Thursday, January 26, 2012

Pin-Headed Lawsuits Killing Play


I live in Sioux City, IA, a community located right were Iowa, Nebraska, and South Dakota meet. We have a lot of rolling hills and snow. In winter, people like to hop onto sleds and fly down those snow covered rolling hills.


Mostly this is a fun activity for kids and adults alike. 
Sometimes, however, someone gets hurt. Most people brush themselves off and  take personal responsibility for their injury. They figure that since they brought the sled to the hill, they got on the sled, and they zipped down the hill,they were responsible for the results of the ride--good or bad.


This is the thinking of most people, not all people. 


Back in 2008 a grown man in our community zipped down a snow covered hill in a city park. He crashed backwards into a street sign at the edge of a road (a not uncommon place to find street signs).


He suffered severe injuries,


Sued the city,


And this week the city settled--awarding him nearly $500,000. (Just part of a multi-million dollar payday for the dude and his family.)


Now the city has filed suit against the maker and seller of the sled.


Here is a short article about the settlement--make sure you read the comments.


Now, I'm sorry the dude got hurt, but he is responsible for his injuries. He walked up the hill, he got on the sled, he slid backwards into the sign, he did not roll off the sled before it got close to the street.


If the city randomly placed signs in the middle of the hill and then regularly relocated them to confuse and confound sledders, I could see the need for the lawsuit, but no matter how severe his injuries this guy was responsible for them.


Now millions of dollars has changed hands and lots of time and energy has been expended over his poor choices. 


And now the city is considering a sledding ban.


These things happen all the time. Instead of taking personal responsibility for their choices, litigious pinheads sue and scare communities and programs into banning once common activities, like sledding, in the name of safety. This is why most modern playgrounds are so dull and boring. 


Lawsuits like this are part of the reason building tree houses, climbing trees, gliding down Big Metal Slides, and other once-traditional bits of childhood are not on the play menu for modern children. These lawsuits are the reason so many young kids are trapped in early learning programs that fearfully ban many engaging and learning-rich materials and activities.


I don't know what the solution to this is--maybe raising kids who grow up with an understanding of personal responsibility is a start. Maybe encouraging them not to become litigious personal injury lawyers is another step. 


What I do know is that these lawsuits are not good for the future of kids or play. They have sucked a lot of the fun and freedom from childhood already and there is no sign it is slowing down.


(On a personal note, a week ago I injured myself while working in my shop. I have chosen not to file suit against the drill press, the drill bit, or the piece of wood.)




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