The Centers for Disease Control and Prevention (CDC) estimates that over 200,000 children are treated in emergency rooms for playground injuries every year. These injuries are not just minor scrapes and bruises, either. Nearly half of the reported injuries are bone fractures, internal injuries, concussions, and amputations. No parent wants to think of his or her child suffering this type of injury, but if it does happen, who is liable?
Liability cannot be established without first determining how and why the accident happened. Was the playground not properly maintained by the property owner? Did the equipment collapse because it was poorly designed? Once these questions are answered, a personal injury attorney will have a better idea of who is liable. Here are some of the possible parties that could be held liable:
If the accident was caused by defective playground equipment, the manufacturer of the equipment could be held liable for your child’s injuries. For example, the manufacturer could be liable if the playground’s monkey bars were not strong enough to withstand the weight of a small child.
Most playgrounds are assembled by contractors hired by the property owner. If the child is injured because the equipment was not constructed properly, the contractor that worked on the playground could be held liable.
A property owner may be held liable if the accident was caused by a safety hazard on the playground property. For instance, a property owner is responsible for repairing a broken piece of playground equipment that could harm a child. Broken equipment may be unstable or have exposed nails, which could seriously injure a child. The property owner has a legal obligation to identify and fix these safety hazards before they do any harm.
It’s important to note that the playground’s property owner will most likely be a school district or government entity. Filing a personal injury claim against one of these parties can be challenging, and there are many rules and procedures that must be closely followed. For this reason, it’s important to work with a personal injury attorney who has experience handling this type of case.
Has your child been injured in a playground accident? If so, get in touch with the personal injury attorneys at Reisch Law Firm today. We will handle the legal aspect of your case so you can focus solely on helping your child recover. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.