pcassini

Injured during a school field trip

5 posts in this topic

On June 8th, 2016 my 10 year old son was injured during an elementary school band field trip to Knott’s Berry Farm. The trip to the amusement park was to perform with the school band; during the field trip the kids were able to ride on the amusement park rides throughout the day. There were a group of kids which each chaperone were to have somewhere between 4 to 5 kids. My sons chaperone had 10; 4th graders in her group. During the day the kids were able to ride on a ride, his group chose to ride on the Log ride, They then had lunch around 10:30ish. After lunch they took a group photo and proceed to go on to the Sidewinder . During this ride, my son had "evidently" passed out in the midst of the ride. His friend who was sitting next to him asked if he was OK and my son said "umm, yeah I guess" . After that ride, the group had decided to go onto The Silver Bullet, according to my son’s partner that was sitting next to him; he saw that his head had nodded down and noticed that he was unconscious. After that ride, his friend helped him out and my son went to the chaperone, with an apparent look of distress on his face, because my son suffers from Asthma she thought he was having an asthma attack and gave him his asthma inhaler. There was no discussion from the chaperone to my son as far as his well being, the group of kids went to the area where the photos were being shown from the ride, it was apparent in the photo that my son was completely unconscious, however I have not seen the photo but there were several people who took pictures of the photo. After that incident, the chaperone allowed the group of kids onto another ride, which was MMontezumas Revenge, my son was very reluctant and kept telling them "nah, I don't feel like it", but kept pressuring him to go on it until he agreed. During this ride, once the roller coaster took off, my son was fell unconscious through out the duration of the ride. And again no concern from the chaperone regarding his health or well being, his friend that was seated next to him had to nudge him to get him coherent and then he had helped him up and out of the roller coaster ride. It was apparent there was no report made to the coordinating teacher, the school, the nurse or the principal. It wasn’t until the following day when I was approached by my son’s classroom teacher regarding the rumors that he had passed out. I approached the chaperone and asked her what took place and her response was she thought he was just having an asthma attack. There was a complete disregard for my son’s health and his well being not to mention the gross negligence on her part with respect to being a chaperone. He did not receive any medical attention at the theme park and no additional care was given to him from the chaperone. 
 
I had left a message for his pediatrician on June 9th regarding what had taken place; on June 10th I had left a second message regarding what had taken place. During the weekend both my husband and I started to notice a change in our son’s attitude and thought process. On Monday morning while making breakfast, I noticed my son had "blanked" out and became non responsive for about 2 minutes. When he came to he was angry and crying. He had refused to talk about what had happened and couldn’t recall anything within the last few minutes. That morning I received a call from his Pediatrician and was concerned as well. He wanted him to see a cardiologist to rule out if all the passing out was caused by a pre-existing  heart condition. We were able to get him to see a cardiologist the following day. When I picked my son up from school on Tuesday, I ran into the school nurse, she was impressed with how well my son looked from being sick the prior month. I explained to her what had happened during the trip and she looked very concerned and said she will have to look into the incident because she had not heard anything about it. We visited the cardiologist and it was determined that he did not have any pre-existing condition that would have caused him passing out. On Wednesday June 15th, I spoke with my sons pediatrician again and explained that the cardiologist believe he had a concussion and should see a neurologist. However because there was a 6 month waiting period it was suggested to go to CHOC hospital. During this process his pediatrician had him admitted to the hospital for observation, they were able to run a catscan, eeg, and ekg. The end result is that he had suffered a concussion from passing out on the rides and banging his head. He had gone through a few days after he was released having these mild blank seizures; he now suffers from migraines, which his neurologist states could last for 2 years. He is currently taking medication to try to help ease the severity of them. His neurologist diagnosed him with post concussive syndrome.
 
I filed my education tort claim to the district within my 6 month time frame, and had received my rejection letter in January. Someone needs to be held accountable for this and if the school is "protected" how do you go around that? Who is liable for the injury that my son suffered?
This should not have happened and I don't know who in their right mind would ever allow a could to go numerous rides, after passing out. Any guidance would be helpful I just do not know where else to turn to. 
 
 

Share this post


Link to post
Share on other sites

Allow me to paraphrase your excessively long statement:

 

My 10 year old son went on a field trip to an amusement park.  While there he allegedly "passed out" on some of the rides.  Nevertheless, the chaperone allowed him to go on other rides.  Between rides he was coherent.  My son has been subjected to numerous tests, none of which have explained why he would have "passed out" on the rides.  It is not noted that my son had signed of impact to his head during the rides.  He has subsequently been diagnosed with post concussive syndrome which may have occured as a result of injury suffered on the amusement park rides.  There does not appear to be any evidence that our son suffered any direct injury on any of the rides. We believe the school district is responsible for my son's current condition since the chaperone allowed my son to continue to go on rides at the amusement park.

 

Please expand or correct any misstatements I may have made in my summary.

Share this post


Link to post
Share on other sites
On 4/7/2017 at 9:43 PM, pcassini said:

There was a complete disregard for my son’s health and his well being not to mention the gross negligence on her part with respect to being a chaperone.

 

Sorry, but this is nonsense.  It is clear that the chaperone did have concern for your son.  What does appear to be the case is that this chaperone misread what was happening, which is completely understandable since the chaperone obviously isn't a trained medical professional.  That's not even negligent (much less "gross negligence," which is a term that has no meaning in California law).

 

 

On 4/7/2017 at 9:43 PM, pcassini said:

Someone needs to be held accountable for this

 

I disagree.  A concussion is an inherent risk of going on roller coasters.  You knew (or should have known) this when you signed the permission slip to allow your son to go on this trip.  It's is printed in numerous places on the literature for the amusement park in question and on numerous signs around the park.

 

 

On 4/7/2017 at 9:43 PM, pcassini said:

if the school is "protected" how do you go around that?

 

You don't.  As noted, I'm sure you signed a waiver for this, and you're not going to "go around that" because your son suffered a concussion on a roller coaster.  Nor is the fact that the non-medically trained chaperone didn't recognize symptoms of a concussion a basis to "go around that."

 

 

On 4/7/2017 at 9:43 PM, pcassini said:

Who is liable for the injury that my son suffered?

 

No one.

 

 

On 4/7/2017 at 9:43 PM, pcassini said:

I don't know who in their right mind would ever allow a could to go numerous rides, after passing out.

 

Next time there's a trip, you can volunteer to be a chaperone so that this doesn't happen.

Share this post


Link to post
Share on other sites

It is not clear why you think the school or chaperone are responsible for your son hitting his head on a roller coaster. It isn't clear that he ever told the chaperone (or anyone else) that he passed out several times. "Nah, I don't feel like riding", doesn't do it. Unless the chaperone was sitting next to him on the ride, how would she know?

Share this post


Link to post
Share on other sites
On 4/7/2017 at 9:43 PM, pcassini said:
I filed my education tort claim to the district within my 6 month time frame, and had received my rejection letter in January. Someone needs to be held accountable for this and if the school is "protected" how do you go around that? Who is liable for the injury that my son suffered?
This should not have happened and I don't know who in their right mind would ever allow a could to go numerous rides, after passing out. Any guidance would be helpful I just do not know where else to turn to. 

 

While the other responses are likely correct I strongly suggest that where you turn to now is to a personal injury attorney and review your options. He/she would be in a position to advise you.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!


Register a new account

Sign in

Already have an account? Sign in here.


Sign In Now