Posts Tagged ‘Insurance’

No Place for Ambulance Chasers at our Schools

April 23, 2012

Our children have been unfairly dealt with thanks to the rise in litigation. No longer are they able to climb on outdoor equipment, play ball games with balls made of anything more substantial than felt or even do cartwheels in the playground. Occupational Health and Safety in schools has gone from responsible to absolutely over the top! This not only causes great stress to Principals and staff but it clearly diminishes the few freedoms our children have been known to enjoy at school.

Why has there been such a significant upgrading of Occupational Health and Safety requirements in our schools? Perhaps this example explains it:

A 13-YEAR-OLD schoolgirl is being sued by a classmate over a tennis court mishap at one of Queensland’s top private schools in the latest blow to playground fun.

The legal claim, over a bruised eye, has raised concerns that “litigation-crazy” parents could threaten the future of school sport by forcing up insurance costs.

It may also force parents to take out third-party accident insurance for their children.

Several Queensland schools have already banned activities including tiggy, red rover and cartwheels because of injury fears.

The legal stoush has embroiled the daughters of a leading Gold Coast cardiologist and an architect, and the prestigious Somerset College.

Cardiologist Guy Wright-Smith said he was “gobsmacked” to receive the damages claim, addressed to his 13-year-old daughter Julia, at his rooms on Friday.

The claim alleges Julia had hit classmate Finley Enright-Burns in the eye with a tennis ball during a tennis lesson at the Mudgeeraba school last October. It alleges Julia was “smashing” balls back to Finley on the baseline when the incident happened.

Finley did not go to hospital but is alleged to have suffered an eye injury which needed medical treatment.

The claim, filed on behalf of Finley by her architect father Paul Burns, also names Somerset College and its Jay Deacon’s Tennis School as defendants.

“It’s bizarre … beyond belief,” Dr Wright-Smith told The Courier-Mail yesterday.

The claim says the tennis school failed to provide adequate supervision or protective eyewear and allowed Julia and Finley to stand too close together  and Julia to hit two balls at once.

Somerset College also breached its duty of care, the claim alleges.

Damages have not been specified but the Wright-Smiths are required to respond within 30 days.

“I couldn’t believe it when I opened this legal letter addressed to my 13-year-old daughter,”  Dr Wright-Smith said  yesterday

What Happened to Honesty and Integrity?

April 11, 2012

My generation is going to point to today’s youth at some point (if they haven’t already) and blame them for having less respect and being more selfish than they were when they were young.

That may be so, but who do you think is really to blame?

Last week, as I went to pick up my daughter from school a driver smashed into my parked car.

Did he (could have been a “she”, but I’ll stick with “he” for convenience sake) stop and wait for me to return?

Nope.

Did he leave a note with his insurance details and a contact number?

Nope.

That’s right, he just drove away like some kind of gutless chicken. He probably thought that my insurance would cover the damage and there would be no loss to me.

In reality, even though I have full cover, my insurance company will only pay for the damage over $1000 (I would have to pay for the first $1000). My car is probably not worth that much more than $1000 and I can’t afford to buy another at this stage, so it looks like I’m going to have to walk to work!

This story is not a new one. One of my friends experienced a similar thing on the very same day!

We can blame today’s children for plenty if we want to. But on further reflection, one has to ask – How are they supposed to end up if we can’t get our own act together and become more responsible rolemodels.

Should a Teacher Intervene When a Fight Erupts?

May 12, 2011

What is a teacher to do when a fight erupts in their classroom?  That is the question doing the rounds at the moment, thanks to the case of a Dallas teacher who responded to a fist fight in his classroom by doing absolutely nothing.

Video of a student punching another student in a local classroom has sparked a debate about student safety. More precisely, should teachers get involved to break up fights?

The Dallas Independent School District said it is still investigating a fight that apparently happened this past Thursday at Seagoville High School. The district believes YouTube video of the incident likely tells only part of the story.

The video shows 17-year-old Michael Milczanowksi getting punched over and over during geometry class. His teacher stands by watching as he appears to take several blows to the head.

While it may seem the teacher could have intervened, a teacher’s union president said that is not what teachers are told to do.

“In today’s society which is a violent society, you do not touch the student. That should be left up to the administration,” said Rena Honea of Alliance-AFT. “I believe that that is for the safety of number one the students, but for the individual teacher as well.”

The district said it has no policy on how teachers should handle student fights because every situation is different.

“The altercation on the video shot at Seagoville High School is clearly inappropriate. The district has zero tolerance for violence in the classroom and has responded accordingly,” DISD said in a statement.

DISD said the student who threw the punches in the video has faced disciplinary action and could face assault charges. But the district would not comment on if the teacher was disciplined because “it’s a personnel matter.”

The video of the fight can be viewed by following this link.

The teacher has been supported by both school and union based on the fact that teachers are not covered for injuries incurred from breaking up a fight.  Why not?  Why can’t a teacher in today’s age have insurance cover for injuries, both incidental and reckless, at the hands of students?

And just because he may have the right to refrain from breaking up a fight, how is it excusable for him to sit back and watch as his student is being punched by a classmate?  Why wasn’t the teacher instructing someone to call for help?  Where is the urgency?  Why doesn’t he react in any way?

What is the point of calling yourself a safe and secure environment for children if you are not compelled to actively and decisively do everything in your power to ensure that your students are safe?

It’s time for insurance companies to remove the stumbling block that deters teachers from breaking up fights.  It’s time for schools to improve their culture and hand out severe consequences for bullies and bullying behaviour.  And it’s time for teachers to do what they can to curb bullying and protect victims.