notification Act, better known as “Danny’s Law.”  In Chicago in 1998, Danny Keysar died when a previously recalled play yard collapsed while he was napping, suffocating him.  CPSC passed these new standards to honor Danny and his family.

CPSC advises parents and caregivers who use a play yard for their toddler or infant to keep it bare of items because pillows, stuffed animals, or thick blankets can cause the suffocation deaths of infants.

When using a play yard for your infant or toddler, make sure you set it up properly according to the manufacturers’ directions. Only use the mattress pad provided with the play yard. Do not add extra padding.

And one more very important piece of advice from the CPSC, never place a play yard near a window with blinds, curtain cords, or baby monitor cords, because babies can strangle on cords.

Original article found here.

Warning from Child Injury Attorneys: Phoenix Trampoline Parks Are Dangerous

Back yard and school trampolines have always been a common source of child injuries. In 1991 the Consumer Product Safety Commission reported almost 38,000 trampoline accidents in the U.S. By 2010, that figure had grown to 92,200.  A 2012 report from St. Louis (KSDK) indicated that the Insurance Information Institute says every year there are more than 105,000 trampoline claims.

The newest mega-trampoline fad – indoor trampoline “air” parks – is not the safe playground that it is purported to be. Promoters call it flying and like anything that goes up, it is the coming down that is dangerous. In fact, child injury attorneys in Phoenix want the public to know just how dangerous these trampoline parks are.

 

SkyPark Accident Ends in Spinal Injury and Death

Very recently in Phoenix Arizona, Ty Thomasson suffered a catastrophic spinal injury at SkyPark Indoor Trampoline Park (40th St. and Indian School Rd.). He was participating in a children’s charity event at the private indoor park. Thomasson was said to have been attempting a flip into the foam-filled pit below the giant trampoline. The pit is filled with foam bricks intended to break the fall of anyone launched into it. Thomasson landed head first into the foam pit, causing blunt force injuries to his spine. He was immediately transported to Maricopa Medical Center where he died three days later from those injuries.

You might think that Thomasson’s death was a freak accident, but child injury attorneys in Phoenix assure you that accidents at these popular indoor facilities are common, may be serious, and are on the rise. The American Academy of Orthopaedic Surgeons advises against trampolines: “We do not recommend recreational use of trampolines,” says orthopedic surgeon Jennifer Weiss at Children’s Hospital in Los Angeles.

 

Trampoline Parks Are Largely Unregulated

As reported by child injury and safety attorneys, Phoenix area indoor trampoline parks, although clearly recreational, skirt safety regulations because the equipment they use is not regulated. Arizona does regulate amusement parks, but trampoline parks are not regulated because they use playground equipment. In Arizona, these recreational facilities must pass fire, structure, and sprinkler safety inspections, but are not inspected for their gym, athletic, and trampoline equipment – in this way they escape amusement park regulations.

These trampoline parks seldom require safety training certification of their staff. Compare that to our Phoenix area schools, where tumbling and gymnastics instructors are typically required to have extensive training and certification because of the risk of injury to children.

 

Trampoline Parks Attempt To Escape Liability with Waivers

Since Thomasson’s accident, police are continuing their investigation into his death at the newly opened SkyPark facility. Like all participants at these trampoline parks, Thomasson signed a waiver which excused the owners and operators of the trampoline park from any liability for his injuries.

Sky Zone Indoor Trampoline Park offers franchises and claims to be the “creator of the world’s first all-trampoline walled playing court.” It has many parks across the country, including one on Larkspur Drive in Peoria. The Sky Zone Peoria offers this notice and disclaimer on its website:

“All participants must have a valid Sky Zone waiver completed/signed prior to entering the Sky Zone playing court. Those under 18 must have their waiver signed by their parent or legal guardian. Jumping on the Sky Zone playing court is a fun & fit activity for just about any age, shape or ability. However, it is a physical activity and there is the potential for injury. Sky Zone asks you to please HAVE FUN, but FLY SAFE during your visit. Please adhere to court rules and participate within your own physical abilities. Please visit our FLY SAFE web page for more information on court rules and safety.”

By offering rebates, Sky Zone Peoria encourages the use of its facility for school fundraising and charitable events similar to the one that ended with Thomasson’s death. “For every paid admission attending your group’s event, your organization will receive a $3 rebate from Sky Zone.”

Sky Zone even has a special for those parents who want to bring their toddlers: “TODDLER TIME – EVERY DAY! Want to jump with your toddler…? [T]ry our Toddler Court… and accompanying adult jumps for free!” Our Phoenix child injury and safety attorney recommends that you follow the advice of the American Academy of Orthopaedic Surgeons and avoid taking toddlers to trampoline parks.

Another indoor trampoline park, Jump Street, has locations in Chandler and Glendale, Arizona. The Jump Street waiver policy is simple: “no waiver, no admission.” According to Fire Chief Brad Miller, Jump Street Chandler alone has had 31 ambulance responses since January of 2010. But it isn’t just SkyPark, Sky Zone, and Jump Street – other trampoline indoor amusement parks include Airworx, Flip Dunk Sports, Sky High Sports, Rebounderz, and Xtreme Trampolines, to name a few.

If your child has been injured in a trampoline accident, contact the Law Offices of Shane L. Harward immediately at 480.874.2918 for a Free initial telephone consultation.

 

Resource:

Phoenix Man Dies after Spinal Injury at Indoor Trampoline Park

http://www.ksdk.com/news/article/319311/3/Trampoline-injuries-on-radar-of-insurance-companies

Parents Call An Arizona Child Injury Attorney When Playground Turns Dangerous

When you drop your child off in the care of teachers at the school or a daycare center, you assume that your child will be properly supervised and that the playground equipment will be safe, in good-working order, age-appropriate, and designed to minimize the occurrence of potential falls and injuries. After all, isn’t it their job to watch over and protect the children who are placed in their care?

An experienced Arizona child injury attorney knows that playground accidents and injuries don’t just happen at schools and daycare centers. Accidents can happen when a parent takes a son or daughter to play in the local park or when a child plays with a neighbor in the backyard. An Arizona child injury attorney also knows that it isn’t necessarily a supervision problem that results in playground accidents. Defective designs, faulty manufacturing, and improper installation procedures can render playground equipment dangerous and the source of serious child injuries.

Arizona Child Injury and Safety Attorney Discusses the Dangers of Playgrounds

Nothing strikes terror in a parent’s heart more than news that his or her child has been injured and is in the emergency room after a serious playground accident. With children under the age five, injuries to the child’s face and head are more likely to occur during a playground incident. With children over the age five, injuries to the child’s extremities occur with greater frequency. Playground accidents commonly result in fractured bones (arms and legs), soft-tissue injuries, and lacerations. Unfortunately, playground accidents can also result in traumatic brain and spinal cord injuries . Any of these injuries can be severe, life-altering, and even life-threatening.

Most children’s injuries from playground equipment involve falls, so ensuring that the equipment is at a safe height given the age of the children using that playground is a safety essential. But there are many problems that can render monkey bars, swings, ladders, slides, merry-go-rounds, rings, jungle gyms, and playground equipment in general unsafe. Failing to replace or remove damaged playground equipment is certainly a safety concern for children. Maybe the school, park, or childcare facility decided to cut back on its expenses by skipping regular inspections or delaying necessary repairs, a painfully inadequate excuse for endangering any child’s health and safety. Maybe the school, park, or daycare facility did not have the appropriate shock absorbing surface under the playground equipment.  Perhaps the playground equipment had inappropriate platforms without guardrails or protective barriers.  Maybe the accident involved playground equipment that is not recommended for use on public playgrounds including:  Trampolines, Swinging Gates, Giant Strides, Climbing Ropes, Heavy Metal Swings, Multiple Occupancy Swings, Rope Swings, or Swinging Dual Exercise Rings and Trapeze Bars.

Holding Responsible Parties Liable for Child Accident Victims

Whenever a child’s playground injury is the result of negligent supervision, defective equipment, dangerous playground conditions, poor maintenance, inappropriate use of materials like asphalt, cement, or hard-packed dirt, to name only a few possible hazards, the parties responsible should be held accountable and fairly compensate the injured party’s family.

There are a couple myths regarding playground child injury cases that need to be dispelled. First, some parents believe that if their child was injured while using the equipment inappropriately that there can be no recovery – this is absolutely not so. Although the value of the ultimate recovery may be affected, there still can be a potentially valid legal claim for compensation depending upon the circumstances of the incident.  This is especially true of facilities that do not have sufficient staff supervising to protect against misuse for the number of children at the play area.  Second, other parents may feel guilty and hold themselves responsible for allowing their child to play on the unsafe equipment in the first place – please do not let this guilt dissuade you from holding those responsible for the defective equipment accountable on behalf of your and other children. Holding the individuals, bureaucrats, and corporations that created the hazardous playground environment responsible and accountable not only helps your injured child and family recover, but also protects other children because your claim is a powerful deterrent against continued dangerous acts or omissions with respect to playground safety concerns.

When the Playground Becomes an Accident Scene

Arizona child injury and safety attorney Shane L. Harward has the experience you need to get fair and just compensation following your child’s playground injury. He has been fighting for the rights of Arizona’s injured children since 1995. When it is your child who has been injured, don’t delay – call 480.874.2918 today. When you need compassionate representation and aggressive advocacy from an Arizona child injury attorney, contact the Law Offices of Shane. L. Harward.

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