**BC Supreme Court** District of Saanich Wins - 11 yr Old Girl Summer Camp Accident
 

Girl's playground accident not Saanich's fault, court rules

http://www.vancouversun.com/news/cms/binary/7428010.jpg
A "most unfortunate accident" in 2009 that left a then-11-year-old girl injured was not the fault of the District of Saanich, a B.C. Supreme Court ruling says.
Photograph by: Mark van Manen , Vancouver Sun files

VICTORIA — A "most unfortunate accident" in 2009 that left a then-11-year-old girl injured was not the fault of the District of Saanich, a B.C. Supreme Court ruling says.

In lawsuit filed by the girl and her guardian, the district was accused of being liable for what happened.

Justice Robin Baird said it was not established in court that Saanich employees exposed the girl to "an unreasonable risk of foreseeable harm, or failed to adequately supervise the innocent playground activities in which she was engaged with other blameless children on the occasion in question."

The girl was attending a summer day-camp at Gordon Head Middle School featuring painting, drawing and drama when she fell from playground equipment and hit her head.

She was one of about 16 children at the camp, which was held largely indoors, and was engaged in the occasional outdoor play that was part of the routine.

"I strongly sympathize with the plaintiff and her family," Baird wrote in his reasons for judgment. "What little I was told about the consequences of this accident suggested that the plaintiff's injuries were not trivial."

The girl was taking part in a game called grounders with other children when the incident occurred. Grounders is a version of tag in which the person who is "it" is on the ground and tries to tag others while they are on playground equipment. The person who is "it" has the option of climbing on the equipment, too, but his or her eyes must be closed.

The injured girl did not have her eyes closed when she fell. Baird noted that the girl was not pushed or touched, but was moving backward from the person who was "it" and lost her footing.

A camp worker was supervising the playground activity.

It was argued in the case that grounders is "an inherently unsafe activity" that ought not to be allowed, and that it had been previously banned from the school the girl attended. Saanich countered that it was a common game on municipal playgrounds and had caused no previous accidents.

Evidence from the municipality showed that in more than 11,000 days of summer activity for youth in Saanich from 2007 to 2013, the only injuries were the one that led to the court case and a handful of incidents at a skateboard park.

Baird rejected the argument that grounders was the sort of activity that needed parental consent or approval in advance.

"There is no doubt that games like grounders involve a small degree of risk, as do all children's outdoor activities involving running, jumping, climbing, tagging, chasing, dodging, feinting and so on," he wrote.

"But judging the matter by the objective measure of the reasonably careful and prudent parent, I conclude that the risk of harm inherent in such games is sufficiently remote that to permit children to play them is not unreasonable."

:seriously: the fuck man, grounders was the shit. Kids get hurt in playgrounds all the time, what a fucking joke.

Thank god sanity prevailed. It's terrible that little girl ended up hurt but to suggest it is anything other than bad luck is silly. We are getting to be as bad as the Americans when it comes to frivolous lawsuits.

Mark

The difference is we seldom hand out judgments like they do down south. The vast majority of frivolous claims are thrown out up here. The same cannot be said down there.

Wrap your kids in bubble wrap, keep them indoors in front of a tv at all times, and feed them drugs so they're not "hyper-active" because we don't want kids to ... Be kids ...

At that age youre in grade 5 or so... for gym we used to play capture the flag in a forested area where the ground was nice and clear.
To do this kind of activity in a playground where your caught in the moment and can fall off is stupid.
Said school
http://i.imgur.com/g8tfpYC.jpg

The plaintiff's family took a stab at a million dollar lawsuit and failed. All I gotta say is, try again next time.

You're what's wrong with today's society.

How much money did this family lose? The mount of money involved in a lawsuit like this must be substantial... especially when it's been taken to Supreme Court + lawyer fees.

DON'T TOUCH!!! STAY HOME!!!

New no-touch policy introduced at B.C. elementary school | CTV News

:rukidding:

Thats their own fault and karma for using their child for a payday. When I got hurt in a playground, mommy and daddy told me to be more careful next time I play if I don't want it to happen again. Not go like, "hey son, lets go milk the city for some money so we can sell our crappy corolla and get a new car"

you sure that isn't a secret boot camp disguised by your government so they can spy on kids to see who can be future potential candidates that can be recruited for their use?

sorry, just couldn't resist.

Looks like you can find more info here: 2015 BCSC 1750 Thompson v. Corp. of the District of Saanich

lol I got injury all the time when playing in school playground. Even got a scar on my forehead. Mommy and daddy did nothing expect tough it up.

Kids are kids and they will always get hurt. If parents were to sue the school just coz their kids got a tiny burise all schools would close down or have kids wrap in bubble wrap and stay indoor all the time.