May 18, 2010

Six-Year-Old Boy Nearly Smothers in Inflatable Play Area at School Carnival

A recent news story from Kansas City about a frightening accident at an elementary school caught my attention s a Missouri personal injury lawyer. A six-year-old boy was nearly smothered in an inflatable obstacle course at a school carnival. The Kansas City Star reports that he remained hospitalized the day after the incident occurred. This story is important because it incident reminds us that young children need careful supervision at all times: unintentional injuries are the leading cause of death among all children over age one in the United States. I hope that this child will recover quickly and fully, and that the school and the company that provided the inflatable play area think carefully about making sure children stay safe while they're at a school event.

Fun Services of Kansas City provided an inflatable obstacle course and other play equipment for the school carnival at Lakewood Elementary School on May 13. Police learned that two children approached a Fun Services employee around 8:30 p.m. to inform him that the boy was stuck between two parts of the obstacle course. Meanwhile, the mother of the boy had approached a Fun Services employee to say that two older children were playing inappropriately on the obstacle course, and that she had disciplined them herself. It was then that the employee told her that a child was not breathing, and she found out that it was her own son. A Fun Services employee pulled the boy out and Clay County sheriff's officials who were at the carnival performed CPR. The boy did begin to breathe on his own, but on the ambulance ride to Children's Mercy Hospital, his condition grew worse and he had to be ventilated when he arrived at the hospital. A letter sent to parents the next day from school principal Suzanne Baker said that his condition had improved, but he remained hospitalized.

This situation would be frightening for any parent, but other details described in the news report give me pause too, as a St. Louis personal injury attorney. I'm wondering whether anyone was specifically asked to supervise the children in the inflatable play areas. School carnivals can be very chaotic and noisy, making it all the more important that responsible adults plan out in advance who will make certain that the children stay safe. The district undoubtedly had its own safety policies before this incident, and now, it has instituted a new policy requiring that this type of play equipment be inspected and pre-approved by the central office. Fun Services said that their employees always followed safety regulations and maintained their equipment so that it was in safe condition. But the fact that it was up to the two children to report that the boy was stuck in the inflatable obstacle course raises questions about whether the employees and the school district really did follow all safety procedures that they reasonably should have.

Continue reading "Six-Year-Old Boy Nearly Smothers in Inflatable Play Area at School Carnival" »

August 6, 2009

Missouri Man Sues Park Over Injuries From Truck Crash Into Spectators

A Joplin man sued The Bunker Extreme D-Day Adventure Park over severe injuries he sustained at a truck and bike rally when an off-road truck drove through a safety barrier and into the audience, the Joplin Globe reported July 31. Joel Fulton was one of five people who were hurt July 25, after the driver of the truck lost control while driving through a mud pit, plowing through a safety barrier and into spectators. The crash also killed Asami Fujita of Guam and injured Tony Rockrohr of Granby; Kevin Wallace of Carl Junction; and Joanne Sweet of Neosho. The newspaper did not specify any of their injuries.

The park is an outdoors-focused park in Wyandotte, OK, offering paintball and off-roading on motorcycles, trucks and ATVs. According to the lawsuit, Fulton planned to participate in the off-road rally. He and others were lined up on top of the safety barrier for a photo at the request of the park’s owner, Dewayne Convirs, when driver Johnny Davis lost control of the truck and crashed into the barrier. In the resulting accident, the lawsuit says, he suffered massive body trauma leading to permanent injuries. He and his wife, Angela Fulton, are suing the park, Convirs and Davis for negligence, including negligence by the park for failing to take sufficient safety precautions and negligent operating of the truck by Davis.

A lot of people believe that parks and other public places wouldn’t be open to the public if they weren’t safe. As a Missouri personal injury attorney, I’m afraid I know otherwise. It’s true that property owners have a legal obligation to prevent foreseeable injuries to people who are on their property legally, including customers and invited guests. If there is a safety hazard, property owners must clear it within a reasonable amount of time or post a warning sign. However, in many cases, property owners fail to meet that legal obligation, due to carelessness or cost-cutting. When this leads to a serious accident, as in this case, victims have the right to hold property owners legally responsible for their injuries with a Missouri personal injury lawsuit.

Continue reading " Missouri Man Sues Park Over Injuries From Truck Crash Into Spectators" »

June 11, 2009

Women Injured in Collapse of Deck at St. Louis County Home

A couple days ago I saw a story in the St. Louis Post-Dispatch about a wooden deck that collapsed when about 20 women got on it to pose for a picture at a wedding shower. The women fell approximately 10 feet, and nine of them were hurt to varying degrees. The injured were taken to hospitals near Wildwood, where the incident happened -- apparently one of them was even flown in by helicopter. The women's injuries included broken bones, cuts and bruises, and serious internal injuries.

This story is interesting to me as a St. Louis personal injury lawyer, as a possible example of a legal theory called premises liability. Of course, we don’t know from the article, but perhaps they had not properly maintained their deck. Of course, 20 sounds like it may be a lot of people to have on a backyard deck, and it may simply have been overloaded. If it turns out that the homeowner had maintained the deck poorly, or negligently and knowingly allowed too many guests on it, she could be liable in a Missouri premises liability lawsuit.

If you have been injured on someone else’s property and you believe it was caused by that person or organization’s carelessness, you should consult a legal professional who specializes in accidents similar to yours and understands the law. In this case, that would be a Missouri personal injury attorney like me. That lawyer could then help the injured parties find out exactly what their rights are.

Based in St. Louis, The Lowe Law Firm handles personal injury lawsuits for people throughout Missouri and southern Illinois. If you or a loved one has been seriously injured because of someone else’s negligence, our St. Louis personal injury lawyers would like to help. We offer free, confidential consultations, so you can learn more about your rights and your claim with no risk or commitment. To set up an appointment, please contact us online or call toll-free at 1-877-678-3400.