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  1. #1
    Atomic Punk
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    12.11.17 @ 04:37 PM
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    Parents Fear Accompanying Students on Trips After Accidental Death Award

    When she traveled to China with her son's school choir, Teresa Cleary spent a fair amount of time worrying that a student under her supervision might become lost or ill.

    She didn't consider another possible consequence: getting sued.

    A nearly $700,000 verdict against a chaperone of a cheerleading trip to Hawaii is enough to give a chaperone pause, said Cleary, of Cincinnati.

    "Whether it's a trip to the zoo with the first grade or a trip to China with a group of high school students, there's always an anxiety," she said. "I'm responsible for someone else's child."

    Add legal liability to the equation, and, "I definitely think it could impact some people's willingness to chaperone."

    The Hawaii verdict came in the case of an 18-year-old high school student who fell to her death from a Maui hotel balcony.

    Lauren Crossan, of Randolph, N.J., had traveled to Hawaii in 2004 with Susanne Sadler, Sadler's daughter, and another New Jersey cheerleader to perform in the halftime show of the Hula Bowl. Within hours of her arrival at the Hyatt Regency Maui Resort, Crossan was seen drinking alcohol.

    Her body was found the next day on the hotel grounds.

    An arbitrator determined last month that Sadler was partially responsible for Crossan's death and ordered her to pay $690,000 to Crossan's parents and her estate.

    Getting sued is a possibility the Blacksburg High School Band Boosters in Blacksburg, Va., have considered, said John Sills, who organized a band trip to Orlando in April.

    The booster club is in "active discussion" about the possibility of purchasing liability insurance to protect parents, said Sills, the president of the organization. Members are concerned about the possibility of lawsuits, he said.

    "If we decided not to have any insurance, at some point a year or two from now, some parents might say they can't take the risks," Sills said.

    Jan Harp Domene of Anaheim, Calif., was grateful for the liability insurance provided by the California PTA when she was sued because a student broke his nose while slam-dancing at a dance she was chaperoning.

    "Parents need to be cautious," said Harp Domene, who serves as president of National PTA. "Parents trust that you are watching over their children."

    Not all schools provide liability coverage. Concerned chaperones can also look to their homeowners policies, some of which cover accidents away from the home.

    Sometimes it takes an event like the Crossan lawsuit to draw attention to a potential risk, said Lisa Soronen, a senior staff attorney with National School Board Association in Alexandria, Va.

    "Many parents do chaperone and don't think a think about it for a second," she said. "Almost everything a school does involves some amount of risk."

    The key is to work with the school or sponsoring organization to reduce the risks, Soronen said. Students and chaperones should be made aware of the expectations while on a trip, she said.

    Once on the trip, parents should be vigilant about watching for potential dangers, added James Krueger, the Maui attorney who represented Crossan's family.

    Krueger, who would not comment on the Crossan case because of a court-imposed gag order, said parents could reduce their liability by enforcing the rules established by the trip's sponsor and using common sense parenting skills.

    "If you're a good parent, you're not going to have problems," said Krueger, who has handled numerous cases of children injured while in the custody of someone other than their parents. "If you're a crappy parent, you are."

    The case was not unlike a wrongful death suit that someone might file against a doctor, said Neil Vidmar, a Duke University law professor.

    "It's a tragic case, but it doesn't seem to me to be particularly unusual," he said.

    Others have suggested, in online discussion generated by the Crossan award, that the case is another example of Americans choosing to sue rather than take responsibility for their actions. Critics of the decision note that Crossan, while a high-school student, was 18.

    To Cleary, the benefits of school trips still outweigh the risks. The Winton Woods High School trip to China changed lives, she said.

    "They came home appreciating the country they live in," she said. "It changed who they were — grew them up a bit."
    "Watch what people are cynical about, and one can often discover what they lack.” -- Gen. George S. Patton

  2. #2
    Atomic Punk
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    "Watch what people are cynical about, and one can often discover what they lack.” -- Gen. George S. Patton

  3. #3
    Sinner's Swing! graeme's Avatar
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    11.19.17 @ 09:41 AM
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    Another case of removed responsibility edges the world a little closer to uniform stupidity.

    A broken nose from slam dancing and you can now sue?

    You can imagine the trips of the future....All the students sit on soft chairs, not too high off the ground and with safety belts, and watch a TV programme about the place they would have gone to if it didn't involve real life and the actual danger of being exposed to the world.

    Negligence is one thing. Life tends to happen....that's another.
    A man could lose himself in a country like this.

    My blog at http://tollins.blogspot.de/

  4. #4
    Baluchitherium
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    12.13.17 @ 02:13 AM
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    She should countersue the parents and the estate for $690,001 for sending out a kid with no personal responsibility. If you send your kid to be managed by someone else, the kid should be able to be managed. For sure there was some kind of notification of expectations, including no criminal conduct. Too bad she's dead, but unless someone was holding her down forcing the alcohol down her throat, it's her own fault.
    Posted from yo' mama's house.


  5. #5
    Gird your loins Daisy Hill's Avatar
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    12.14.17 @ 05:44 PM
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    Quote Originally Posted by VegasVic View Post
    She should countersue the parents and the estate for $690,001 for sending out a kid with no personal responsibility. If you send your kid to be managed by someone else, the kid should be able to be managed. For sure there was some kind of notification of expectations, including no criminal conduct. Too bad she's dead, but unless someone was holding her down forcing the alcohol down her throat, it's her own fault.


    Bingo! While I am sure the parents are devastated at the loss of their child, how will the money help alleviate that pain?

    I had an injury due to a defective car part.....when the dealership wouldn't replace the part because I was 1 hour beyond the warranty (Oh, this happened at 1 am? are you aware that your warranty expired at midnight? You're completely out of warranty) I hired an attorney to get my car fixed


    Instead he pushed for a personal injury suit, asking me "How much money do you think it would take to make you feel whole?" DUH my pain will be over in a few days.....fix my car! It turned into such a stupid debacle that it forever changed my feelings about lawyers and the law and helped be to decide not to go to law school. I have since talked to many highly ethical lawyers who have told me that the current litigation environment has made them wish that they had chosen a different career.

  6. #6
    Atomic Punk Menlow's Avatar
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    06.14.17 @ 06:46 PM
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    Unless the chaperone bought the alcohol for the minor or the minor was flaunting it in front of the chaperone, this is bullshit. A chaperone shouldn't have to watch an 18 year old 24/7. If this girl snuck out and got drunk and then fell, while tragic for her family, it's of her doing and no chaperone should be held responsible.

  7. #7
    Atomic Punk smithjc's Avatar
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    08.04.17 @ 11:33 PM
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    Must agree with the comments here. Personal responsibility's a bitch isn't it?
    RIP - Classic Van Halen

    "A lot of people take Van Halen more seriously than we do." The Diamond One



  8. #8
    Forum Frontman It's Mike's Avatar
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    12.15.17 @ 03:50 AM
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    Menlow hit the nail on the head on this one.

  9. #9
    5150
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    01.05.12 @ 06:49 PM
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    We are raising a bunch of wimps. What is wrong with this generation of parents and chirdren.
    Van Halen shows
    July 28, 1980 Freedom Hall Louisville KY
    1981 Freedom Hall Louisville KY
    December 7, 1982 Freedom Hall Louisville KY
    Febuary 9, 1984 Freedom Hall Louisvile KY
    May 22, 1998 Madison Square Garden NYC
    August 15, 1998 Jones Beach LI NY
    June 19, 2004 Worcester Mass
    November 3, 2007 IZOD Center NJ
    November 13, 2007 Madison Square Garden NYC
    May 23, 2008 Madison Square Garden NYC

    www.myspace.com/patvh5150

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  10. #10
    Baluchitherium loveevhsince79's Avatar
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    10.23.15 @ 04:49 PM
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    Quote Originally Posted by Daisy Hill View Post

    Instead he pushed for a personal injury suit, asking me "How much money do you think it would take to make you feel whole?" DUH my pain will be over in a few days.....fix my car! It turned into such a stupid debacle that it forever changed my feelings about lawyers and the law and helped be to decide not to go to law school. I have since talked to many highly ethical lawyers who have told me that the current litigation environment has made them wish that they had chosen a different career.
    Probably a good choice in the end as I don't know of any lawyer who says he loves his job.
    Life may not be the party we hoped for, but while we are here we might as well dance.

    Live simply. Love generously. Care deeply. Speak kindly.

 

 

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