playground accidents: should you file a playground injury lawsuit?

If your child sustained an injury in a playground accident, you might have a claim.

Serious playground accidents are more common than we’d like to think. They can come about because of defective equipment, dangerous premises, or negligent supervision from teachers and staff. Far from just minor injuries, playground accidents can be severe, injuring children significantly.

In this guide, we’ll discuss the various theories of liability for playground accidents. If you think you might have a claim, contact an experienced personal injury attorney as soon as you can.

Types of Playground Accident Claims

There are three main types of playground accident claims.

Product Liability

Defective equipment on playgrounds can lead to playground accidents based on product liability. Children can sustain injury when climbing on equipment. Injuries can be anything from minor cuts and scrapes to significant injuries or even crushed limbs. Children may get stuck in certain spaces or fall on parts of the equipment that are too hard.

If your child sustained an injury due to defective equipment, you may have a claim against the manufacturer. Product manufacturers are responsible for making sure their products are safe. This includes a responsibility to put adequate warning labels on dangerous products or equipment.

In a product liability suit, the plaintiff has to prove that the product was defective. The plaintiff must then show that due to that defect, their child sustained an injury.

Premises Liability

Playground accident claims can also exist under theories of premises liability. Premises liability means that the owner of a particular premises acted negligently. In these cases, that would be the owner of the playground. Because they acted negligently, a child was injured.

In a premises liability case, the individual who was supervising the children can be liable. The school district may also be liable.

Here, the plaintiff would show that the defendant, who was in charge of the property, could expect children on it. If the defendant didn’t exercise a reasonable amount of care, and because of that, a child was injured in a reasonably foreseeable way, the defendant could be liable.

Negligent Supervision

Playground accident claims may also come about under theories of negligent supervision. 

The individuals in charge of children at schools, such as teachers and staff, have a duty of care to protect children from foreseeable danger. This is because, during the school day, the individuals watching your child are acting “in loco parentis,” which means “in place of the parents.” 

In this case, you, as a plaintiff, would need to show that the defendant agreed to look after your child, but did not take reasonable steps to make sure your child was safe. If your child sustained an injury because the defendant was not paying attention, they might be liable.

What to Do if Your Child has a Playground Accident

If your child sustained an injury on a school playground, it’s not a good idea to handle the situation on your own. If the school is a public school, you may be limited in your ability to bring a claim against them due to governmental immunity. However, there is no such protection for private schools or private daycares.

Additionally, the school may try to deny their responsibility. But your family deserves compensation for the damages you and your child sustained.

If your child sustained an injury on a school playground, call an experienced playground accident attorney.

Do You Need to File a Playground Injury Lawsuit?

If you have not received adequate compensation for your child’s injuries through a settlement offer, you may need to explore filing a playground injury lawsuit.

An attorney experienced in this area can examine your particular circumstances and help you figure out how best to proceed.

Call an Experienced Attorney for Your Child’s Playground Accident Claim

If your child sustained an injury on the school playground, don’t delay in contacting an attorney. At Kapuza Lighty, we’ve handled many personal injury claims over the years. We will do everything we can to get you and your family the compensation you deserve. Contact us today.

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