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re: My kid's classmate falls off monkey bars today, breaks arm - school to remove them tomorro

Posted on 5/4/17 at 8:14 pm to
Posted by GEAUXT
Member since Nov 2007
29608 posts
Posted on 5/4/17 at 8:14 pm to
What if they're allergic to grass!?!?!?!

:Triggered:
Posted by udtiger
Over your left shoulder
Member since Nov 2006
102316 posts
Posted on 5/4/17 at 8:17 pm to
frick lawyers.

frick them with a barbed wire dildo.
Posted by Bama323_15
Member since Jan 2013
2100 posts
Posted on 5/4/17 at 8:19 pm to
quote:

I always hated fricking monkey bars


Think you were using them incorrectly.
Posted by NorthEndZone
Member since Dec 2008
12120 posts
Posted on 5/4/17 at 8:24 pm to
I guess swing jumping for distance is also out of the question.

I went to a Catholic elementary school, and although we were not supposed to play tackle football and red rover at recess we sometimes did. The teachers even watched us jumping off the swings as long as no smaller children were in the landing zone.
Posted by Lsuhoohoo
Member since Sep 2007
96665 posts
Posted on 5/4/17 at 8:26 pm to


We used to climb to the top and stand on these things at my playground. I'm sure they're no longer around.
Posted by rattlebucket
SELA
Member since Feb 2009
11675 posts
Posted on 5/4/17 at 8:34 pm to
I sometimes wonder how many arms were broken by kids at the egyptian and mayan pyramids. I say lots. But they probably handled them way differently eh? Maybe some adobe mud on the should and a flauta then to bed? I dunno
Posted by tigersbb
Member since Oct 2012
10808 posts
Posted on 5/4/17 at 8:35 pm to
quote:

Public schools have discretionary immunity from personal injury lawsuits


Nope. They are liable in tort just like any other entity.

If litigated the plaintiff would need to establish some level of negligence on the part of the school system to impute liability. Some angles that could be pursued:

Negligent supervision - the age of the child might impact the level of supervision required

Condition of the equipment

Was protective landing material required

Teacher /student ratio on duty

The removal of he monkey bars could be used against them in litigation and they could be accused of spoliation of the evidence.

If equipment was in good condition and supervision was appropriate they would be better served by defending on the merits and characterizing this a fluke accident which could happen any place where kids play.

Posted by Poordog
Member since Apr 2013
106 posts
Posted on 5/4/17 at 8:41 pm to
Wrong. Public entities have discretionary immunity. The removal could not be used against them. That is a subsequent remedial measure and is specifically disallowed as evidence.
Posted by rattlebucket
SELA
Member since Feb 2009
11675 posts
Posted on 5/4/17 at 8:47 pm to
Lawyer speak sounds all well and good but when that injury attorney gets their jury in place it's all but over for the insurance policy.
Posted by 225bred
COYS
Member since Jun 2011
20401 posts
Posted on 5/4/17 at 8:49 pm to
As someone that literally broke their arm falling from monkey bars in grade school, this is pathetic.
Pussification of our country.
Posted by tigersbb
Member since Oct 2012
10808 posts
Posted on 5/4/17 at 8:56 pm to
quote:

Wrong. Public entities have discretionary immunity. The removal could not be used against them. That is a subsequent remedial measure and is specifically disallowed as evidence.


What state are you in? Are you referring to sovereign immunity? Discretionary immunity applies to decisions by public legislative bodies. It would be a stretch too apply that to this situation.





































































































































































































































































































































































































































Posted by Poordog
Member since Apr 2013
106 posts
Posted on 5/4/17 at 9:07 pm to
Discretionary immunity applies to Louisiana school boards and employees for employment related decisions such as allowing monkey bars on playgrounds and/or students on monkey bars.

BTW I agree it's ridiculous to remove based on one arm. Just don't think fear of suit is the culprit. Not a lot of lawyers looking to sue school boards for a broken arm.
This post was edited on 5/4/17 at 9:10 pm
Posted by zsav77
Member since Oct 2011
6104 posts
Posted on 5/4/17 at 9:15 pm to
quote:

My kid's classmate falls off monkey bars today, breaks arm


That happened to me in kindergarten... they didn't remove the jungle gym.

Instead, the nurse told me to quit crying, gave me an ice pack, and stayed two plus hours till the end of the day.

Things sure were different 35+ years ago
This post was edited on 5/4/17 at 9:16 pm
Posted by rattlebucket
SELA
Member since Feb 2009
11675 posts
Posted on 5/4/17 at 9:21 pm to
Holy
Return
Key
Batman!
Posted by Breesus
House of the Rising Sun
Member since Jan 2010
67023 posts
Posted on 5/4/17 at 9:25 pm to
quote:


What is this country coming to?



The two absolutely necessary however impossible to imagine reforms desperately needed in this country are Political Lobbying and Tort
Posted by HoustonGumbeauxGuy
Member since Jul 2011
30330 posts
Posted on 5/5/17 at 5:24 am to

Posted by johnnyrocket
Ghetto once known as Baton Rouge
Member since Apr 2013
9790 posts
Posted on 5/5/17 at 6:00 am to
In 1967 we had a kid in my elementary class break both of his arms on the monkey bars. We would play king of the hill and kids would
hang off you while you tried to cross the monkey bars span to the other side. The winner would make it across with most kids hanging off of them.

The principal told us to stop its stupid.
So we went back to making ramps and jumping them with our bikes at recess.

Ah the good old days.

We had a PE teacher just out of the
marines in middle school. He kept a cigarette in his mouth smoking while showing us how to do push ups. His wisdom was hey guys don't pick on that nerdy girl. One day she will have tits and nice tail. You want to keep her on your good side.

Man those were the day and coach was full of wisdom!
Posted by DingLeeBerry
Member since Oct 2014
11147 posts
Posted on 5/5/17 at 6:02 am to
Older elementary boys should be playing football and smear the queer at recess anyway.
Posted by KG6
Member since Aug 2009
10920 posts
Posted on 5/5/17 at 6:22 am to
I'm actually surprised this hasn't happen proactively and sooner. Not for it at all. But in this day in age, people freak about being liable for anything. I take my 2 year old to the park about once a week and let him climb on anything while I supervise. It's amazing how many unsupervised kids are hanging upside down from monkey bars and shite. Again, if they fall, I don't think anyone should sue. Especially the parent thats not supervising. But if I owned that park, my butt cheeks would be clinched the entire time those kids were playing because I'd be afraid they'd have that sue happy parent.
Posted by Sasquatch Smash
Member since Nov 2007
24740 posts
Posted on 5/5/17 at 7:31 am to
Hmm...did you obtain the rights to post that picture here?

quote:

All rights reserved, Dallas Public Library. Permission is granted to students and tearches to download images for classroom use. All other uses requires permission.
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