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Do Athletes Always Assume the Risk of Injury in Sports?

Published on Jun 18, 2020 at 11:38 am in Personal Safety.

Green cleat on orange soccer ball

We rely on sports so we can come together and exercise, socialize, and have fun. Most times, playing sports doesn’t lead to injuries that require medical attention, like scrapes, small bruises, and soreness. But other times, athletes can collide in the wrong way or trip on their own, and cause serious injuries for one another. When an injury happens while playing a sport, who is liable?

Safety Gear for Bicyclists

Published on May 13, 2020 at 3:24 pm in Personal Safety.

Written by: Reginald C. Hair

It is National Bike Month! For many bicyclists, April’s warm weather has prompted them to dust off their bikes and seek a bike tune-up at their local bike shop. While we are all eager to soak up the sunlight and get some fresh air, bikers should remember safety comes first.

The Centers for Disease Control has reported that less than half of bicyclists wear helmets. Bike wrecks have been known to lead to traumatic brain injuries (TBI). Whether you are commuting to work, riding with your family, or exercising, simply wearing a helmet can reduce your chance of death in the event a collision occurs.

Dentists Bill Medicaid for Unnecessary Procedures on Children

Published on Feb 2, 2018 at 2:40 pm in Personal Safety.

A dental clinic called Kool Smiles with several locations across 17 states has been performing unnecessary baby root canals and tooth extractions on children and then billing Medicaid.

The Justice Department has reached a settlement of $23.9 million over the False Claims Act for Kool Smiles’ infractions. They state that Kool Smiles sent in false claims to Medicaid because they insisted that the procedures were necessary. They also found that the dentists gave children stainless steel crowns when they didn’t need them and charged for root canals that they didn’t do.

Rope Swing Accident: Determine Liability & Get Legal Help

Published on Jun 17, 2016 at 3:10 pm in Personal Safety.

The last thing you may want to think about when heading to the lake for a day is getting injured. However, more and more people are getting hurt in an unexpected way. Rope swings, often strung up over creeks or the shores of a lake, are usually believed to be harmless summer fun, but a rope swing accident can actually cause serious personal injury or death.

In April of last year, a teenage girl died after falling nearly 120 feet from a rope swing at Carolina Point in Pickens County. The swing in this case was almost more of a carnival ride, looking like a large version of a swing set on a playground, where riders are strapped in with a rappelling harness. There are many rope swings, however, that are far less elaborate but potentially just as dangerous. The most common swing set ups are as simple as a rope tied over a branch. While these seem like good fun, participants should take care, as serious injury could occur.

Who is liable when a rope swing accident occurs?

While the at fault party in the teen’s death mentioned above was relatively easy to determine, because there was a clear owner of the camp, this is not always the case. Some rope swings are located on state property such as parks, while others are located on private property but have become popular through word of mouth—even though using it without permission could be considered trespassing. Many rope swings are located around bodies of water in or near densely wooded areas that can make it difficult to determine property lines, adding an even greater challenge to determining liability. Often an experienced attorney is needed to determine on whose land an injury actually occurred and whether or not there is a viable case.

While some states have indicated that rope swings are open and obvious dangers, South Carolina has been more hesitant to classify rope swings as such, instead relying on general principles of trespass and negligence to determine liability.

Landowners in South Carolina owe no duty to trespassers. However there is still a duty to children under what is known as the attractive nuisance doctrine that has been carved out as an exception under South Carolina law. An attractive nuisance is something that may cause a landowner to be held liable for personal injury to children who trespass if the injury is caused by something that would lure children to the property. This could include things like swimming pools, slides, and rope swings.

Finding legal help for a rope swing accident

Whether you have suffered a rope swing injury or if your child has been hurt in a rope swing accident, it is important to contact a South Carolina personal injury attorney at the Solomon Law Group right away. If you have been injured by a rope swing, call us today for a free consultation on your case.

Biking Accidents in Columbia SC

Published on May 24, 2016 at 3:55 pm in Auto Safety, Personal Safety.

As the weather begins to warm up more and more bicyclists are getting out on the road. Bicycling is a great way to great fresh air and can act as a part of a healthy lifestyle. However, due to their lack of protections, cyclists who are involved in accidents often suffer serious injuries, especially if they are struck by a car or another motor vehicle.  

Boating Accidents in South Carolina

Published on Apr 14, 2016 at 3:58 pm in Personal Safety.

With summer right around the corner, more and more people are putting their boats in the waters of Lake Murray, Lake Moultrie and the Inner Coastal waterway. A long day of sun and a cooler packed with food and beverages may make the driver of a boat forget that they are still operating a vehicle. If a boat is operated improperly, it could lead to serious injury or death not only for those in the boat, but for others as well. In the most recent year that data is available, South Carolina ranked eighth in the nation for total boat registrations. While accidents involving boats do not occur as often as accidents involving vehicles on the road in South Carolina, they do happen with an unfortunate frequency. In 2014, there were one hundred and twenty four boating accidents in South Carolina and fourteen deaths that resulted from boater negligence.   

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