When children are injured in playground accidents, the medical bills and family stress can mount quickly.
Personal injury claims are an effective means of providing compensation to both the child and the family who must care for him or her. A minor is typically not able to navigate the legal system alone, but parents can pursue claims on behalf of the child to recover damages for medical bills and pain and suffering.
Injuries from Playground Accidents
Playgrounds at city parks, schools and day care centers are supposed to be safe places where kids can have fun.
Yet every year, according to the Centers for Disease Control and Prevention (CDC), more than 200,000 children under the age of 14 head to the emergency room for treatment for playground-related injuries.
Most of these injuries — about 75 percent — happen at public playgrounds.
Though bruises and other minor injuries often occur at playgrounds, many playground accidents result in more severe harm. The CDC estimates that roughly 45 percent of these incidents involve fractures, concussions, dislocations, amputations and internal injuries.
Common Causes of Playground Accidents
While unsafe behavior by children can lead to injuries, many playground accidents are caused by faulty equipment.
Schools, parks and other play areas often have equipment that is years or even decades old. Without regular inspections and maintenance, the play structures can become dangerous. Metal bars and chains develop rust, hardware loosens or wood components begin to rot, for example.
But even new equipment isn’t always safe, as some playgrounds are not designed to properly address injury risks.
Personal injury claims for playground accidents are not always based on unsafe equipment, either. In many cases, a lack of adequate supervision is the cause of injury.
Though the law does not have any definitive rules regarding what is considered to be adequate, schools and day care centers are legally obligated to take reasonable steps to ensure children’s safety.
Liability for Playground Accident Personal Injury Claims
The owner of the playground may be named in an accident claim.
For injuries that occur at public parks, the local municipality is usually responsible for maintenance. With national parks, however, maintenance is generally in the hands of the federal government.
Playgrounds at public schools are typically owned by the school district. Play areas also may be owned by private schools, day care facilities, churches or companies.
Aside from the playground owner, others may be held legally responsible for injuries.
If the design or construction of the playground was a factor in causing an injury, the company responsible for providing or installing the equipment may be held liable. And, if negligent supervision contributed to or caused the accident, the adults who accepted responsibility for supervision may be sued for damages.
Has your child been injured while playing at a park, school or other facility? If so, contact the Montgomery Dowdle today. Serving clients in Boise and throughout Idaho, we have more than three decades of experience assisting victims in obtaining the compensation they’re entitled to.
Contact us today to discuss any injuries your child has suffered as the result of a playground accident or other mishap.