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Sunday, 30 May, 2010

Kid Falls From Monkey Bars
(with comments)

In California: Claim: 5-year-old broke arm after fall from monkey bars.

The parents of a 5-year-old girl have filed a claim against the city after the girl fell off the monkey bars, breaking her arm and chipping her tooth.

According to the claim, Emma Gallardo was playing on the monkey bars the afternoon of March 8 at Bolsa View Park on Brighton Drive when she slipped and fell on the compacted sand.

The claim alleges that the city failed to maintain the sand around the playground equipment, causing it to become hardened and cause Emma's injuries. The claim, filed by Emma's mother, Linda Gallardo, on her behalf May 13, seeks unspecified damages of more than $10,000. The claim also states that Emma had to undergo surgery for a fractured left arm.

Coming soon: Signed waivers from parents will be required before a child can play in a playground.

Shown here are some random monkey bars, sans monkeys.

(via Overlawyered)

Permalink | Posted in General |
  1. By Dob. Comment posted 30-May-2010 @11:08am:
    I think that's a picture of a jungle gym. monkey bars are like a ladder that's parallel to the ground
  2. By Doug. Comment posted 30-May-2010 @11:11am:
    Modern playgrounds are too safe - no swings, no monkey bars, no see-saws, no merry go rounds - and weird padded mats instead of sand or concrete. All that's left are fun-sucking safety-improved low rise huts with short drops and safety railings.

    Back when The Scarecrow of Romney Marsh was on The Wonderful World of Disney - we'd button our coats with our arms inside and run around the concrete school yard. There were a few headers and scrapes but nobody thought of complaining to the school.
  3. By Doug. Comment posted 30-May-2010 @11:15am:
    Monkey bars:
  4. By Wendy!. Comment posted 30-May-2010 @11:54am:
    Thanks for the link Doug, I never would have bothered.
    Looks fine to me.

    I went down a very high sliding board that was so slippery I gathered up too much speed and the macadam (YES, macadam!) at the bottom had lots of gravel and I scraped my knees so badly I have been scarred for life and I think I am going to die someday so I would like to sue also. I know a couple of kids who broke bones on that playground also. Maybe a class action suit is warranted. I 40 years outside the statute of limitations?

    Anyway, you already solved this World Problem in 2005 Children at Play
  5. By Curtis. Comment posted 30-May-2010 @12:12pm:
    Surgery for a broken arm? It does sound like that sand was packed hard and not maintained properly. Sign of the times. Not enough park employees left to do proper maintainence.
  6. By ...pat.. Comment posted 30-May-2010 @12:13pm:
    They won't make the parents sign waivers. They'll just take the playgrounds away.
  7. By Mr. Pointer Outer. Comment posted 30-May-2010 @12:17pm:
    $10,000 seems to be the magic "ok, we'll settle" number.
  8. By wally the duck. Comment posted 30-May-2010 @12:45pm:
    They won't make the parents sign waivers. They'll just take the playgrounds away.

    Exactly. It's cheaper, requires no maintenance and gets rid of the lawsuit nuisance.
    The parents can go find entertainment for their kid elsewhere. Try to do something nice and this is what you get.
  9. By Phos..... Comment posted 30-May-2010 @12:51pm:
    When I was a kid...
  10. By Spokane Mary. Comment posted 30-May-2010 @12:54pm:
    Insurance companies, in order to avoid the bother of dragging the case out and going to court with it, just automatically pay $10,000 for just about anything.

    Years ago, on a very snowy day with incredibly slick roads (police told me they had 150+ wrecks that day), I was stopped at a red light on a stretch of pavement that sloped pretty sharply to the right. Very slowly, my van began to slide to the right and finally bumped into the rear bumper of a car that was also stopped at the light. My grandbaby was sitting in the front seat of my van, with a package of french fries on her lap and a coke in her hand. She didn't spill a drop of her drink or lose any fries and the snow wasn't even knocked off the other car's bumper, so you know there wasn't anything in the way of damage. The woman driving the car waved me into a parking lot across the street and there we got out to check out the "damage". She and her passenger then walked across a parking lot to the grocery to call her Dad.
  11. By Evil Klown. Comment posted 30-May-2010 @01:00pm:
    ...pat: ... They'll just take the playgrounds away.

    That's ok, as long as they get their $10,000.
  12. By ElMoney. Comment posted 30-May-2010 @01:03pm:
    Geez, it's called childhood, folks. Maybe the parents should sue themselves for letting their kid play on the monkey bars to begin with, or for not supplying the proper fall prevention rigging.
  13. By meg_mac. Comment posted 30-May-2010 @01:05pm:
    Kids playing at the park are a disappearing phenomnon. Mr. Mac and I are always blown away by the absence of kids at the local parks. We take our grandchildren routinely and some days there are no other children there. It would help believe me. They tend to get on each others nerves. When we do see kids they are usually with the nannies who all huddle up and bull**** and ignore their wards. Weekends they fill up with boom boxes and birthday parties which brings it's own challenges. Sad sign. No time for play.
  14. By Spokane Mary. Comment posted 30-May-2010 @01:06pm:
    We exchanged insurance information while waiting for Dad; he arrived and within a few minutes announced that both the women were having pain and stiffness in their necks and he was going to run them to the doctor to get it checked out. Oh, no - I said - not a chance. I insisted on calling Emergency Services and having them check the women out then and there. He didn't want to do that, but I insisted. EMTs checked them both, said there was nothing wrong (later he took them to the hospital anyway and both were examined and released).

    My gdaughter had been in a dance recital that day and I happened to have a camera with me so I took photos of both cars, the road, the women, etc. I called my ins company - Allstate - described everything, offered the photos, etc. They pooh-poohed it all, didn't want the pictures, etc.

    Of course, the rest of the story is clear: They put in a claim for damage and injuries and Allstate was going to give each woman $8,000!
  15. By Spokane Mary. Comment posted 30-May-2010 @01:13pm:
    I raised so much heck about it - I insisted we go to court and let a judge decide whether they had any money coming. Allstate was dead set against it, but we went to court anyway. The judge took one look at the pictures and the medical reports and heard the testimony of the officer who'd come along with the EMTs - and denied their claim. Zip.

    Of course, Allstate dumped me immediately, but it was worth it. What really got to me was how my own insurance company had no interest at all in hearing my side of the story - their way of handling it was just to give each of the women a nice little bundle of money and be done with it. It's no wonder that insurance premiums are so high when that's the way the companies do business.

    Sorry, Andie - not all insurance companies are the same and I know that, but this is not an uncommon way to make a living for some people.
  16. By Curtis. Comment posted 30-May-2010 @02:13pm:
    Nobody is going to take away playgrounds, people, 'kay?
  17. By Wendy!. Comment posted 30-May-2010 @02:18pm:
    Meg Mac my parents never took us to the playground, they sent us. Until we were old enough to cross the street we had to have a sibling along. If you cut yourself, tie a broadleaf weed to the wound until you could get home for some Merchurachrome. If you broke a leg, two friends had to help you limp home. (unless you were sledding, then they could pull you home) If you broke an arm or collar bone, you still needed friends to make you the center of attention until your Mom could fuss over you.

    Playgrounds are not nearly as much fun when Parents are there. Perhaps that is why they are losing popularity. Parents have a way of halting all the reckless and foolish FUN.

    But responsible Parents cannot let their kids go to the playground anymore. One might steal your kids cell phone and run. And there won't be a bunch of friends to chase the offender down and get it back and beat him up so he wont do that anymore.
  18. By pianoarthur. Comment posted 30-May-2010 @02:33pm:
    If Michelangelo did David today:
  19. By Wendy!. Comment posted 30-May-2010 @02:34pm:
    And I KNOW about all the horrible things that can happen on a "less than safe" playground, unregulated and unmonitored. But there has to be a happy medium that allows random self directed free play and allows kids to learn from the school of hard knocks.

    Is it sadder to have one child get a serious injury or have the whole neighborhood become obese, bored, lazy kids who demand that they be entertained with an endless stream of gadgets to play with alone at home?

    I know I am over-simplifying a complex subject with good points on both sides. But I am just blog commenting, not lawmaking.
  20. By tM. Comment posted 30-May-2010 @02:41pm:
    Spokane Mary - I can't believe that the reward from your insurance company was dropping you, they should have thanked you with lower premiums.

  21. By Wendy!. Comment posted 30-May-2010 @02:52pm:
    Touche Pianoarther!
    As the story goes, David was a young boy when he went out in a reckless attempt to slay Goliath.
    (Although Michelangelo DID seem to carve a rather mature young man)
    These days the young Davids in the USA would only be able to slay Goliath if he were in a MMORPG.
    Are any kids able to make and use a sling-shot anymore? I could make a mean slingshot that served up crab-apples most painfully. The seasonal store of ammunition grew in our side yard. I saw a slingshot in a Toys R Us once made of blue plastic with wiffle balls. Oh Sad. I am not against video/computer games.. I just think they are not enough for a good childhood. Some of the action has to be real.
    I am feeling rather sentimental today for the "good old days" it seems.
  22. By meg_mac. Comment posted 30-May-2010 @02:54pm:
    Wendy!... I couldn't agree with you more! As a kid my mother saw us at lunch and dinner. Period. Otherwise we were either making forts.... going to the park... playing softball or basketball.... at the neighborhood girls house playing Barbies.... wrangling/herding the chickens or playing ditch and tag. In the house? Never! My Mom would make us do work!
  23. By banjo brad. Comment posted 30-May-2010 @03:03pm:
    When I was in high school, a buddy had his car steering lock up on a mountain road. Left 120' of straight skid marks before tapping an oncoming jeep with 2 older adults, who made no attempt to stop. Of course, they sued (a "hot-rodding teenager" was a certain target).

    The day before the trial was to start, Allstate delivered a letter saying that his insurance policy had been cancelled the day before the accident.

    Luckily, the evidence in the case got him an innocent verdict. I have had nothing to do with Allstate ever since, and warn others about their history.

    Of course, if the jeep had stopped, we would have wound up going over a 100' cliff in the Sierras.
  24. By meg_mac. Comment posted 30-May-2010 @03:16pm:
    No Allstate for me! Good job Mary. It's the principle of the matter! I am glad you had the foresight to take the pics and call for an EMT.
  25. By tM. Comment posted 30-May-2010 @03:36pm:
    the day before the accident

    How can they legally do that? Isn't there a law that forces them to maintain their commitment, and not allow them just to walk away because they don't feel like dealing with a lawsuit?
  26. By Inti. Comment posted 30-May-2010 @03:43pm:
    Spokane Mary: what an absurd story. Those stupid ladies were maybe parents of this one: http://www.youtube.com/watch?v=CbOtiOfRSiY
  27. By J-Walk. Comment posted 30-May-2010 @05:26pm:
    Nobody is going to take away playgrounds, people, 'kay?

    That's what you said about pay phones.
  28. By J-W #656. Comment posted 30-May-2010 @07:23pm:
    They took away drive-in theaters too :(

    Wow the memories lost.

    John, you are a talented writer -- you should start a novel about all of the things that kids are missing out on now.

    I would buy it big time!
  29. By Barbwire. Comment posted 30-May-2010 @07:46pm:
    When my 12-yar-old grandson was little, and he was very little for his age and still is, he was amazingly physically adept. He started walking at 8 months, throwing baseballs and swinging bats by 10 months, etc. I took him to the park often, and he wouldn't go near the little kids toys. Straight to the top of the rocket ship, swinging across the monkey bars as if he were one, shinnying up the slide-down pole, etc. People gave me such dirty looks--how could I let such a tiny kid do all that dangerous stuff? I couldn't have stopped him if I'd wanted to, and he never got hurt once.

    And my only real injury at the park was when my dad dared me to go down the slide standing up. I fell over backwards, saw stars, and had a huge lump. We just went home. Moral: don't go to the park with your dad.
  30. By meg_mac. Comment posted 30-May-2010 @07:58pm:
    Remember the blisters from the rings? My hands were calloused and invincible then. I could skip 2 rings. We wore shorts under our uniforms at school so we could really go for it. And we had a real maypole with ropes to swing on.
  31. By J-W #656. Comment posted 30-May-2010 @08:41pm:
    LOL #30 Barb ! My Dad took me on my first roller coaster ride - at night - when I was about 8. It was so cool, but a little scary. That same park had a "ride" where you walked thru a revolviing barrel, and if you fell, oops, skinned elbows and knees. We thought that was part of growing up (and it was).

    Yes #31 meg mac, I remember those also.
  32. By csi. Comment posted 30-May-2010 @08:50pm:
    Fifty years ago when I was a kid in Queens the stuff in the picture was called "monkey bars". We didn't have wimpy ladders, we busted our teeth on steel and concrete.
  33. By J-W #656. Comment posted 30-May-2010 @08:57pm:
    LOL csi! Hate when that happens. We have a lot of data to feed to John if he decides to write the novel -- he would prob. even give us credits .
  34. By J-W #656. Comment posted 30-May-2010 @09:06pm:
    One of my worst memories as a kid about 12 was playing some kind of game with hand balls in a box in our local park, and the boy I was beating told me I needed to wear a bra (I am female but back then a tomboy). That sucked!
    Not only was I embarrassed, but thought WTF why is he noticing?
    Still beat him though LOL :)
  35. By Curtis "Daily Dose of Damnitol" Curtington. Comment posted 30-May-2010 @10:28pm:
    When I was a kid we used to dive nekid into the ol' swimmin'hole and go grabblin' for flatheads in the slow murky river and we never gave two cents for lawyers. Then we'd hop a freight train that rumbled by the back of the schoolyard and shoot our rifles at tin cans and I do mean TIN cans not some freaky thin lightweight metal that you snapped open easy as you please whenever you felt like takin' a drink and there was only one or two fat kids we would tease somethin' terrible instead of a whole bunch a soda pop sissies whose mommies & daddies would raise them like veal if veal had lawyers.

    And skates had METAL wheels and hooked onto your shoes and if you happened to put out an eye you'd just pop 'er back in and go on your merry way because you were pure 100% K-I-D-KID and you didn't have parents who thought you needed too much more then whatever the occasional lickin' got you and everybody knew what two peas made for soup.
  36. By J-W #656. Comment posted 30-May-2010 @10:40pm:
    Curtis, why nekkid into the swimmin' hole? You kids didn't even have drawers?
  37. By wally the duck. Comment posted 31-May-2010 @04:55am:
    I bet the bicycles just had two wheels back then, too.
  38. By meg_mac. Comment posted 31-May-2010 @08:07am:
    That same park had a "ride" where you walked thru a revolviing barrel, and if you fell, oops, skinned elbows and knees.

    Oh yeah! I think my brother broke his arm there. Santa Cruz Boardwalk. 1964ish.
  39. By meg_mac. Comment posted 31-May-2010 @08:15am:
    They also had this flat disc that spun around and you had to try to hang on while it spun all the kids off.
  40. By Spokane Mary. Comment posted 31-May-2010 @12:48pm:
    The merry-go-round? Our playgrounds had high metal slides, merry-go-rounds, teeter-totters, monkey bars and swings; underneath it all was hard-packed dirt. All those things are gone now, having been replaced with big wood fort-like things with a low slide and possibly some low monkey-bars. The ground covering was converted to sand in some places, which worked pretty well, and in other places they used wood chips - horrible, splintery wood chips. It's been years since I took a little one to the park or to the schoolyard to play, so I don't know what's left of the play equipment any more; I'm going to keep my eyes open as I cruise around.

    I agree with the comments that express sadness for the loss of places where kids can be kids, get scratched and dented and weathered a bit; I think that's an important part of growing up.
  41. By Curtis. Comment posted 31-May-2010 @02:04pm:
    I agree with the comments that express sadness for the loss of places where kids can be kids, get scratched and dented and weathered a bit; I think that's an important part of growing up.

    These places are not gone. Children are not less kid like. There is some amazingly cool and challenging playground equipment out there these days. As a matter of fact there's sort of a design renaissance going on right now in play equipment. And there's nothing wrong with safety. Breaking an arm is not a rite of passage.

    Look around a bit more.
  42. By Curtis. Comment posted 31-May-2010 @02:47pm:


    Yes, that giant boulder is play equipment.
  43. By Curtis. Comment posted 31-May-2010 @02:50pm:

  44. By Curtis. Comment posted 31-May-2010 @02:54pm:
    When in Spokane, get yourself over to Hillyard Skateboard Park and have your faith in childhood daring-do restored.
  45. By meg_mac. Comment posted 31-May-2010 @03:21pm:
    Curtis.... my grandkids love those rope strucures (?). John D. Morgan park. One of their favorites.
  46. By Shannon. Comment posted 31-May-2010 @03:44pm:
    I have always thought it was funny that my parents could have gone to jail many times over by today's childcaretaking standards. My brother used to build rafts out of bits and pieces and with no adult around for miles, there he was in the middle of a deep, cold slough with only a few sticks between him and Glory. Only slightly off topic: Had there been a stronger sibling rivalry, I could have 'erased' him without ever raising a single suspicion.

    Anyways, I am with Curtis "daily dose of damnitol" on this one. You create the right conditions to raise a veal and you shouldn't be surprised when you get ... somethingverymuchlikeveal.
  47. By Spokane Mary. Comment posted 31-May-2010 @06:05pm:
    Curtis, you're certainly right about the skateboard park in Hillyard - it's a great place for kids to have a blast. It is, however, a place for older kids - the ones who can take the bus across town by themselves or with friends and spend a few hours, or those who have a parent who can take them there.

    My remarks about the school playground equipment were related to the smaller parks, though - the little neighborhood parks - and the elementary school playgrounds. Those are the play areas I'm curious about; I wonder if they still have equipment for the little kids to play on. I'll be checking it out this summer.
  48. By Curtis. Comment posted 31-May-2010 @06:41pm:
    My remarks about the school playground equipment were related to the smaller parks, though - the little neighborhood parks - and the elementary school playgrounds.

    That's a neighborhood park in the pictures above, less than a mile from my house. That's a neighborhood school in the background. On the other side of that school is slightly smaller scale playground equipment for the little, little kids.

    It is, however, a place for older kids

    Those older kids learned how to skateboard somewhere when they were little, probably in a schoolyard or on sidewalks.

    I'm tellin' ya, the kids are alright.
  49. By Ozzy. Comment posted 31-May-2010 @08:02pm:
    meg, I remember the spinning disc. My uncle was stationed in Salt Lake City and I think the amusement park was called The Lagoon. We'd get on the spinning disc and it would spin faster and faster until it slung eveyone off. What a blast. I must confess, though, that I'm probably more protective of my kids than my parents were of me. You'd never know it by talking to my parents, though.
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