Ensuring Playground Safety
A Principal’s Reflection on a Landmark Settlement
by Dr. Melinda Bossenmeyer, The Recess Doctor
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.
Lessons from a Legal Perspective
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.
A Principal’s Responsibility for Playground Safety
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.
3 Steps Principals Can Take to Improve Playground Safety
1. Conduct Regular Playground Safety Inspections
Establish a formal schedule for inspecting all equipment and surrounding grounds. Address potential hazards such as broken equipment, exposed metal, and debris left from construction. Create a maintenance log and ensure immediate follow-up on any reported issues.
2. Strengthen Supervision and Monitoring
Ensure staff are actively supervising recess with clear responsibilities and training. Active supervision helps deter risky behavior, ensures rules are followed, and allows rapid response to emergencies. Surveillance systems can also assist in both prevention and incident review.
3. Promote Playground Safety Education
Regularly educate students and staff about safe playground behavior. Encourage students to report hazards, and make it easy for them to do so. Use morning announcements, posters, and classroom discussions to keep playground safety top of mind.
By implementing inspection protocols, improving supervision, and promoting safety education, schools can significantly reduce the likelihood of preventable accidents. As this case has shown, the consequences of neglect can be devastating—but the solutions are within our control.
Peaceful Playgrounds Recess Program is a tool for elementary schools, that is research based to reduce playground injuries.
Read our Featured Articles page for Playground Safety
Download our 10 Tips for Playground Supervision Article
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 an expert witness for school supervision, playground injury cases, physical education, and coaching cases related to supervision. Professional articles by Dr. Bossenmeyer © Peaceful Playgrounds 1998 All Rights Reserved
