A settlement has been reached by HSPRD, a Wisconsin Law firm, amounting to over $4.6 million, to compensate for the injuries suffered by a six-year-old student, Alex Hook, in Wisconsin according to the HSPRD. The incident occurred when Alex was playing on the school playground during recess and was struck in the skull by a piece of metal rebar.

HSPRD took legal action on Alex’s behalf in Kenosha County, Wisconsin, targeting two main defendants: the concrete company responsible for leaving the rebar in a grassy area near the playground, and the landscaping company whose employee was operating a riding mower over the area during recess, inadvertently launching the rebar towards Alex.

Initially, both defendants denied responsibility. However, HSPRD successfully negotiated the settlement by utilizing forensic analysis of the school’s surveillance footage, which pinpointed the defendant’s mower as the cause of the injury. Additionally, documents obtained during the discovery phase linked the concrete company to the rebar in question.

Following the incident, Alex underwent emergency surgery to save his life, and endured a lengthy and complex recovery process, including multiple additional surgeries. While Alex has thankfully made a remarkable recovery, he bears a permanent scar on his head as a reminder of the ordeal.

1. Regular Safety Inspections and Maintenance: Implement a comprehensive schedule for regular safety inspections of all playground equipment and facilities. Ensure that any potential hazards, such as loose bolts, sharp edges, or broken components, are promptly identified and repaired. Additionally, establish protocols for ongoing maintenance to address wear and tear, keeping the playground in optimal condition to minimize the risk of accidents.

2. Supervision and Monitoring: Enforce strict supervision guidelines during recess and other times when students are utilizing the playground. Designate trained staff members to actively monitor children’s activities, intervene in risky behavior, and enforce playground rules to promote safe play. Encourage staff to engage with students in active supervision, fostering a supportive environment where students feel comfortable reporting any safety concerns.

3. Education and Awareness: Provide regular safety training sessions for both students and staff to raise awareness of potential playground hazards and proper playground etiquette. Educate students on safe play practices, such as using equipment as intended, avoiding roughhousing, and taking turns on crowded equipment. Additionally, emphasize the importance of reporting any unsafe conditions or incidents promptly. Encourage open communication between students, staff, and administration to address safety issues effectively.

Mark Dym, representing Alex and his parents, Caryn and Kirbey, expressed gratitude for the recovery Alex has made, while highlighting the months of unnecessary pain, stress, and anxiety endured by the family due to the defendants’ negligence. Dym commended Alex’s resilience and the support of his family, emphasizing the importance of the settlement in providing financial security for Alex’s future.

Principals have the responsibility of overseeing that they playground and school facility remains safe. Post construction reviews should be conducted, and the facility cleared for safe usage. Continuing maintenance and repairs are an ongoing administrative responsibility especially in the playground area where statistically most serious school injuries occur.

By implementing these recommendations, principals can proactively mitigate risks and create a safer playground environment for students, promoting physical activity and healthy play while reducing the likelihood of injuries.

The legal team from HSPRD involved in the case included Mark Dym, Mathew Piers, Derek Dominguez, and Justin Tresnowski, and Steve Botzau .

Melinda Bossenmeyer, Ed.D. is a retired principal and expert witness who consults on cases involving playground supervisions, playground injuries, physical education, and coaching.