Are Schools Liable for Injuries on the Playground?

As children across South Carolina return to school, parents have to trust schools to keep their kids safe not just from illness but also from physical injury. And according to the American Academy of Orthopaedic Surgeons, more than 220,000 children under 14 are taken to the emergency room every year for playground injuries. Most of these injuries occur at school. The CDC even estimates that more children are severely injured on playgrounds than in bike or car accidents!

So if your child is hurt while playing on the playground at school, what should you do? What can you do?

School Districts May Be Liable for Injuries on Their Property

Property owners have a legal responsibility to make sure their property is safe for anyone who is on it. In legal terms, this is called “premises liability.” And parents of school-aged children should know that it also applies to schools.

But to prove that the school failed in their legal responsibility, you will need to prove these four things:

• The school is in charge of the playground.
• Your child was injured in a foreseeable way (i.e., your child was using playground equipment in a way that could be anticipated, and the potential injury could also be anticipated – for example, it’s easy to guess a child might jump from the top of a jungle gym and hurt themselves, or might hurt themselves going down a slide if a nail is sticking up).
• The school could have or should have foreseen the danger, but didn’t do anything or do enough to prevent it.
• Your child’s injury is a result of the school’s failure to reduce or remove the danger.

Schools have a responsibility to maintain playground equipment to make sure it’s safe to use. That means they should regularly inspect their playgrounds for danger, including rusted or rotting building materials, loose screws or bolts, protruding nails, sharp edges, and slippery surfaces.

Unfortunately, many state governments grant immunity from civil liability for injuries on  government-owned property such as public schools’ playgrounds. Exceptions are usually only made in cases of extreme negligence. Private schools and daycares, however, do not have the same legal protection.

Who Can I Sue for My Child’s Injuries?

Schools aren’t the only people who can potentially be held liable for injuries on playgrounds. The manufacturer of the playground equipment could be held liable if it’s determined the equipment is dangerous because of the way it was designed, or the contractor who installed the equipment could be liable if they installed it incorrectly, making it dangerous to use.

Examples of items that could make a manufacturer or contractor liable include:

• Lack of guardrails, or equipment that’s too high for the intended age group (equipment taller than 6 ft. at a preschool or taller than 8 ft. at a grade school)
• Openings that could trap a child’s arms, legs, or head
• Lack of space between equipment (e.g. swings hung too closely together so they can swing into each other)
• Lack of shock absorbent playground surface material (wood chips, shredded rubber, sand, etc.)

The person in charge of supervising your child can also be potentially held responsible for your child’s injuries, since young children may not be aware of dangers that would be obvious to an adult, such as running too fast on slick surfaces or jumping from equipment that’s too high.

Playground Injury? Get a Free Case Consultation

If you are unsure who can be held liable for your child’s injuries on a school playground, we recommend speaking to an experienced South Carolina premises liability attorney to discuss your case.

At Joye Law Firm, your initial consultation is always free, and you are under no obligation to hire us after speaking to one of our lawyers. We simply want to help you understand your options, and if you decide to move forward with a lawsuit, help you get the compensation your family deserves when your child is injured through someone else’s negligence.

We know how difficult it can be to get compensation when dealing with multiple potential liable parties, some of whom may be granted immunity by the state. But we also have the experience to help.

Have questions? Call today for your free consultation.

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Who’s at Fault in a No Contact Motorcycle Crash?

Motorcyclists are often unfairly blamed for their own crashes because there is a stereotype that they are reckless and frequently break traffic laws.

When a car, SUV, or truck collides with a motorcycle, certain evidence can prove that the driver of the passenger vehicle was at fault, but motorcyclists still face bias that can prevent them from getting the full amount of compensation they deserve, especially as they may unfairly still be considered partially at fault.

When motorcyclists crash as a result of another driver’s actions, but there is no actual collision between the two vehicles, proving the crash was not the fault of the motorcyclist becomes much, much harder.

What is a No-Contact Motorcycle Crash?

A no-contact crash is any crash where the vehicles involved don’t actually come into contact with each other. You may also hear it called a “phantom driver” crash, and it happens more often than you might think.

A common example would be if a driver suddenly changed into a motorcyclist’s lane without signaling, and the motorcyclist had to swerve or stop suddenly to avoid them. If the motorcyclist crashes or falls off their bike because they were forced to swerve, that would be a no-contact crash.

This type of crash doesn’t only happen to people on motorcycles, but it is more common in motorcycle crashes than other types of wrecks.

No-contact crashes are often caused by drivers who are distracted, drunk, or who are driving recklessly and without any care toward the safety of anyone around them by speeding, ignoring traffic signals, and/or failing to use turn signals or check mirrors.

Thankfully, negligent drivers can still be held liable for causing motorcyclists to crash, even if there isn’t a collision.

What Happens If the Other Drives Flees the Scene?

Unfortunately, it’s far too common for the at-fault driver to leave without stopping in a no-contact crash.

Sometimes it’s not done on purpose. If the other driver caused a crash because they were distracted or drunk, it’s entirely possible they did not even notice they caused a crash. Other times, they do know they caused a crash, but they keep driving anyway because they don’t want to face the consequences.

If the other driver flees the scene, you have to treat it like a hit-and-run. When a hit-and-run is also a no-contact crash, it is called a “miss-and-run.” To make it easier to identify the at-fault driver later, try to remember as many details of the other vehicle as you can, including:

• Make
• Model
• Color
• License plate number
• Distinguishing features, such as dents or bumper stickers
• What direction the vehicle was heading when it left

Make sure to call the police and provide them these details when you report the accident. If the driver can be identified, they can be held liable for your damages, including your injuries.

If the other driver can’t be identified, you will need to pursue compensation from your own uninsured motorist coverage. If anyone stops to help after the accident, they may have seen the accident happen, so it’s incredibly important to get their contact information so they can provide testimony proving that someone else caused your crash.

Don’t Accept Blame for a No-Contact Crash

It’s common to feel stressed, upset, and frustrated after an accident, especially a no-contact accident. Victims may second-guess themselves and say “if only I had reacted faster,” or “If I had done this instead, maybe I wouldn’t have gotten hurt,” but it’s important not to waste time on what-ifs. You can’t control other people’s actions, especially when they are behaving negligently.

Everyone on the road has a duty to avoid harming the people around them. When motorcyclists swerve or stop to avoid a collision, they are doing their duty, but the driver whose reckless driving caused them to swerve wasn’t doing theirs. When this happens, those reckless drivers can and should be held responsible for the injuries they cause.

If you or someone you love has been injured in a no-contact motorcycle crash, it is important to contact a lawyer as soon as possible. Motorcyclists already face discrimination and bias from insurance companies, and they will be working hard to claim that your crash was your fault and that there was no other vehicle involved. We won’t let that stand. Contact our firm today to get started on building a claim the insurance company can’t ignore.

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Can Technology in Cars Sense a Drunk Driver?

Drunk driving crash rates have significantly declined since the 1970s thanks to tougher laws and the work of advocacy organizations, such as Mothers Against Drunk Driving. Unfortunately, thousands of people are still killed every year in preventable accidents caused by drunk drivers. Some anti-drunk driving advocates urge the addition of new technology to vehicles to reduce drunk driving accidents by sensing intoxicated drivers and signs of impairment. Keep reading to learn more about emerging technology to combat drunk drivers.

The personal injury attorneys of Joye Law Firm are committed to keeping drunk drivers off the street and making our communities safer through both new technology and strong legal advocacy. Our personal injury lawyers advocate for the rights of people injured by drunk drivers throughout South Carolina. We hold those who cause harm accountable.

Contact us today to learn more about how we can help you seek full compensation for your injuries and related losses after a drunk driving accident. Joye Law Firm has been serving injured people in South Carolina for more than 50 years. We are honored to have made a positive difference in the lives of thousands of people. We have five convenient locations in Charleston, Myrtle Beach, Columbia, Clinton, and Summerville and offer free case reviews.

Drunk Driving Dangers

Alcohol was a factor in close to a third of all motor vehicle fatalities, totaling 10,000 deaths or more per year, according to the National Highway Traffic Safety Administration. The NHTSA reported 285 people died in alcohol-related accidents and many more were injured in South Carolina in 2019.

Driving under the influence of alcohol can make a motorist an unsafe driver as some of the effects of alcohol on the ability to drive include:

• Slowed reflexes, which makes it harder for drunk drivers to react quickly to an emergency or hazard
• Altered perception, which also makes it harder for intoxicated drivers to recognize a dangerous traffic situation or road hazard
• Reduced inhibition, which can make a drunk driver more likely to engage in reckless driving such as speeding, tailgating, weaving in and out of traffic, making unsafe lane changes or turns, racing to beat red lights, and running stop signs
• Increased drowsiness and fatigue, which puts a drunk driver at risk of falling asleep behind the wheel

Using Technology to Keep Families Safe

Although increased law enforcement and education about the dangers of drunk driving have significantly reduced drunk driving accidents, the reduction in drunk driving deaths has plateaued in recent years. Safety advocates believe that anti-drunk driving technologies could be effective in further reducing drunk driving accidents and fatalities by more than 25 percent, according to the Insurance Institute for Highway Safety.

Two new technologies could be utilized to prevent drunk driving accidents. One line of research involves driver monitoring systems, which would use sensors inside the vehicle to detect signs of distracted or impaired driving. The system would warn the driver of his or her unsafe behavior. The second technology, alcohol detection systems, would read a driver‘s breath to determine whether the driver is intoxicated. The technology could prevent the vehicle from starting when the system detects a positive result.

Many drivers would approve of having these technologies in their vehicles, provided that the systems do not otherwise interfere with the normal operation of the vehicle and do not add to the vehicle’s cost. According to news reports, some advocates are calling for auto manufacturers to outfit more vehicles with these types of safety systems.

Driver Monitoring Systems Can Detect Signs of Impaired Driving

Vehicle manufactures are beginning to develop driver monitoring systems. These systems use cameras and other sensors to watch the driver for telltale signs of distraction, fatigue, and impairment, such as taking their eyes off the road or hands off the wheel. When these systems detect signs that a driver is not focused on the road, the vehicles can give visual and audio warnings to remind drivers to pay attention.

More advanced systems could look at behaviors that indicated impaired or drowsy driving, such as drifting out of the lane, changing lanes without signaling, failing to maintain a constant speed, or failing to keep up with traffic. Many vehicles are already equipped with lane-keeping technology. Safety advocates are hopeful that the whole suite of systems will result in fewer crashes and, consequently, fewer injuries and deaths.

Alcohol Detection Systems Use Sensors

The proposed alcohol detection systems are a significant advance from the ignition interlock systems that many people convicted of DUI are required to install on their vehicles. People convicted of drunk driving who use ignition interlock devices often have lower rates of repeated arrests for drunk driving.

Newer systems have the potential to be even more effective. Rather than requiring a driver to blow into a tube, the proposed alcohol detection systems would use passive sensors that measure alcohol in the ambient passenger cabin air as the driver breathes.

How a Car Accident Lawyer Can Help

If you’ve been injured in a drunk driving car accident, let an experienced attorney from Joye Law Firm help you to pursue accountability and compensation for the harm you have endured. Our attorneys are available to:

• Advise you of your legal rights and options for recovering compensation for your injuries
• Investigate the accident to recover evidence of the other driver’s intoxication and fault for the crash
• File your claim with the drunk driver’s insurance company before any applicable deadlines expire
• Handle settlement negotiations with attorneys and insurance adjusters for fair and full compensation for you
• Take your case to court and pursue your drunk driving injury claim all the way to trial if necessary

If you have been injured in a car accident caused by a drunk driver in South Carolina, speak with a knowledgeable S.C. car accident lawyer at Joye Law Firm about your ability to seek financial compensation from the drunk driver responsible for your injuries and losses. Contact Joye Law Firm or give us a call at 888-324-3100 today for a free, no-obligation consultation.

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August is the Most Dangerous Month for Construction Workers

More construction workers are injured in August than in any other month of the year, according to data collected by the Bureau of Labor Statistics. We can point to two likely culprits: one, there are more construction projects happening in the summertime. More work needing to be done means more workers, which means more workers at risk of being injured.

However, it’s not just about more workers getting injured; workers are also more likely to get injured. And that’s because of the second culprit: summer heat.

August is the hottest month of the year, and construction is physically demanding work, making construction workers more likely to experience heat-related illnesses and accidents. The study further showed that most construction fatalities occurred between 10 a.m. and 3 p.m., with the peak occurring at noon, when the sun is directly overhead and at its hottest.

How Heat Causes Accidents

Heat stress can cause serious illness (fatal, if untreated), and the symptoms of heat stress can also make workers more likely to become injured in accidents.

For example, sweaty palms can make it more difficult to safely grasp tools, while high humidity can fog up safety glasses, making it harder for construction workers to safely see what they are doing.

Heat stress can also cause confusion/impaired thinking and slowed reaction times. Both of these can increase a worker’s risk of accidentally injuring themselves or others on the worksite.

In addition, dizziness and fainting can also occur as a result of heat-related illness, which put workers at serious risk of slipping, tripping, or falling. Falls are one of the most common causes of injuries on worksites, and the number one cause of death on construction sites. Over 40% of all construction deaths are the result of falls.

How to Identify Heat Stress

It’s important to know how to recognize signs of heat stress so that they can be treated before they become dangerous. Symptoms of heat-related illness often include the following:

• Sudden rash
• Excessive sweating
• Skin becomes cold and clammy, then hot and dry
• Cramps or muscle spasms
• Headache
• Dizziness, nausea, and/or vomiting
• Weakness
• Confusion
• Rapid pulse
• Loss of consciousness

The people most likely to suffer heat stress are workers who aren’t used to working in high heat, and those who have worked in high heat previously but have not been exposed to working in high heat recently. Acclimatization can be lost in just a few days away from work! These workers should be gradually reintroduced to extreme heat to allow their bodies a chance to acclimate or reacclimate to the conditions.

Construction employers can use “buddy systems” and help make workers aware of heat stress symptoms so they can look out for the warning signs in their fellow workers.

Construction Companies Have a Legal Duty to Their Workers

Construction companies must provide a safe environment for their workers, and that includes protecting them from heat-related illnesses and injuries.

This means when workers are required to work in high heat or humidity and at high risk of heat stress, they should be given plenty of water and frequent breaks in shaded or air-conditioned areas. Work should be scheduled for the cooler hours of the day, and extra workers should be added so that work can continue whenever a worker needs to rest.

Workers should also be provided the proper safety equipment, especially fall-arresting equipment. Doing so can save lives if workers fall due to suffering from heat-related symptoms.

Construction companies who fail to provide workers with a safe work environment can be held liable for injuries and deaths that result.

Joye Law Firm Stands Up for Injured Construction Workers

Construction is one of the most dangerous industries, and workers deserve to know that the companies they work for have their best interests at heart. That means not forcing them to work in dangerously high heat without appropriate breaks or failing to provide them with necessary safety equipment.

If you or someone you love was injured or killed in a construction accident that could and should have been prevented, you deserve compensation. Contact our firm today to learn how we can help.

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What to Do After a Car Accident in a Rental Car

People rent cars for all kinds of reasons: sometimes they don’t own a car and need to take a trip, and sometimes they do own a car and need to take a trip, and don’t want the extra miles on their personal car. Many people need to rent cars to get around if their personal car is in the shop being repaired.

But whatever the reason, you are no less likely to get into a car accident in a rental car than you are in a car you own. You might even find yourself more likely to get in a collision, because you are unfamiliar with the size of the vehicle and the controls.

Unfortunately, sorting out insurance and who’s liable in a crash in a rental car is more complicated than in a collision in a car you own.

5 Steps to Take After a Crash in a Rental Car

The initial actions to take after a car crash in a rental car are the same as the ones you’d take in another other crash, although there is one more important step:

1. Call 911 to summon police and medical personnel to the scene.
2. Exchange information with the other driver.
3. Take pictures of the damage to the vehicles and of any injuries.
4. Call your insurer.
5. Call your rental car company.

 What Insurance Do I Use?

 If you are renting a car because you do not own one, you probably don’t have your own insurance. If that’s the case, you would have been required to purchase insurance from the rental car company at the time you rented the car. There are four main types of coverage you usually have the option to purchase:

• Collision Damage Coverage –  Covers the rental car, but not the other car
• Liability Coverage – Covers the other driver’s damages (vehicle damage and medical expenses), if the renter is at fault
• Personal Accident Coverage – Covers the renter’s medical expenses
• Personal Effects Coverage – Covers the renter’s personal property damaged in a crash or stolen out of the rental vehicle

If you do own a car and have your own insurance, you can usually apply that insurance to the rental car while you are using it without having to purchase insurance from the rental company. Make sure to check with your insurance policy beforehand, however, to make sure rental vehicles are covered.

You may also be able to get rental car insurance through your credit card, if you use your card to pay for the rental. This is a perk offered by some, but not all, credit card companies. However, it usually only covers collision damage and not injuries.

In a Rental Car, You Are Liable Even When You’re Not at Fault

Unfortunately, when you sign a rental car agreement, you agree to accept liability for any damage to the vehicle during the time period that you are renting it. This means that even if the other driver was 100% at fault for the crash, you still need to pay for the damage to the rental vehicle yourself.

If the other driver was at fault, you can usually get reimbursed by their insurance, but the rental car company will come to you before they go to insurance. Be prepared to pay at least your insurance deductible directly to the rental car company. Furthermore, you should be aware that you may also be charged “loss of use” fees by the rental car company, which is the amount of money they lost because they couldn’t rent out the vehicle while it was being repaired.

Can I Sue the Rental Car Company if Someone in a Rental Car Hit Me?

Unfortunately for victims of collisions with rental cars, federal law protects rental car companies from liability in accidents caused by the people who rent their cars. You will need to pursue compensation for your injuries from the driver of the rental car.

The only exception to this law is if you can prove that the rental car company was negligent in allowing the car to be rented. For example, if they knew the car was under a recall and dangerous to drive, or if they rented to someone that they knew was drunk.

After a Crash, Call Joye Law Firm 

Our team of experienced South Carolina auto accident attorneys has helped victims of all kinds of crashes, including crashes involving rental cars. Although it may be more difficult to get compensation, that doesn’t mean you are stuck fending for yourself. Contact our firm today to see how we can help you get the money you’re owed after a crash that wasn’t your fault.

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What You Need to Know Before Riding a Jet Ski

Jet skis are almost universally considered a whole lot of fun, and very easy to operate. Unfortunately, this does not translate to them also being safe, so while it is possible to have an enjoyable time on a jet ski without suffering any injuries, there are several things you should remember to help you do so.

Do You Need a Boating License or a Driver’s License to Ride a Jet Ski?

No. The only exception is that children under the age of 16 must either ride with an adult, or successfully complete a boater education course to be able to ride alone in South Carolina.

What Should I Wear?

Most people assume they can simply hop on a jet ski in their swimsuit and be good to go. However, this isn’t true. Safety requires a few extra precautions.

• You are required by law to wear a life jacket when riding a jet ski. It’s much easier to fall from a jet ski than from a boat, and most watercraft-related deaths are the result of drowning, which can be prevented by wearing a life jacket. This is true regardless of your swimming ability! Hitting the water after falling from a jet ski at high speeds could cause injuries that make swimming more difficult.
• Wear wetsuit bottoms. This isn’t simply to prevent chafing or potentially losing your suit in a fall from the jet ski. Failing to do so can result in serious injury and death. Jet skis accelerate by releasing a powerful jet stream of water. If a passenger falls backwards off a jet ski, they are at risk of that high pressure stream of water entering a body cavity and rupturing internal organs. Wetsuits are the best protection against this.
• Wear proper footwear. Water shoes are best, as they will keep your feet from slipping like flip flops might, and they also offer protection from submerged objects you might not be able to see when getting off your jet ski.
• Wear a whistle. If you lose control of your jet ski, a whistle can alert nearby boaters for rescue.
• Don’t wear anything you will regret losing. That includes hats, jewelry, watches, and expensive sunglasses. Consider wearing tinted goggles instead to protect your eyes from glare and spray, or opt for floating sunglasses or sunglasses you can wear on a lanyard around your neck.

Safe Driving Practices While Riding Your Jet Ski

• Never drink alcohol before getting on a jet ski. All the same reasons why you shouldn’t drink and drive a car apply to driving a jet ski, and you can still be arrested for operating a vehicle while drunk even on the water.
• The key to the jet ski will be on a lanyard, which should be worn around your wrist. This is to ensure that if you fall from the jet ski, the key is pulled from the ignition switch and the jet ski isn’t left running without an operator, putting you or others in danger of being run over.
• Keep your speed low—under 10 MPH—until you’ve moved a safe distance from the shoreline. Then only accelerate gradually, and make sure any passengers are holding on tight when you begin to accelerate to prevent them from falling off.
• Don’t speed. Before you see how fast you can go, it’s important to remember that most jet skis are not equipped with brakes. Excessive speeding is a common cause of collisions between jet skis and other watercraft and even with swimmers, especially since jet skis cannot turn without accelerating at the same time, making it very difficult to avoid collisions.
• Don’t try to perform stunts. As tempting as it may be, many inexperienced and experienced riders have been sent to the hospital after attempting tricks like wave jumping.

Victims of Jet Ski Accidents Deserve Compensation

While it’s important to follow safety measures whenever you get on a jet ski to protect yourself and others, the sad truth is that not everyone will offer you the same courtesy. If you were injured by a jet skier who was recklessly speeding, driving drunk, driving too close to the shore, or acting in another negligent manner, you can pursue compensation.

The same is true if you were riding a jet ski and injured by a malfunction caused by a faulty or dangerously designed jet ski.

At Joye Law Firm, we’re very familiar with the many ways negligence can injure people just trying to enjoy themselves at the lake or beach, and we don’t believe that injury victims should be forced to pay for other people’s mistakes.

If you or someone you love has been injured in a jet ski or boating accident, contact our firm today for a free case review.

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