theview
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Don’t Fail Your Child Before School
Starts
Vision is important for your child’s learning, behavior
Special to THE VIEW 38002
“Almost 80% of what a
child learns in school is
presented visually. It stands to
reason then, that good vision
is essential to learning. Yet
studies show only 31% of
children between the ages of 6
and 16 have an annual eye
exam,” according to Dr. Artee
Nanji, O.D., of Primary Eye
Care
in
Arlington.
“Approximately 70% of
children younger than six
years, the age at which most
vision problems can be treated
before permanent damage
occurs, have never had an eye
exam”
“Some 20 million children
will go back to school this
year with a vision problem
that may interfere with their
ability to learn while also
contributing to disciplinary
problems,” Nanji added.
But what about vision
screenings performed by a
school nurse or a pediatrician?
Won’t they detect vision
problems? “Only partially”,
according to Nanji.
“According to a study by
the National Institutes of
Health, vision screening
methods detected only 40 65% of children with vision
problems,” Nanji said. “Every
child
should
have
a
comprehensive eye health
examination. Even if a child
has passed a vision screening,
a comprehensive exam can
reveal problems that would go
undetected in a screening. If a
vision problem is detected,
your family eye doctor can
begin treatment immediately.”
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June/July 2016
ATV Riding On Your Property—Who’s Liable?
By David B. Peel, Special to THE VIEW 38002
A
Tennessee
Court of Appeals
case sheds light on
the new law when
someone is hurt
riding ATVs on
your property. Mr.
McCaig sustained
multiple
injuries
while operating an all-terrain
vehicle (ATV) on Mr.
Whitmore‘s property. Mr.
Whitmore‘s property consists
of approximately seven acres
of land and a residence. With
the exception of the
residence. Mr. McCaig and
his family were attending a
social gathering at Mr.
Whitmore‘s home when he
was riding Mr. Whitmore‘s
ATV, Mr. McCaig flipped
the vehicle, which landed on
top of him. Mr. McCaig
sustained significant injuries,
including nerve damage to
his spine, legs, feet, and
hands that prevent him from
walking unassisted.
In his lawsuit against Mr.
Whitmore, the McCaigs
allege that Mr. Whitmore is
liable to them for negligence
as a result of failing to
properly instruct Mr.
McCaig on how to
operate the ATV and
by failing to warn
Mr. McCaig of
dangerous
and
concealed
conditions.
Mr.
Whitmore’s
homeowner’s
insurance
attorneys filed his answer, in
which he denied any liability
for Mr. McCaig‘s injuries
and claimed that the recent
Recreational Use Statute,
TCA 70-7-104, bars any
recovery by the McCaigs
against Mr. Whitmore. Mr.
Whitmore filed a motion for
summary judgment alleging
that he owed no duty to Mr.
McCaig and the trial court
agreed to throw out the case.
To bring a successful suit
based on a claim of
negligence, the plaintiff must
establish:
(1) a duty of care owed by
the defendant to the
plaintiff;
(2) conduct falling below
the applicable standard
of care amounting to a
breach of that duty;
(3) an injury or loss;
(4) causation in fact; and
(5) proximate, or legal
cause.
The
new
Tennessee
Recreational Use Statute
codified at Tenn. Code Ann.
§70-7-101 states that (a) The
landowner, lessee, occupant,
or any person in control of
land or premises owes no
duty of care to keep such
land or premises safe for
entry or use by others for
such recreational activities
as . . . off-road vehicle riding,
. . . and nor shall such
landowner be required to
give any warn