Some cities are banning sledding due to liability concerns – one of the most recent cases is Dubuque, Iowa, which outlawed it in all but two of 50 parks.

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A study by Columbus, Ohio-based Center for Injury Research and Policy at Nationwide Children's Hospital found that between 1997 and 2007, more than 20,000 children each year were treated at emergency rooms for sledding-related injuries.

In meetings leading up to the ban, Dubuque council members lamented the move but said it was the only responsible choice given liability concerns and demands from the city's insurance carrier. They pointed to judgments in sledding lawsuits in the past decade, such as a $2 million judgment against Omaha, Nebraska, after a 5-year-old girl was paralyzed when she hit a tree and a $2.75 million payment when a man in Sioux City, Iowa, slid into a sign and injured his spinal cord.

Some cities have opted for less drastic measures in the last several years rather than an all-out ban, including Des Moines, Iowa; Montville, New Jersey; Lincoln, Nebraska; and Columbia City, Indiana. By banning sledding on certain slopes or posting signs warning people to sled at their own risk, cities lessen their liability if someone is seriously hurt, but they're still more vulnerable to lawsuits than if they had adopted an outright ban.

“The ban’s not gonna change anything. People are still gonna sled,” personal injury attorney Mark Eiglarsh said tonight on “The Kelly File.”

“If we’re gonna ban everything that’s bad for our kids, let’s ban hot dogs, let’s ban mozzarella sticks, no more swimming in the ocean, the list could go on,” Megyn Kelly quipped.

Criminal defense attorney Mercedes Colwin said juries equate lawsuits against municipalities with deep pockets.

“It’s not individual vs. individual, it’s individual vs. a municipality […] they don’t realize it’s us [the taxpayers],” she said.

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