15 July 2008

Todd Scott Lemmon gets $50k for falling off a swing

| johnboy
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The ABC informs us that one Todd Scott Lemmon, 20, has been awarded $50,000 for injuries caused when he fell of the ‘giraffe swing’ in the Gungahlin Town Park. He was 14 at the time.

A welcome reminder of the need of the Government to take care of these facilities? Or litigation robbing the community of money and amenity?

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i don’t think the government should be blamed or my tax dollars should have to pay for someone else’s lack of co-ordination.
i agree with many other statements here…. what ever happened to people taking responsibility for their own actions????

If i knew the guy i’d punch him in the face. then sue him for hurting my hand.

Also here’s a older discussion about the destruction of our childhood dreams http://the-riotact.com/?p=7354 .

From today’s newspaper – http://www.canberratimes.com.au/news/local/news/general/teen-who-fell-off-swing-wins-50000/811743.aspx

“Mr Lemmon fell against a metal fence and broke his nose. He was taken to hospital with facial cuts and concussion.”

“He has since experienced neurological damage, breathing and sleeping difficulties, headaches and learning difficulties because of the accident, and may need further surgery.”

It’s a bit odd that ABC would concentrate on superficial facial injuries that occured and not on the brain which might cause people to have a bit more sympathy for the guy.

I can’t think of any way that he could slam into a metal fence without himself being negligent in some way. Either by swinging sideways,trying to jump in the wrong direction, or purposefully putting a wobble on your swing (in these cases you normal swing into the metal support beams).

Screw this guy for ruining it for everyone else, I’m still upset by the idiot who fell off the GREATEST PLAYGROUND IN THE WORLD(fadden pines in all it’s wooden 3-level glory) and got it to the neutered version that it is today.

$50,000 FOR FALLING OFF A SWING?! WTF! My best mate was offered just $10K more than that when a helicopter he was in at work was hit by another helicopter and both dropped out of the sky killing quite a few very good people. And he’s in a wheelchair for life.

This is a total farce. playgrounds are where kids should be getting hurt. Learning by trial and error, falling out of trees, falling off bikes etc… not learning about the vagueries (sp?) of the legal system.

I’m now waiting for the government to remove all playgrounds in the ACT to reduce their liability. Anyone for obesity, laziness and a system where no-one takes responsibility for their own actions/decisions? Yes? Line up at the door…, no, hang on sit where you are, we’ll come to you…

What crap childhoods kids have nowadays. Can’t do anything, can’t have fun, can’t learn and get dirty. Waht even happened to parents getting together and looking after/building the stuff their kids need? Now it’s bleat at the government for more handouts, and litigate when things aren’t perfect.

They had one of those garden/house makeover shows on the other night, for a lady who’d fostered 500 kids. So they did up the kid areas, by making their playroom nicer with a big couch, and a giant TV. Ye gods. This is “play” now, watching DVDs.

Poor pasty useless little kids.

When i were a lad, I jumped out of a try at school and knocked myself out. went to hospital. but i were fine.

Jonathon Reynolds7:40 pm 15 Jul 08

The government effectively admitted liability (as recorded in Hansard – link above)

“(3) The Assessment of Safety Risks and Compliance completed in January 2004 by the Playground People found a number of non-compliant items associated with the giraffe swings in ACT District Parks. The giraffe swings in the South Canberra District Parks did not comply with ACT and Australian Standards and compliance could not feasibly be achieved. The giraffe swing in North Canberra did not comply with ACT and Australian Standards for several elements, however compliance can feasibly be achieved through modification of the giraffe swing.”

Was it a government car…. “Oh bugger, my neck !!!”

Whatsup said :

neanderthalsis said :

Hands up everyone who as a kid or even as an (ir)responsible adult has fallen off a swing, slippery slide, fallen out of a tree or had a slip/trip/fall due to their own stupidity?

I’ve got both hands up !

I’ve got both hands and feet up, Oh shit, i fell off the chair… hang on! I fell off the chair! Yay! $$$$$$$$$$$$$$$$

Spideydog said :

astrojax said :

But as a kid, I had been to a few playgrounds that looked a little dodgy from vandlism etc and thought, “Gee, that might be a little dangerous.

Nah, Lemmon was up for it. He’s not yellow.

Perhaps they should re-peel the relevant compo laws.

neanderthalsis4:59 pm 15 Jul 08

I’m sure he feels slightly less pipped now and will approach life with considerably greater zest…

neanderthalsis said :

Hands up everyone who as a kid or even as an (ir)responsible adult has fallen off a swing, slippery slide, fallen out of a tree or had a slip/trip/fall due to their own stupidity?

I’ve got both hands up !

Scott Lemmon has 50 000 reasons to feel less BITTER about his accident. Its just a shame these claims are a SQUEEZE on the taxpayer’s hip pocket.

Wide Boy Jake4:24 pm 15 Jul 08

Well I think this award is a Lemmon.

neanderthalsis4:23 pm 15 Jul 08

Serious facial injuries?

One does wonder what he actually did and if he was clowning around(i.e. being a normal 14yo). I can see how a swing can cause serious facial injuries, but only if you were being a bit of a git to begin with.

Hands up everyone who as a kid or even as an (ir)responsible adult has fallen off a swing, slippery slide, fallen out of a tree or had a slip/trip/fall due to their own stupidity?

Some people grow up and learn from their mistakes, some people sue…

Working Families could do a lot with $50 000.

Absent Diane4:05 pm 15 Jul 08

I blame man-bear-pig;

Pfft. I think almost EVERY 14 year old has fallen off one of those things.

But has everyone sued and wantd compo about it? No.

(But that gives me ideas, i err, fell off the flying fox at kambah adventure playground, when i was like 15, because it was frosty, due to it being winter. Wheres my pay out??)

peterh said :

I agree with whatsup – if i fell out of a tree when i was a kid, silly bloody me. didn’t do it again.
monkey bars were the prime target for stupid behaviour, especially when they put them in at lake ginninderra, but if you fell off the equipment, your parents first thought wasn’t “litigate!” they would brush you down and send you on your way to play with the other kids.

we used to build flying foxes in trees, cubby houses, go-karts etc, and had our share of bumps and bruises, but no-one thought about blaming the govt for falling off a playground item….

my particular favorite was the round spinning thing at the top shops in charnwood – if you got enough speed up, you could either:
a)hang onto the outer bars like a propeller and clean up your mates with your feet, or let go and slam into them…

b)try to get to the centre where you would stand upright while some big kid would make it go even faster, till you fell over and possibly got thrown off….

but I never thought that it was dangerous – anything is dangerous if used incorrectly…

100% in agreement with you. I blame the yanks for all this litigation crap.

astrojax said :

me thinks that it was Mr Lemmon’s own fault for getting on the swing in the first place.

spidey, i’d imagine that the ‘foreseeable risk’ was maybe foreseeable by competent employed maintenance workers, not nec a 14 yr old kid… but the kid oughta have known he wasn’t a giraffe…

Possibly. But as a kid, I had been to a few playgrounds that looked a little dodgy from vandlism etc and thought, “Gee, that might be a little dangerous.

That is why I put in my comment, depending on the appearance or the state of repair of the equipment.

What a scammer!

Stainless Steel Rat2:34 pm 15 Jul 08

I don’t go along the Parkway very often, but when I do I have never seen a giraffe at the zoo. I keep wondering, how the hell do you hide a giraffe??? I think I know where they usually hang out now……

me thinks that it was Mr Lemmon’s own fault for getting on the swing in the first place.

spidey, i’d imagine that the ‘foreseeable risk’ was maybe foreseeable by competent employed maintenance workers, not nec a 14 yr old kid… but the kid oughta have known he wasn’t a giraffe…

I was hit by an Action bus in 1989 whilst standing at the bus stop at Weetangera shops. It knocked me about 4 metres. The bus driver begged me not to tell my parents. The bus was full of kids. I told my school and phoned action and nothing ever happened. Good to see that some people get compo.

P.s. i am fine by the way and i have not caught a bus since.

$50,000?? An outraged populace asks: “HOW MANY FULL-DAY ACTIONS PASSES IS THAT?”

Jonathon Reynolds said :

I didn’t know what a “giraffe swing” was:

http://www.hansard.act.gov.au/hansard/2004/week06/2787.htm
(click the “next page” link to see the response from then Minister Bill Wood)

I know that at one stage there was a fair amount of fuss about the state (disrepair) of the “flying fox” at Yerabbi Park. There was a concerted media campaign by residents about it at one stage. I’m not sure if the flying fox is still there.

oh great. i find out what a giraffe swing is only after they removed the one in kambah district park.

Jonathon Reynolds1:40 pm 15 Jul 08

I didn’t know what a “giraffe swing” was:

http://www.hansard.act.gov.au/hansard/2004/week06/2787.htm
(click the “next page” link to see the response from then Minister Bill Wood)

I know that at one stage there was a fair amount of fuss about the state (disrepair) of the “flying fox” at Yerabbi Park. There was a concerted media campaign by residents about it at one stage. I’m not sure if the flying fox is still there.

I prefer to blame Danny Krane’s late night rants on television stirring up the greater unwashed.

stereo henry said :

Spideydog: my comment is made on face value

pun intended? lol

No, not really, but now I see (had to think for a second) LOL.

I agree with whatsup – if i fell out of a tree when i was a kid, silly bloody me. didn’t do it again.
monkey bars were the prime target for stupid behaviour, especially when they put them in at lake ginninderra, but if you fell off the equipment, your parents first thought wasn’t “litigate!” they would brush you down and send you on your way to play with the other kids.

we used to build flying foxes in trees, cubby houses, go-karts etc, and had our share of bumps and bruises, but no-one thought about blaming the govt for falling off a playground item….

my particular favorite was the round spinning thing at the top shops in charnwood – if you got enough speed up, you could either:
a)hang onto the outer bars like a propeller and clean up your mates with your feet, or let go and slam into them…

b)try to get to the centre where you would stand upright while some big kid would make it go even faster, till you fell over and possibly got thrown off….

but I never thought that it was dangerous – anything is dangerous if used incorrectly…

stereo henry1:29 pm 15 Jul 08

Spideydog: my comment is made on face value

pun intended? lol

Quote: “Master David Harper told the ACT Supreme Court there was a foreseeable risk of injury to users of the swing which was often vandalised and damaged.”

If it was that foreseeable, me thinks that it was Mr Lemmon’s own fault for getting on the swing in the first place. (in saying that, i don’t know the full circumstances, the appearence or state of repair of the swing – my comment is made on face value)

The Government cannot monitor EVERY sing set, etc in the ACT around the clock, 24/7. Whatever happened to people taking responsibility for their actions. It seems that this a quality lost these days.

Sadly, it may see the end to parks and playsets in the ACT. The vandals and money grabbing litigators win again…….

We’ve already had several lots of play equipment removed from parks around our area. Litigation of this sort encourages the government to take the easiest and cheapest option, remove all swings and equipment from parks and therefore nobody can blame them when they are injured.

We are supposed to be encouraging our kids to play outdoors and be physically active. A well maintained playground is a tool that parents can use to do this.

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