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Ensuring Playground Safety: A Principal's Reflection on a $4.6 Million Landmark Settlement
This Featured Article is part of our Playground Safety Series
by Dr. Melinda Bossenmeyer - The Recess Doctor
A settlement has been reached by HSPRD, a Wisconsin Law firm, amounting
to over $4.6 million, to compensate for the injuries suffered by a six-year-old
student, Alex Hook, in Wisconsin according to the HSPRD. The incident
occurred when Alex was playing on the school playground during recess and
was struck in the skull by a piece of metal rebar.
HSPRD took legal action on Alex's behalf in Kenosha County, Wisconsin,
targeting two main defendants: the concrete company responsible for leaving
the rebar in a grassy area near the playground, and the landscaping company
whose employee was operating a riding mower over the area during recess,
inadvertently launching the rebar towards Alex.
Initially, both defendants denied responsibility. However, HSPRD successfully
negotiated the settlement by utilizing forensic analysis of the school's
surveillance footage, which pinpointed the defendant's mower as the cause of
the injury. Additionally, documents obtained during the discovery phase linked
the concrete company to the rebar in question.
Following the incident, Alex underwent emergency surgery to save his life,
and endured a lengthy and complex recovery process, including multiple
additional surgeries. While Alex has thankfully made a remarkable recovery,
he bears a permanent scar on his head as a reminder of the ordeal.
Mark Dym, representing Alex and his parents, Caryn and Kirbey, expressed
gratitude for the recovery Alex has made, while highlighting the months of
unnecessary pain, stress, and anxiety endured by the family due to the
defendants' negligence. Dym commended Alex's resilience and the support of
his family, emphasizing the importance of the settlement in providing financial
security for Alex's future.
Principals have the responsibility of overseeing that they playground and
school facility as a whole remains safe. Post construction reviews should be
conducted and the facility cleared for safe usage. Continuing maintenance
and repairs are an ongoing administrative responsibility especially in the
playground area where statistically most serious school injuries occur.
Three Recommendations for Principals to reduce injuries due to
playground facilities:
1. Regular Safety Inspections and Maintenance: Implement a
comprehensive schedule for regular safety inspections of all playground
equipment and facilities. Ensure that any potential hazards, such as
loose bolts, sharp edges, or broken components, are promptly identified
and repaired. Additionally, establish protocols for ongoing maintenance
to address wear and tear, keeping the playground in optimal condition to
minimize the risk of accidents.
2. Supervision and Monitoring: Enforce strict supervision guidelines during
recess and other times when students are utilizing the playground.
Designate trained staff members to actively monitor children's activities,
intervene in risky behavior, and enforce playground rules to promote
safe play. Encourage staff to engage with students in active supervision,
fostering a supportive environment where students feel comfortable
reporting any safety concerns.
3. Education and Awareness: Provide regular safety training sessions for
both students and staff to raise awareness of potential playground
hazards and proper playground etiquette. Educate students on safe play
practices, such as using equipment as intended, avoiding roughhousing,
and taking turns on crowded equipment. Additionally, emphasize the
importance of reporting any unsafe conditions or incidents promptly.
Encourage open communication between students, staff, and
administration to address safety issues effectively.
By implementing these recommendations, principals can proactively mitigate
risks and create a safer playground environment for students, promoting
physical activity and healthy play while reducing the likelihood of injuries.
The legal team from HSPRD involved in the case included Mark Dym, Mathew
Piers, Derek Dominguez, and Justin Tresnowski, and Steve Botzau .
Melinda Bossenmeyer, Ed.D. is a retired principal and expert witness who
consults on cases involving playground supervisions, playground injuries,
- physical education and coaching.
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