Playground Safety – Negligence on The Summer Playground
Nothing can bring parents more pleasure than to watch their kids happily run around on a playground, hearing their shrieks of joy while on slides and swing sets? However, as welcoming and appealing as they are, outdoor play areas present a serious risk to children of all age groups.
There are various ways in which negligence can lead to playground injuries, and the culprits might be poor maintenance of equipment, sub-standard equipment, inappropriate surfaces, and lack of supervision. This type of negligence can happen at an outdoor play area or home or in a public area, such as a school playground, vacation resort, daycare center, or park.
If you suspect that product defect or carelessness has been a factor in your child sustaining injuries on a playground or someone’s home, you should promptly consult an experienced lawyer specializing in playground injury.
Playground Accidents and Injuries: Common Causes
Over the years, playground equipment has become fancier, trendier, and more expensive. Manufacturers use their creativity intending to develop a safe and stylish product, but playground equipment is still associated with many risks. Parents and caretakers need to be aware of some of the signs and risks, such as indications of an unregulated play area, a poorly maintained playground, or safety threats in general.
These risks include the following:
- Strangulation, which accounted for 56 percent fatalities according to a 2009 CDC study
- Falls, which resulted in 20 percent of deaths per a 2009 CDC study
- Collisions between children and another object, such as a ball or swing
- Becoming entrapped in overhead openings
- Hot surfaces and sharp edges on equipment
- Non-impact absorbing surface
- Obsolete and damaged equipment
- Inadequate inspection by agencies responsible for the area
- Insufficient signage to establish age-appropriateness (whether under-age or over-age)
- Inadequate supervision
The parties that can potentially be held liable for a playground injury may include:
If a child sustains injuries due to a dangerous condition on a playground, the owner may be held liable. This argument finds its basis in the legal tenet that landowners are responsible for maintaining their properties in a safe condition.
If your child is injured on a school playground, the school may be held liable for the failure to maintain safe conditions in the play area.
The playground manufacturer may be held accountable for an accident if the playground design or a production defect (such as a swing that breaks down while being used) causes an injury.
Lastly, if your child is injured while under the supervision of another parent or the child of another parent, that parent can be held responsible for the incident.
If any of the factors mentioned earlier have contributed to your child’s injuries or may pose a threat in the current playground where you take your child, you should speak to a qualified playground accident attorney before proceeding with any actions.
Premises Liability / Product Liability for Playground Accidents
If an injury occurs due to the property owner’s fault (the school or daycare center, in this case), the case could fall under a legal concept called “premises liability.” Landowners must exercise reasonable caution in the upkeep and safety of their property. The manufacturer, designer, or distributor may be held responsible if a playground injury occurs due to defective or substandard equipment. This would fall under the purview of a legal theory called “product liability.”
Can I Sue a Public School for My Child’s Injuries?
Are you aware that if your child sustains injuries at a public school, the school may not have to pay any compensation for your child’s injuries? In some situations, public schools are protected through government immunity. Contact the law offices of John. H. Ruby & Associates, if negligence by a public school has caused your child to be injured. Our knowledgeable lawyers will help determine if you can sue the school for your child’s injuries.
Can I Sue a Private School for My Child’s Injuries?
Unlike public schools, private schools do not have immunity. For example, if a child is severely injured on the playground or a field trip, the parents may sue the private school for recklessness and receive compensatory damages for the child’s injuries.
Legal Help by a Seasoned Personal Injury Attorney for Playground Injury Victims
Each year, thousands of children sustain injuries at school and on an outdoor play area. Unfortunately, many of these incidents could have been avoided if the property owners took the appropriate measures to ensure kids’ safe play area. If your child has been injured due to someone’s negligence, you may be entitled to collect compensation for damages, such as medical bills, emotional trauma, and pain and suffering.
If you suspect that your child has been injured due to the improper conditions on a playground, consult a seasoned playground injury attorney at John. H. Ruby & Associates for a free initial consultation. Call (502) 895-2626 to schedule a no-obligation consultation with a skilled personal injury lawyer.