The Verdict - The Lombardi Law Firm Blog
Here at the Lombardi Law Firm we add blog content that is personal to those involved in accidents. We write this way so you have an understanding of how we think and handle cases - your case. We invite you to call us if you think we can help you resolve your legal problems. We settle most of our cases, because we do the basic legal work necessary to understand the facts of your case. We offer on our website, relevant and concise information that you will be helpful to you as you get ready to settle or to try your case.
We can and will do the same for you. That's my promise. So call us today!
Steve Lombardi, 515-222-1110 or sdlombardi@aol.com
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"Justice delayed is justice denied"
Suffering a serious injury in a park, on city property or a place the State of Iowa controls, is reason enough to act quickly. The law hates delay.Apartment balcony falls cause catastrophic injuries
Apt balcony falls: In the end we must start out at the beginning and put in the work to understand the how, what, when and why of your case.What or how much should I ask for as compensation for injury?
What is my personal injury case worth? I get asked this question a lot and it's never going to be answered on the Internet. If a lawyer does run!Cheerleading Safety News
Suite 101 has an interesting online story about Penn and Teller’s Showtime airing on June 10, 2010 of the behind the scenes expose of this multimillion dollar cheerleading industry and catastrophic injury. The show includes a young lady who performed a stunt without a spotter and was catastrophically injured. She is Laura Jackson.Cheerleading Coaches Need to Focus on Safety and Reject the Old Ways
Is Cheerleading too dangerous? Does it need to be changed? Or does the coaching system simply need to be tweaked to provide a more safety minded mindset?
A Wall Street Journal article on September 17, 2009 addressed the increasingly popular sport of cheerleading and the dangers it presents to girls across America. More news coverage of the injuries incurred by cheerleaders is causing debate on whether certain aspects of the sport should be banned or at least changed. With cheerleading being the cause of “65% of all female catastrophic injuries in high school and college…according to the University of North Carolina's National Center for Catastrophic Sport Injury Research.” There is no wonder why people are upset that this high risk sport does not have the same quality of medical assistance present at all times, as with other sports such as football. To help decrease the risk factor different levels of cheerleading are taking preventive measures such as, “College teams are no longer allowed to perform three-person-high pyramids and do double flips from them. High school teams can't perform flipping basket tosses and last year, twisting dismounts were banned on basketball courts.” Some states (like Wisconsin) view cheerleading as a high risk sport and called it a “contact sport” which the Wisconsin's Supreme Court’s decision “prevents injured cheerleaders from suing their schools or teammates.”
If cheerleading is such a high risk sport as to be considered a contact sport, should not the association which regulates it, make changes to protect the participants or change the way the sport is performed all together. To truly estimate the risk of cheerleading first the sport must attempt to account for all participants across the country. The Wall Street Journal says that “estimates say there are about 400,000 public high school cheerleaders, but the NCAA doesn't track participation (it's not considered a sport) and the number of cheerleaders on private teams isn't known.” The number of cheerleaders all together is hard to pinpoint, but “if you go by the consensus estimate -- that there are about 4 million cheerleaders across the country -- the activity looks about as risky as women's soccer.”
What was the original purpose of cheerleading: to get the crowd’s energy up and to support and “cheer” on the team. There is no doubt that the ways of cheerleading have shifted with regular stunts in routines consisting of split jumps called the “Herkie”, flipping basket tosses, and twisting dismounts. If the stunts of cheerleading of today remain, maybe the activity should be reconsidered an organized sport, instead of just a “girly athletic activity.”
There have been motions set in place to attempt in helping injured cheerleaders. Kimberly Archie founded the National Cheer Safety Foundation in 2008, created this program as a parent of a cheerleader who broke her arm during a practice. She hopes this program will help parents be more aware of the injuries and ultimately help reduce the risks that cheerleaders face constantly. Archie’s organization has been in the forefront of cheerleader safety issues and advocating for positive changes. She’s a positive force that has successfully resisted the headwinds pushing against change.
Should this highly dangerous but popular activity be changed all together, have tighter regulations, or continue to victimize America’s young girls of today. As a parent it’s your choice to accept the status quo or push for changes that may protect your child from a life of misery. All coaches need to get on the safety band wagon for the sake of the cheerleaders. It’s a terrific sport.
Video Library | Lombardi Law Firm
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Cheer Safety News Compendium from Across the Country
Mankato, Minnesota – August 1, 2009 – Minnesota Vikings’ Cheerleaders held a cheer training camp for about 250 young girls at Minnesota State University’s Blakeslee Stadium. One of the professional cheerleaders, Jenna is a college student who works the sidelines cheering with two lawyers, an engineer, a scientist and several other college students for the Viking home games.
Youth Football Coaching Blog – August 2, 2009 – The question is asked about what rules for stunting apply to a 6th to 8th grade cheer squad. The coach did a search and didn’t come upu with any rules. The writer indicates following NFHS rules but imposes further restrictions based on age and ability level. Enforcing safety cheer stunt rules is difficult because not every team belongs to a similar cheer organization. A commenter points to the National Cheerleading Association for guidance.
Irvine, California – July 29, 2009 - The National Cheer Safety Foundation (NCSF) panel of experts teams up with the National Council for Spirit Safety and Education (NCSSE) to establish college-level safety courses for cheer coaches around the world. The new alliance brings together two powerhouses in cheer safety setting the stage to revolutionize cheerleading, signaling a dawning of a new era coined “safety first.”
Wisconsin Cheerleaders are at Risk, Parents Protect your Child's Future
Today we’re going to talk more about cheerleading safety standards and parental involvement with the cheer squad. With the draconian legislative tort-reform measures put into place, it’s important for every parent to understand the safety standards their cheer coach should follow, when they aren’t and what risks their child is being exposed to. In addition college cheerleaders need the same information to make a choice as to what cheer stunts they should or shouldn’t be performing.
Cupie/Awesome - A stunt in which both feet of the top person are in one hand of a base.
I’ve listed on both the InjuryBoard site today and on the Lombardi Law Firm site the links to the applicable safety standards for high school and college cheerleading squads. These are standards they are supposed to follow. Each level of cheer competition should also be asking the questions about whether their coach has been through the safety course and what team member has also attended a safety course. That’s the standard rule and it’s in place for the protection of cheerleaders against catastrophic injury or death.
2009 – 2010 AACCA High School Safety Rules – at Lombardi Law Firm
2009 – 2010 AACCA College Safety Rules – at Lombardi Law Firm
2009 – 2010 AACCA High School Safety Rules – at the AACCA
2009- - 2010 AACCA College Safety Rules – at the AACCA
Link to Lombardi Law Firm’s links for high school and for college safety rules for 2009 – 2010.
A parent on each team should print out these rules (They are available as a pdf document, just follow the above links.) and hand them out to other parents and cheerleader squad members. Parents should ban together to make sure these rules are adhered to; because if you child is catastrophically injured, and this is especially true in Wisconsin, you’re on your own as far as catastrophic medical insurance along with liability issues.
What I find interesting is the language parents need to learn. Fathers and mothers will be learning what is meant by a base, a cradle, a cupie/awesome, a dive roll, and a flatback, a flip, loading position, middle, pyramids, rewinds, spotter, stunt, top and a toss. The rules are preceded by a definition section, then general program guidelines, then general restrictions, partner stunts and then guidelines for pyramids, tosses tumbling and specifics for indoor hard surface restrictions.
InjuryBoard Coverage of Cheer Safety
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Protect yourself and your child, know your rights and how to stay alive and well. Enjoy your weekend.
How dangerous is cheerleading?
Parents need to know what their child is doing with cheering stunts. Be aware, be knowledgeable and take control.
United States Sports Academy – July 24, 2009 – Kimberly Archie, Executive Director of the National Cheer Safety Foundation (NCSF) visited the USSA campus and presented Dr. Thomas P. Rosandich a plaque. Kim paid the good doctor a visit to discuss the necessity for developing cheerleading safety programs to make cheer safety a number one priority in what is still the most dangerous sport. The U.S.S.A. offers bachelor, masters and doctorate degrees in sports science and management.
Just How Dangerous Is Cheerleading? - July 24, 2009 – This is a short article not providing much analysis but the author did create a checklist for ways to make cheerleading safer for your child. The article makes mention of “fliers”, cheerleaders who because of being tossed in the air require smaller-lighter cheerleaders, normally girls, who suffer the greatest degree of injury. The safety preparation list included
- Ask whether the coach is certified by the US All Star Federation for Cheer & Dance Teams or the American Association of Cheerleading Coaches and Administrators (AACCA); find out of that certification is current. If your child’s school does not require certification, insist that they change their policy.
- Ask what governing board established the safety rules your child’s school uses. Look for rules developed by the AACCA or the All Star Federation.
- Ask if emergency medical response plans are in place. Make sure that the policy is to call 911 first in the event of an injury and call the parent second.
- Find out where practices take place. The space should be adequate in size, supplied with proper mats and equipment, and free from distractions.
- Ask your child if she ever feels pressured to attempt maneuvers she does not feel are safe, and whether mastery of one part of a maneuver is achieved before the next step is practiced.
- Find out what kind of warm-ups and strength training are included in the program.
The Dangers A Cheerleader's Parents Need to Watch For
Dear Parents: As parents you are the front line defense to making sure your child is safe. If your child is a cheerleader follow these guidelines. Cheerleading is the number one cause of catastrophic injury in young females. No one is helping you anymore. After your child gets injured the school district will turn their back on you. Your insurance company will try to get out of paying for extended rehabilitation services. And the politicians will vote for more tort deform. You are your chid's only hope.
Here watch this video.
Just How Dangerous Is Cheerleading? - July 24, 2009 – This is a short article not providing much analysis but the author did create a checklist for ways to make cheerleading safer for your child. The article makes mention of “fliers”, cheerleaders who because of being tossed in the air require smaller-lighter cheerleaders, normally girls, who suffer the greatest degree of injury. The safety preparation list included
- Ask whether the coach is certified by the US All Star Federation for Cheer & Dance Teams or the American Association of Cheerleading Coaches and Administrators (AACCA); find out of that certification is current. If your child’s school does not require certification, insist that they change their policy.
- Ask what governing board established the safety rules your child’s school uses. Look for rules developed by the AACCA or the All Star Federation.
- Ask if emergency medical response plans are in place. Make sure that the policy is to call 911 first in the event of an injury and call the parent second.
- Find out where practices take place. The space should be adequate in size, supplied with proper mats and equipment, and free from distractions.
- Ask your child if she ever feels pressured to attempt maneuvers she does not feel are safe, and whether mastery of one part of a maneuver is achieved before the next step is practiced.
- Find out what kind of warm-ups and strength training are included in the program.
As parents you are the front line to making sure your child is safe. If your child is a cheerleader follow these guidelines. No one is helping you anymore. After your child gets injured the school district will turn their back on you. Your insurance company will try to get out of paying for extended rehabilitation services. And the politicians will vote for more tort deform. You are your chid's only hope.
Also on our site we provide the guidelines for college and highschool cheer safety. Visit our cheer safety section on the Lombardi Law Firm. - 2009-2010 AACCA High School Safety Rules
Description: Here you'll find the AACCA High School Safety Rules for the 2009 - 2010 school year. Join us for Safety First and save a cheerleader's life. - 2009-2010 AACCA College Safety Rules
Description: The AACCA is the American Association of Cheerleading Coaches and Administrators – more than 20,000 cheer coaches. The 2009 - 2010 Cheerleading Safety Rules for Collegs is provided here. - NCSF & NCSSE Partner for a New Era in Cheer Safety
Description: The National Cheer
Safety Foundation (NCSF) panel of experts teams up with the National Council for Spirit Safety and Education (NCSSE) to establish college-level safety courses for cheer coaches around the world. The new alliance brings together two powerhouses in cheer safety setting the stage to revolutionize cheerleading, signaling a dawning of a new era coined “safety first.” - NCSF & NCSSE Partner for a New Era in Cheer Safety [PDF]
Description: The National Cheer Safety Foundation (NCSF) panel of experts teams up with the National Council for Spirit Safety and Education (NCSSE) to establish college-level safety courses for cheer coaches around the world. The new alliance brings together two powerhouses in cheer safety setting the stage to revolutionize cheerleading, signaling a dawning of a new era coined “safety first.”
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Cheerleading Safety and the Law of Cheerleading
Is cheerleading a contact sport?
Cheerleading Safety and the Law of Cheerleading
Cheerleading Safety is an article written by Valerie Ninemire for About.com concerning what coaches and cheerleaders should do to prevent being injured while cheering. Here is what Valerie lists as the reasons cheerleaders get injured and then how to prevent such injuries.
Why Cheerleading Injuries Occur
· Lack of conditioning and not being physically prepared
· Untrained coaches, instructors or advisors
· Poor decision making by instructors or participants
· Risk taking attitudes
· Inadequate supervision
· Inadequate equipment (example: improper shoes)
· Non-cushioned surfaces
· Poor nutrition
· Attempting difficult stunts before being ready
What You Can do to Prevent Injuries
· Adhere to all rules and regulations
· Practice on mats or pads
· Wear well fitting shoes with proper cushion and support
· Have an emergency plan in place and practice it
· Require proper spotting
· Gradually progress to difficult stunts and skills
· Become educated and certified in safety, first aid and CPR
· Require and use the proper techniques
· Learn how to identify eating disorders
· Treat all injuries as soon as they happen
· Increase flexibility
· Strengthen lower back, abdomen and shoulders
· Gradually increase intensity of practice
She lists suggested readings and a list of interesting articles. The book Developing A Successful Cheerleading Program, by Pan Headridge and Nancy Garr looks like interesting reading and is available at Amazon.com as well as Barnes & Noble.com. The book costs $12.54 and if it saves a life or prevents an injury that results in a life of misery, then it is well worth the price. Coaches Choice if the publisher and it’s in paperback. The ISBN is 9781585188994. Headridge also wrote 101 School Spirit Ideas. Cheerleading, by Inside Cheerleading Magazine is another resource for cheerleading programs to design their program around safety.
Coaching Cheerleading Successfully, Linda Rae Chappell is described as the definitive how-to book is sure to meet the needs of the growing number of cheer coaches, sponsors, and parents. Covering both support and competitive cheering, it explains cheer techniques and tactics, as well as how to plan and develop cheerleading programs. Through text and illustrations, you'll learn basic cheerleading skills - hand positions, arm and leg motions, and jumps; how to combine skills to develop the precision and timing required of a top squad; mounts and pyramids, from beginning to advanced; how to develop a coaching foundation and plans for the season; important safety guidelines from the National Federation of State High School Associations; and much, much more.
With states allowing the costs of mistakes to be shouldered by the cheerleaders and their parents it’s more important than ever that they have the right insurance and personal safety plan. Cheerleaders need to make decisions about those stunts they will and will not do. This reminds me of a summer during law school when I worked construction building grain storage facilities. My boss was a great guy I totally enjoyed the hard work. His name was Tell Coffey and he was tough but always fair. For months I worked the ground as a carpenter framing walls and ceiling panels. After all panels were poured the idea was to lift each panel off the ground and set it into place using a crane. Each panel weighed probably more than 1,000 pounds. The day they were to set panels he motioned me to stand on a panel that had been hooked up to the crane. As we rode up to the top of a couple of walls that had been set he motioned for me to get off and to stand on a 6” wide wall panel. I looked at him, and with a smile said, Tel, I’ve not worked this hard in my life to get killed or brain damaged. I wasn’t willing to risk my brain or life for a few dollars. I’d worked too hard to get into and through a year of law school and wasn’t willing to risk losing it all. You have to do the same with your personal cheer plan. Decide what you are willing to risk and just say no.
On this page I’m going to develop information devoted to keeping you safe and informed about developments in Cheerleading. It will cover high school and college or university cheerleading programs. If you find an interesting article send me the name, author and/or link. I’ll add as many as I can and link to those organizations that promote cheerleading and cheer safety. Let’s work together to keep you safe, happy and moving onto the next stage of your young lives.
Library for Cheerleading Safety and the Law of Cheerleading:
NCSF and NCSSE Team Up for Cheer Safety
Irvine, California – July 29, 2009 - The National Cheer Safety Foundation (NCSF) panel of experts teams up with the National Council for Spirit Safety and Education (NCSSE) to establish college-level safety courses for cheer coaches around the world. The new alliance brings together two powerhouses in cheer safety setting the stage to revolutionize cheerleading, signaling a dawning of a new era coined “safety first.”
Kimberly Archie, director of the NCSF is a tireless advocate for safety and works tirelessly to make the sport safer for those participating. Frederick O. Mueller, Ph.D. probably says it best when he points out the efforts of the NCSF are to apply science to cheering, making it a safer sport. By applied standards they should be able to reduce the number of injuries, disability and deaths from cheer injuries. We can deny it all we want, but like sticking our head in the sand injuries and deaths won’t just go away, without those in charge taking charge.
I for one can attest to Kimberly Archie's dedication. She regularly provides information and press releases for cheer safety.
For more information visit www.nationalcheersafety.com or contact us at 800-596-7860. To report cheer injuries go to www.cheerinjuryreport.com.
Parents need to know what their child is doing with cheering stunts. Be aware, be knowledgeable and take control.
