Playground Injuries—Could You Sue?

Law Blog

Parents try their best to keep their kids safe while providing them experiences that bring them joy and laughter. Playgrounds are one place where parents and kids can share good times and where kids can interact with other kids their own ages. Unfortunately, not every trip to the playground ends well. If your child was hurt while playing on a playground, what do you do?

Is a lawsuit possible?

Was your son or daughter injured on the playground because of poor maintenance due to the neglect of the owner? If so, you probably have cause for a lawsuit, and you could very well claim financial rewards to pay for the cost of medical treatment and the pain and suffering that your family has gone through.

What do you need to know when filing a lawsuit?

When filing a lawsuit for such an instance, there are several things that you will need to know.

• The name of the playground's owner.
• Who is responsible for the playground—the owner may not be the one legally obligated to keep the area in good repair.
• The maintenance company of the playground—if the owner isn't responsible for maintaining the playground, a company or individual has likely been hired to do so.
• If the playground is open to the public—some small playgrounds are privately owned and aren't for public use. If the playground that your child was playing on when the injury was sustained isn't open to the public, it is possible that you could face trespassing charges instead of suing for injuries. If you were trespassing, the injury lawsuit will be tossed out.

Can you hold a supervisory adult legally responsible for the injuries?

If a nanny, babysitter, or teacher took your child to the playground, you may be considering holding that person responsible for the injury. To win a suit against a supervisory adult you need to prove the following:

• The adult was responsible for the care of your child at the time of the injury.
• The adult was negligent in monitoring your child's activities.
• It was that neglect that caused the injuries.

Your best first step is to talk with a personal injury lawyer. He or she will be able to assess the situation and provide you with reliable information and guidance about how you should proceed. Don't wait too long, as waiting could result in the inability to move forward due to a statute of limitations on the case.

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28 September 2015