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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 […]
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Child With an ACL Tear? Take Quick Action
One of the most common injuries for active children and teenagers is a tear in the anterior cruciate ligament, commonly known as the ACL. While some ACL tears can heal on their own, commonly they require surgery, and according to new research, there is a very short window of opportunity for optimal healing.
According to the study, published by the American Orthopaedic Society for Sports Medicine, when ACL surgery is necessary, it is crucial to avoid delays. Obviously knee surgery on any child should be avoided if possible, but there are many cases where the surgery is needed. One of the biggest things they found in the study is that there is an increased risk of lateral meniscal tears in patients who had surgery delayed or cancelled.
Unfortunately, knee surgery can be immensely expensive, so what this means for parents whose children were injured by faulty or defective products, is that the quicker they can pursue legal action against the guilty parties, the sooner they will be able to get their children back to 100%.
The last thing any parent wants is to cause their children long-term harm, and as mentioned in the study, putting off the surgical treatment of an ACL tear highly increases the risk of additional knee impairment later in life.
If a person or entity is responsible for your child’s knee injury, it is advisable to take all necessary legal steps quickly.
Bounce House Injuries Becoming Increasingly Common
Bounce houses are a seemingly normal part of childhood. I imagine most adults nowadays have played in them at least a few times. They’re soft, light, and filled with air, so nothing should be able to go wrong with them.
Unfortunately as has been seen on several recent news stories, they can be very dangerous under certain circumstances. While a properly-grounded bounce house is fairly hard to seriously injure oneself on, one that is not rooted strongly enough can be picked up by a strong gust and launched into the air.
Such a thing happened just last month when 2 young boys were inside a bounce house that got blown up into the air, and they ended up falling from about 15 feet high. Luckily both boys suffered only minor injuries, but if the gust were strong enough, it could have been 40 feet high instead.
The truth behind bounce houses is even a little darker than that would suggest, as well. According to emergency room reports, bounce house injuries are very common, and are actually getting increasingly frequent.
Safety experts have been performing studies on bounce houses, and have found that the rate of injuries has increased by 1500% when comparing 2010’s data with 1995’s.
The reason these injuries are becoming more frequent is that not only are bounce houses more popular than they used to be, but they are often DIY kits sold at toy stores, and parents are simply not anchoring them properly.
Over 11,000 children are injured every year in bounce houses in the US alone. 20 states have adopted mandatory operation requirements regarding how deeply mounting stakes must be driven and how many attendants there must be at all times.
It is only a matter of time before the other 30 states adopt similar regulations.
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
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