Playground mishaps, though common, can be devastating for both the child and their families. Fortunately, many jurisdictions have laws outlining acceptable safety standards for playgrounds. If you’ve had a child injured on a playground, a personal injury lawyer can advise you on the minimum safety standards in your area and whether the playground equipment met those standards. This can be crucial information when considering legal action.
Identifying Typical Playground Injuries
Healthcare facilities and emergency rooms treat numerous children for playground injuries annually. Data from the Centers for Disease Control and Prevention (CDC) shows that an average of 200,000 children under 14 sustain playground-related injuries annually. About 60,000 of these injuries are severe and devastating.
The most typical playground injuries include broken bones, amputations, head injuries, brain injuries, dislocations, internal injuries, and concussions. Several factors can trigger playground injuries. Examples include poorly designed or maintained playground equipment, a swing with a spoilt chain, and sharp edges on a metal slide.
Furthermore, lack of supervision also causes playground mishaps. Children always need supervision because they do not know their boundaries. They will likely take injury-causing risks without monitoring. A victim can sue the supervisor for negligent supervision if their child gets injured under these circumstances.
Identifying Liable Parties for Playground Harm
Multiple parties can be liable for your kid’s harm on the playground. You must consider several factors to identify the liable parties.
First, who is the owner of the facility? Property owners owe every legitimate user a duty of care. They could become liable under premises liability law when they breach that duty. You will hold the school accountable if your kid sustains injuries on a school playground.
The school district will likely be liable if the playground is a public school. However, the school owner will be liable if it is a private institution. The municipality will be liable for your child’s injury if it happens at a park.
You can also hold the firm that constructed the facility accountable for your child’s harm. Most states have laws defining the least acceptable standards for playground safety. The firm could be liable if it fails to meet the specified standards.
Knowing Your Legal Options After Your Child Sustains a Playground Injury
You can do a few things if your child sustains injuries on the playground. First, you can institute a claim with your insurer. Your insurance policy determines the maximum amount you can get from the insurance firm.
You can also institute a personal injury claim in court. The victim can sue the facility owner under the premises liability law. If you believe the equipment manufacturer is responsible, you can sue them under the product liability law.
Depending on the incident’s circumstances, your personal injury attorney will analyze the situation and identify the appropriate party to sue. You can sue both of them if your attorney determines both parties are at fault.
“Lawsuits can potentially lead to higher damage awards compared to insurance settlements or negotiations. However, they are also typically more expensive and take longer to resolve,” says personal injury attorney Walter Clark of Walter Clark Legal Group.
It is also crucial to add that almost every state has a statute of limitations specifying the timeframe for filing a personal injury claim. It is between two and four years in most states.
The Damages You Can Recover in Your Child’s Playground Injury Claim
The losses you can recover in a playground injury claim differ across states. Also, the peculiarities of your case will influence what you get. However, you can receive compensation for medical costs for past and anticipated treatment, mental anguish, rehabilitation, physical therapy bills, pain and suffering, the cost of remodeling your home to pave the way for your child’s disabilities, and costs of in-home care and transportation.
The court also awards punitive damages. The essence of this award is to punish the defendant to serve as a deterrent to others. The court often awards it when the child’s injuries are devastating, and the plaintiff proves the defendant’s gross or intentional negligence.
Tips for Selecting Safe Playground
It is safer to act proactively than to demand compensation after your child’s injury. Even if you receive adequate compensation for your child’s injuries, what of their pain and agony? Thus, it is always advisable to prioritize your child’s safety.
Below are tips to make your kid’s fun on the playground safe:
- Inspect the facility for hazards
- Select a facility with distinct areas for kids of different age groups
- Choose proper clothing for the occasion. Avoid baggy clothes and drawstrings
- Instruct your children to behave responsibly on the playground
- Monitor your kids while they play to prevent any unusual happening
Final Words
Despite all these safety measures, contact a local personal injury attorney immediately if your child sustains an injury on the playground. Inform the attorney of the incident’s circumstances to know who to hold accountable.
Your lawyer will analyze the case and identify the parties liable for the injuries. It will help you focus on caring for the child while the lawyer works round the clock for maximum compensation.
