Playground Injury – Is It Grounds For A Lawsuit?

The fair weather months are approaching. With the nice temperatures come children playing on playgrounds. Unfortunately, what starts as a fun day out can sometimes end in an emergency room due to accidents that happen during play. If your child has been injured on a playground, do you know what to do?

Could a lawsuit be filed?

If the injuries sustained were caused by poor maintenance of the playground, then it is possible that you have grounds to file a lawsuit. In order to file a lawsuit, you will have to prove that the injury was caused by the neglect of the person or company that owns the playground. If the equipment or surfacing materials are in poor condition, you may have what you need to hold that party responsible.

What do you need to know when you file a personal injury lawsuit for these injuries?

You will need several bits of information to file the lawsuit.

  • Who actually owns the playground? The playground may not actually be owned by the property owner. You must find out who is legally responsible for the playground itself, not the property.
  • Who is the responsible party for maintaining the playground? Some companies hire outside companies to maintain playgrounds. The maintenance company may be separate from the ownership company. The maintenance company will likely be the party held liable for the injuries sustained since it was their job to keep up with proper maintenance.
  • Were you trespassing on the playground? If the playground is on private property, you may not have legal standing to sue for the injuries.

Is it possible to hold a care provider responsible for the injuries?

If you weren't around when your child was hurt, the adult supervising your child could possibly be held legally responsible for negligence. There will be a few things to prove to win a negligence case against a nanny, babysitter, teacher or other adult supervising your child.

  • Did the adult accept full responsibility for your child?
  • Did the adult fail to monitor what your child was doing?
  • Did the negligence of the adult lead to the injuries?

It's never easy seeing your child suffer. When someone's neglect has caused the pain that your child is experiencing, you want them to be held responsible for their failure to provide your child with the care and safe environments that they deserve. Your best option is to start by talking with a personal injury lawyer or firm such as Hoffman, Hamer & Associates, PLLC to learn if you have a case and to find the starting point for your case.


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