Swing sets removed at some W.Va. schools

dejr_8

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What has happened to personal responsibility?


http://news.yahoo.com/s/ap/20100901/ap_on_fe_st/us_odd_swing_sets_removed_1

CHARLESTON, W.Va. – Elementary school playgrounds in one West Virginia county are losing their swing sets. Swings are being removed from Cabell County schools in southern West Virginia in part because of lawsuits over injuries.
Cabell County schools safety manager Tim Stewart said Wednesday that a lot of parents are accusing him of being un-American, but he says the cost of maintaining a safe surface is too expensive.Stewart says a lawsuit in the past year involved a youngster who broke his arm jumping off a swing like Superman. It was settled for $20,000.
Other equipment such as monkey bars will remain. Stewart says the schools are able to maintain the proper protection underneath them.
 
Starting many years ago, it's been really, really hard to find any playground around us that has swings anymore. (Although I do think getting rid of the metal slides was a great idea! :goodvibes)
 
Starting many years ago, it's been really, really hard to find any playground around us that has swings anymore. (Although I do think getting rid of the metal slides was a great idea! :goodvibes)

Aaah! Now way! We used to throw sand all the way up it. It was like oiling it! We would zip down so fast, I think our stomachs were left at the top.
 
Aaah! Now way! We used to throw sand all the way up it. It was like oiling it! We would zip down so fast, I think our stomachs were left at the top.

How did you survive to adulthood :)
 

I think they've actually put a hold on getting rid of the swings. A state senator has asked the board to rethink the issue.

Here is the article from this morning's paper. It actually focuses more on Kanawha County which is where we live. I will fight to the death for our swing sets. My son is in 2nd grade and the swings are like therapy for him. It's his absolute favorite thing to do at recess.

http://www.dailymail.com/News/Kanawha/201009011032?page=2&build=cache

Kids still free-swinging
by Paul Fallon
Daily Mail Staff
Page 2 of 2
CHARLESTON, W.Va. -- Unlike their peers in Cabell County, elementary school children in Kanawha still can sail
into the air on swing sets.
The Cabell County Board of Education in mid-July voted to remove swing sets from elementary school playgrounds,
and staff has begun removing the equipment from 17 elementary schools, said Safety Manager Tim Stewart.
The swing sets were removed because of liability concerns and lawsuits filed for swing set injuries.
But Kanawha school officials do not believe swing set injuries are an issue in the county.
Beverly Jarrett, director of safety, says more accidents occur on other types of playground equipment such as slides
and jungle gyms.
"We don't see swings as being a liability issue," Jarrett said.
No playground injuries have been reported at any of Kanawha County's 46 elementary schools since the school year
began Aug. 20, Jarrett said.
However, from July 1, 2009 to June 30, 2010, there were 15 serious playground injuries at elementaries, she said.
Kanawha school officials consider an injury serious if the child requires medical attention other than standard first
aid or if they miss a day of school, she said.
During that time period, seven injuries occurred on slides, she said. One of those injuries was a broken bone, two
were sprains, three were bruises/bumps and one was a cut.
Two broken bones and two cuts occurred on swing sets.
One broken bone and one sprain occurred on jungle gyms, one broken bone occurred on teeter-totters and a glider
injury resulted in one broken bone, she said.
Slides and jungle gyms led the pack with injuries from July 1, 2008, to June 30, 2009, with six apiece, Jarrett said.
One head injury, which Jarrett said was not serious, as well as five broken bones occurred when children were
playing on jungle gyms, she said. Three broken bones, two cuts and one bruise occurred on slides.
Two broken bones resulted from injuries on swing sets, Jarrett said. No injuries occurred on seesaws around the
county, and one child sustained a broken bone and another a sprain on gliders, she said.
"And someone broke a bone when they got hurt running on the playground," she said.
School safety personnel inspect playground equipment at all elementary schools at least once a year. They will be
looking closely at both slides and jungle gyms at the schools because of the number of injuries occurring on those
pieces of equipment, she said.
Kids still free-swinging - Kanawha County - Charleston Daily Mail - We... http://www.dailymail.com/News/Kanawha/201009011032?page=2&buil...
1 of 3 9/2/2010 8:15 AM
"And we'll be getting the message out to the teachers to pay special attention to the kids that are playing on the slides
and jungle gyms," Jarrett said.
"One of the things we stress is playground supervision. We want to make sure the teachers are watching the kids."
Changes were made to swing sets in Kanawha County about four years ago to reduce the school board's liability, she
said.
For example, all swing sets at county elementary schools were reduced to 8 feet in height. Another safety
improvement was to remove a swing from any sets that had three swings per section, Jarrett said.
Kanawha Superintendent Ron Duerring also does not believe the number of incidents on swing sets at county
elementary schools warrants their removal.
"But we'll continue to review this issue as we have always done," he said.
One kind of traditional playground equipment was removed from elementary playgrounds about five years ago
because of safety concerns, Duerring said.
Those were the traditional monkey bars with bars on the inside as well as the outer part of the equipment, he said.
The swing set ban in Cabell County was prompted by two lawsuits. In one case a child jumped from a swing set
"Superman style with arms extended," and broke his arm, Stewart said. That suit was settled for $20,000 in the past
year.
The other lawsuit, stemming from an injury on Oct. 13, 2009, is pending in Cabell Circuit Court, he said.
The mulch used as padding under and around the swings was an issue in the lawsuit that was settled, Stewart said. A
certain amount of mulch is required to be used as padding for the swing sets, he said.
For example, if a swing set is 8 feet tall, there must be 16 feet of mulch in front and 16 feet behind the swing. The
county also tries to maintain a mulch depth of 10 inches. The appropriate amount of mulch was not in place at the
swing in question, so the county was liable, he said.
Mulch can become a problem because it compacts and degrades, Stewart said. One option is to use rubberized
mulch, but Stewart worries that it might cause health problems in children in the future.
He said the substance is also very expensive. It could cost about $8,000 per swing set to place the appropriate
amount of material around the equipment. The county had 36 swing sets at the elementary schools, he said.
The rubberized material also would have to be replaced every seven years, so it could end up costing the county
around $576,000 over the next decade, he said. That is a large investment for a piece of playground equipment that
does not provide children with much exercise, he said.
In Kanawha County, there have been seven lawsuits involving playground equipment over the past six years,
Duerring said. He does not believe this is a level that warrants removal of specific equipment.
Only one of those lawsuits was settled out of court, said Jim Withrow, the attorney for the Kanawha County Board of
Education.
The injury occurred in 2004 when a child was hurt when a large sliver of wood from the mulch entered her body, he
said. The case was settled for $9,500, Withrow said.
The other lawsuits are still pending or have not moved forward in the court system, he said.
Contact writer Paul Fallon at paul.fal...@dailymail.com or 304-348-4817.
 
And here's this morning's article from the Huntington paper, the county where this issue is happening:

http://www.herald-dispatch.com/homepage/x1431851805/Senator-seeking-meeting-on-swings
Senator seeking meeting on swings

September 01, 2010 @ 10:50 PM

BRYAN CHAMBERS

The Herald-Dispatch

HUNTINGTON -- A state lawmaker is asking Cabell County Schools Superintendent William Smith to suspend the removal of swing sets from all elementary school playgrounds until he can bring involved parties to the table.

Swings are scheduled to be removed from the 17 schools that have them by late December because of recent lawsuits and costs associated with meeting national standards for playground safety.

Sen. Evan Jenkins, D-Cabell, wrote a letter to Smith on Wednesday requesting a meeting with him and the school system's casualty insurance provider, the West Virginia Board of Risk and Insurance Management.

"To take away something as fundamental as swings causes an immediate reaction that something is wrong here," Jenkins said. "We need to look at why this decision was made and gain a better understanding of what the surrounding factors are. We want our kids to be safe, but we don't want to keep them in a bubble, either."

Two lawsuits were filed against the Cabell County Board of Education in December 2009 over playground injuries at Spring Hill Elementary. Both lawsuits were filed by the same parent, Joseph Johnson, but involved different children. Johnson's son broke his arm when he fell out of a swing in April 2006. His daughter fractured her nose when she fell from a set of monkey bars in August 2007.

In both lawsuits, Johnson's attorneys, Dan Greear and Brent Kesner of Charleston, argued that the Board of Education failed to meet national playground safety standards because it failed to provide an adequate layer of mulch around the equipment to pad the children's falls. The lawsuit involving Johnson's son was settled for $20,000, while the other was settled for $3,000. Both settlement orders were filed in Cabell Circuit Court on Aug. 13 of this year.

The U.S. Consumer Product Safety Commission sets playground safety guidelines. The current guidelines for swings require a protective layer of sand, pea gravel, wood mulch, wood chips or recycled rubber that equals twice the height of the swing in each direction. That means if a swing is 7 feet long, a layer of ground material is required 14 feet in front and 14 feet in the back. The safety standards also call for a depth of at least 9 inches.

Cabell County uses wood mulch on its playgrounds, but it is biodegradable and washes away when it rains, said Tim Stewart, safety manager for Cabell County Schools. That makes it difficult to comply with national safety standards, he said.

The only other viable alternative is recycled rubber, but it has raised toxicity questions among parents across the country and is more expensive than wood mulch, Stewart said. He estimates it would cost about $8,000 to cover the ground around each of the 36 swing sets. That's a total of $288,000, a cost that would have to be repeated at least every seven years, he said.

"I know there's no way to prevent all playground accidents. That's not what this is about," Stewart said. "It's about preventing accidents that are likely to cause litigation."

Even though one of the lawsuits involved monkey bars, the county has no plans to remove them from playgrounds, Stewart said.

"We were sued because there was no protective layer beneath the monkey bars. There was nothing but dirt on the ground," he said. "In general, it's much easier to keep a sufficient layer of mulch around monkey bars because it's a much smaller area that we are required to cover."

The decision to remove swings has been the talk of the school this week at Nichols Elementary, Principal Barb Carlton said. A fifth-grade student began circulating a petition Wednesday demanding that the move be rescinded.

"The children say it's unfair that they are losing their swings because someone chose to file a lawsuit against the county," Nichols Principal Barb Carlton. "I have to agree with the children. Countywide, we teach children playground safety and rules, and then there are those who try to be cool by jumping out of the swing and hurting themselves."

Jenkins said he wants to know what the effect of removing the swing sets will have on the county's premium rates. He also is requesting the Board of Risk and Insurance Management to provide claims history of swing set injuries statewide and in Cabell County. That information was not immediately available Wednesday, although Stewart said he checked with BRIM earlier this week and the agency reported it paid two claims totaling $1,513 over the past five years because of swing set injuries in Cabell County.

If the removal of swing sets is allowed to continue, Jenkins said he fears it could have a chilling effect on support from the Legislature, parents, teachers and local business owners who help build and pay for school playgrounds.

The decision to remove the swings was not brought before the Board of Education, but board members were aware of the county's liability issues and were told it was an option that the central office would likely pursue, Smith said.

"I'm certainly willing to meet with Senator Jenkins and discuss this issue further," Smith said. "The cost of maintaining swing sets is just so prohibitive. We may be at the forefront of this action, but I strongly feel it will become a trend across the country."
 
What has happened to personal responsibility?


http://news.yahoo.com/s/ap/20100901/ap_on_fe_st/us_odd_swing_sets_removed_1

CHARLESTON, W.Va. – Elementary school playgrounds in one West Virginia county are losing their swing sets. Swings are being removed from Cabell County schools in southern West Virginia in part because of lawsuits over injuries.
Cabell County schools safety manager Tim Stewart said Wednesday that a lot of parents are accusing him of being un-American, but he says the cost of maintaining a safe surface is too expensive.Stewart says a lawsuit in the past year involved a youngster who broke his arm jumping off a swing like Superman. It was settled for $20,000.Other equipment such as monkey bars will remain. Stewart says the schools are able to maintain the proper protection underneath them.

Unbelievable....when my son pulled that stunt many years ago, I took him to the hospital for a cast on his broken wrist and let him know that if he ever did that again he was going to lose his Atari game system for a week.....who knew I could have made some money :rolleyes:.....what has happened to personal responsibility????
 
Unbelievable....when my son pulled that stunt many years ago, I took him to the hospital for a cast on his broken wrist and let him know that if he ever did that again he was going to lose his Atari game system for a week.....who knew I could have made some money :rolleyes:.....what has happened to personal responsibility????

I was just thinking the same thing. DS badly sprained his arm seeing how high he could swing and how far he could jump. It was totally HIS fault, and a lesson learned for HIM. $20,000 pays a teacher's salary for half a year.

And as for the metal slides -- every child should learn how hot metal feels when you're wearing shorts....it's all part of childhood!! :) I seem to recall using waxed paper to go faster?
 
Ridiculous. And people are wondering why the *snowflake* children are everywhere? Wow. I am beginning to understand why my oldest (20) does not wish to have children.
 
So dumb. :sad2:

I broke my arm when I fell out of a tree. I all tree should be chopped down. :rolleyes:
 
Unbelievable....when my son pulled that stunt many years ago, I took him to the hospital for a cast on his broken wrist and let him know that if he ever did that again he was going to lose his Atari game system for a week.....who knew I could have made some money :rolleyes:.....what has happened to personal responsibility????

Geez.....I consider myself a fairly protective mom, but if my kid was enough of an idiot to pull that stunt, I wouldn't sue the school. I'd probably go into hiding, ashamed to admit that my kid took leave of their senses and voluntarily "flew" off a moving swing despite me telling them that was a stupid, dangerous thing to do. :lmao: If I had to fork over $20K to the parents, you can bet little Johnny would be bubblewrapped during recess from now on and only allowed to look at playground equipment from a distance......NEVER allowed to actually get on it again. "Sorry, Johnny, the playground is only for children who realize they are not Superman and whose parents won't sue the pants off the school." :rolleyes:
 
I truly do see both sides.

I think playground surfaces should be safe. I don't think that's an unreasonable expectation. Now, if the surface were unsafe and my child was acting goofy on the equipment and got hurt, I'd be angry that safety wasn't a concern of the schools, but it would be my son's fault for acting goofy. I wouldn't even think of suing. I may talk to them about how they could make the surface safe for everyone, though.

If, however, my son were playing properly on a piece of equipment that was not on a safe surface and he got hurt, I may consider suing, depending on other factors.

And, ftr, I've never sued anyone, nor have I ever been tempted to sue anyone.
 
I wonder what kind of surface it was.
My kid's school has gravel.

When we were kids we jumped off of swings, sometimes into a pit of mud if there had been a good rain. To me it's all part of childhood and the stupid things kids do.
 
The problem these days if often that the kids' INSURANCE COMPANY wants to sue. They don't want to do the right thing and pay for the broken arm, they'd rather litigate and try to pass the cost on to the school.

My father fell a few times before he died, and each time they quizzed me, trying to lay blame on the place where he fell. He fell because he was an old man, not because of negligence on part of the place where he was. But that didn't stop his insurance company from trying to get someone else to pay the bill.
 
The problem these days if often that the kids' INSURANCE COMPANY wants to sue. They don't want to do the right thing and pay for the broken arm, they'd rather litigate and try to pass the cost on to the school.

My father fell a few times before he died, and each time they quizzed me, trying to lay blame on the place where he fell. He fell because he was an old man, not because of negligence on part of the place where he was. But that didn't stop his insurance company from trying to get someone else to pay the bill.

I hadn't even thought of that. My dad fell down our stairs last Christmas Eve (spent the day at the ER). He was fine - just ended up with a HUGE hematoma-, but I hand't thought about his insurance company going after ours. I suppose I would have known about it by now?
 
Aaah! Now way! We used to throw sand all the way up it. It was like oiling it! We would zip down so fast, I think our stomachs were left at the top.

Ah! Maybe it's a northeastern thing, because we did this too! And twisting ourselves round and round on the swing, to unwind and rewind again really fast....inevitibly pinching our fingers in the chain link b/c there were no plastic guards back then. I actually broke my finger doing that. Did my dad sue? Nope, he said, wow, you must have had that swing going like a jetplane! :laughing:

I never thought about the insurance thing, that it might not actually be the person's idea. Makes you scared to even let anyone in your yard anymore.
 
I hadn't even thought of that. My dad fell down our stairs last Christmas Eve (spent the day at the ER). He was fine - just ended up with a HUGE hematoma-, but I hand't thought about his insurance company going after ours. I suppose I would have known about it by now?

I think you would have heard by now. They called me within a few months.
 
Aaah! Now way! We used to throw sand all the way up it. It was like oiling it! We would zip down so fast, I think our stomachs were left at the top.

We had one of those tall, metal slides in a local park...we'd sit on pine straw to speed up the descent...several generations of kids enjoyed that slide until Hurricane Ivan destroyed it.

The "playground" where I went to elementary school was all dirt...we had a good old fashioned set of monkey bars (with no wood chips or sand or rubber surface underneath...just good ol' dirt), as well as a dome-shaped monkey bar.

We also had a huge concrete pipe (about 4' in diameter) to crawl through and climb on. We also had several old truck tires just lying about...we'd stand the tires up...someone would get inside where the tube would be...we'd give them a good push...and off they'd go...round and round...

If any lawyers are reading...I can't be held liable because "Jimmy" crashed into a tree while riding in the tire I pushed?...if so, all the above really did not happen...;)
 
Update!! The County can't ban swings because the state requires that schools that have kindergarten programs must have playground equipment including swings. HA!

http://www.dailymail.com/News/statenews/201009030341


State News
Friday September 3, 2010
County can't ban swings, because the state requires playgrounds have them
Cabell reverses decision on playground safety after learning of BOE rule
by The Associated Press
The Associated Press
The Associated Press
Advertiser

HUNTINGTON, W.Va. -- Cabell County elementary school students can keep on swinging.

Cabell County Schools announced Thursday that its plan to remove swing sets from elementary schools goes against state policy. A statement posted on the school system's website says school officials discovered that the West Virginia Board of Education requires swings at centers offering kindergarten programs.

Kindergarten programs are offered at all Cabell County elementary schools.

Schools safety manager Tim Stewart said earlier this week that swing sets would be removed starting this fall due to recent lawsuits and cost concerns over properly maintaining the protective barriers around them.

Superintendent William A. Smith said the school system is working to ensure it's in compliance with both the state policy and playground safety standards. But he said the issue of school systems' liability remains.

"I believe our experience has shed a light on a question of law that must be addressed by our state's legislative bodies,'' Stewart said in the statement.
 


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