If Your Child Was Injured on a Playground, Can You Sue for Damages?
Playgrounds can be a great place to take your children to have some fun, but there is always a risk of an injury occurring when you are playing on equipment that has been used by thousands of kids over the years. The CDC determined that at least 200,000 children under 14 years old are injured on playgrounds every single year. Of those injuries, 45% are severe-fractures and 75% are nonfatal. If your child was injured on a playground, you may be wondering if you have a right to sue for damages. It's important to understand why injuries occur, and who is ultimately responsible for them.
Why Do Injuries Occur?
Lack of Maintenance
Playground equipment may be decades old on some playgrounds. Metal can begin to rust, screws become loose, and wood will deteriorate. This is why it is so important that playground equipment is regularly maintained and inspected. Neglecting these two things could make an owner responsible for an injury.
Improper Design
There is an inherent risk of a child falling on a playground, which is why there must be some sort of protection in place in areas where safety is a concern. This can be something as simple as a padded surface or woodchips underneath swings and slides. It is the owner's responsibility to have safety measures in place.
Who's Liable?
The Playground Owner
It can be difficult to determine who owns a playground in some situations, and it will require some research on your part to determine who's liable for the injury. Public parks can be run by either the local city that the park is in or the encompassing county. If it is a national park then the federal government is the one responsible.
A school playground would be owned by the local school district unless it is a private school, then it may be owned by a non profit organization or a church. Restaurants that have playground areas are much easier to determine ownership, because it will either be owned by that specific franchise or the parent company.
The Playground Designer
It would be a rare occurrence for the person that owned a playground to be the one that designed it as well. Liability could fall on the company that designed the playground equipment, or even the company that installed equipment incorrectly. If an injury happened due to a defect in the equipment, which was completely out of the playground owner's control, your lawsuit may need to be directed towards the company that designed or constructed the equipment.
Personal injury lawsuits regarding playground injuries can be complicated. Work with a lawyer like Steven A. Crifase Ltd to determine if you have a viable case, and to help go after the responsible party.
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