TOV Injury and Safety Blog

Buyer who did not read paperwork cannot dispute sales numbers

Toni Plummer sued Finish Line Power Sports, Inc., alleging that the used snowmobile she bought was priced incorrectly.  She also claimed that the sled had dents in it that had not been present when she initially agreed to buy it.  The Company pointed to its paperwork that Toni signed and refused to re-negotiate or allow the sled to be returned.  The trial court rejected her claimed violations of the Michigan Consumer Protection Act, but did allow a modest verdict related to the dents. 

On Appeal, the Court pointed out that since Toni admitted she didn't read the paperwork that came with the sled, she couldn't contest what it said by arguing it contradicted what she was told verbally.  She was held to the $5,200.00 price for what she thought would cost $3,000.00.  What's more, she was not allowed to object to the exorbitant interest charge, because the monthly payment amount and term were on the contract she signed, which the Court of Appeals concluded allowed her the right to confirm the interest rate by "a simple calculation."  We have some question about just how "simple" that interest calculation would have been, although when someone concedes that they haven't read the paperwork and instead relied on verbal representations, they don't end up with much of a "leg to stand on," legally.

Kid hurt in gym class cannot sue becaues she "assumed the risk" of playing soccer

Heather Willford suffered a serious knee injury after she was kicked by Travis Thorington in gym class.  Her father, as her Guardian, filed a negligence claim, alleging that Travis had been guilty of negligence or gross negligence in injuring her.  The insurer for Thoringtons filed a motion to dismiss the claim, arguing that under the Ritchie-Gamester v. City of Berkley decision, Heather had "assumed the risk of injury" by participating in the gym class soccer game.  The lower court had rejected this defense, finding that since Travis was allegedly not involved in the game being played, Heather had not assumed the risk that he might hurt her. 

Claim against roller rink dismissed after employee collides with skater

The Court of Appeals ruled that Skateland Arena in Flint owed no duty to Daquiri Hines, a minor who was injured when he was run down by the Arena's employee, Kelly Maule, while both were observing a game of dodge ball at the arena.  The Court ruled that Hines' attorneys had not met their burden of demonstrating that Skateland did not comply with the safety standards published by the rink operators association, and that Skateland owed Hines no other duty under the Roller Skating Safety Act. 

While the court recognized that the Legislature did not intend to grant roller rinks complete immunity under the RSSA, it nevertheless concluded that Hines had "assumed the risk" of injury and refused to follow the guidance of a previous decision that required rink floor guards to exercise "good judgment".  The case is another example of the special privileges and immunities afforded business entities with special access to lobbyists and legislators. 

Were roller rinks leaving the state due to liability problems?  Do they serve such an important public purpose that we should afford them immunity from their mistakes and from the injuries they cause?  Sadly, none of that matters.  They had the votes in the legislature, and sometimes they have the votes in court, to grab civil protection that ordinary people aren't accorded.

Consumer Product Safety Commission eyes standards for 4-wheel ORVs

The CPSC recently rejected voluntary safety standards suggested by manufacturers of 4-wheel ORVs, finding them inadequate.  Instead, it will take testimony from the industry and the public and compose independent standards.  It noted that the side-by-side off-road vehicles, capable of speeds in excess of 35 miles per hour, are involved in a disproportionate number of deaths and injuries.  In March, Yamaha recalled 100,000 of its Rhino models for repairs, after two models were linked with 46 deaths in six years.  The vehicles pose a substantial roll-over risk and have been associated with 116 deaths and many serious injuries since 2003.  Many of the victims have been children.  Industry spokesman suggest that the deaths are merely the result of owners' unsafe use.

Football trainers recommend elimination of "two-a-day" practices

Almost every year, several high school football players die of heat-related illness during two-a-day practice sessions.  The NFL and the NCAA have eliminated the practice of commencing the season, during the hottest months of the year, with multiple daily practices.  Yesterday, the national association of football trainers recommended that high school follow the NCAA's lead and eliminate twice-daily practices during the first 14 days of conditioning.  It also recommended that if twice-daily practices are scheduled after the first week, they be followed by single practices on the next day.  On the same day this report was issued, a Western Carolina defensive back collapsed and died during a voluntary work-out.

Court interprets Equine Activity Liability Act to protect owner from negligence

Trina Beattie was injured when a horse being saddled by its owner startled and lifted her off the ground as she grasped its halter.  She missed several months of work and has continuing long-term physical ramificiations from the injuries she suffered.  Beattie and two companions alleged she'd been invited to defendant's home to ride a partially-broke horse, while defendant argued Beattie had invited herself.  Before reaching the factual discrepancies, however, the Court of Appeals upheld the dismissal of Beattie's case, based on its interpretation of the Equine Activity LIability Act.

Baseball injuries to children

The New York Times reported on June 9 that a just released Consumer Product Safety Commission report documented that 1.5 million kids went to the Emergency Room over a 13-year period with injuries that resulted from baseball.  The study will appear in the June, 2009 issue of Pediatrics.  Most injuries were minor, and facial injuries were most predominant.  98 percent of the kids were treated in the E.R. and released, although more than 24,000 required hospitalization.  One author suggested that mouth guards are "low tech, low cost and readily available" and should be a routine part of baseball culture.

On a personal note, having sacrificed three front teeth to the sport, and fractured an ankle, while never suffering a serious injury in football, I'd have to say that my high school baseball career would tend to corroborate the findings of this study.  Even if my "career" ended long before the study period started.

Court stretches to enforce pre-injury release executed by volunteer

Teresa Theodore volunteered to work at a racetrack in Oakland County.  On her first day, she was required by the racetrack to execute a release which "waives, discharges and covenants not to sue" for any injuries suffered "arising out of or related to the event(s)" held at the racetrack. An undetermined time later, she was struck by Raymond Horenstein's trailer as he was leaving the paddock area.  She sued Horenstein for her injuries, but his insurer persuaded the trial court that her claim against Horenstein was waived by the release she signed when she agreed to volunteer.  The Court of Appeals agreed.

Death of Tyson's child draws attention to danger of treadmills

When Mike Tyson's four-year old daughter died in the boxer's home after becoming entangled in a treadmill, it helped to publicize the potential danger of home exercise equipment.  The New York Times indicated that about 25,000 children are brought to Emergency Rooms each year as a result of injuries suffered on recreational equipment, including burns from contact with the treadmill belt.  An Australian study suggests that friction burns to children account for one percent of all severe burns suffered by kids.  Medical authorities have documented a propensity for children to approach their parents on the treadmill and friction burn injuries so severe that skin grafting is required.  The Australian government, doctors and Consumer Reports recommend that treadmills be unplugged whenever they are not in use and that they be positioned so as to allow parents to detect the approach of children when they are in use.

Claim arising from punch thrown during soccer match is reinstated

Basil Esshaki suffered a broken jaw and lost four teeth when he was punched by Scott Millman during a soccer match.  He sued to recover compensation, including medical expenses, that resulted.  The Oakland County Circuit judge dismissed the case, holding that only Esshaki's testimony supported a claim that the injury was other than a typical sporting injury; the judge claimed that by engaging in the game, Esshaki waived any claim of injury resulting from the ordinary risks associated with participation.