Playground Injuries: Legal Overview of Child Personal Injuries

Playground accidents can be severe. Many states have laws setting minimum standards for playgrounds. An attorney can give you legal advice about your specific situation. You should contact a personal injury attorney in your area if you need help with a playground injury.

What Are Common Types of Playground Injuries?

Emergency rooms treat many kids for playground-related injuries every year. According to the Centers for Disease Control and Prevention (CDC), statistics show that the number is 200,000 kids 14 and under. About 30% of the injuries are severe injuries. The following are some of the most common:

• Head injuries
• Concussions
• Brain injuries
• Internal injuries
• Broken bones
• Dislocations
• Amputations

Many factors can cause a playground injury. Poor maintenance or design of playground equipment is a common cause. Things like sharp edges on a metal slide or a swing with a damaged chain can cause preventable injuries.

Lack of supervision is also a common cause. Young children often don’t know their limits. So, they’re likely to take more risks. Supervising children while they’re playing is essential. Not doing so could lead to a negligent supervision claim.

Who Is Liable for Playground Injuries?

Several parties could be liable for your child’s injury. Figuring out who’s liable depends on several factors.

The first is who owns the playground. Property owners owe you and your child a duty of care. Violating that duty could make them liable under premises liability. The school could be responsible if your child was injured on a school playground. For a public school playground, it would likely be the school district. If it’s a playground at a private school, it would be the school’s owner. The municipality could be liable if it’s a public playground at a park.

The second is the company that built the playground. Many states have laws setting minimum standards for playground safety. If the builder didn’t meet those standards, they could be liable for your child’s injury.

What Are the Legal Options for Parents of Children With a Playground Injury?

You have a couple of options if your child gets injured in a playground accident. The first is to file a claim with your insurance company. Your insurance policy limits how much you get from the insurance company.

Another option is to bring a personal injury claim in court. You can sue the playground owner under premises liability. You can also sue the playground equipment manufacturer under product liability. Who you sue depends on the specific circumstances of your child’s injury.

The advantage of a lawsuit is that you can recover more in damages than you can get from your insurance company. The downside is that a lawsuit takes longer and is more expensive. Be aware that most states have a statute of limitations for filing a personal injury claim. For example, in Colorado, you have two years from when you got injured to file a lawsuit.

What Damages Can Parents of an Injured Children Recover?

The damages you can win in a personal injury lawsuit vary by state. Your particular circumstances also factor into determining what you can win. Generally, you can win compensation for the following:

• Medical bills for past and future medical treatment
• Bills for rehabilitation and physical therapy
• Costs associated with remodeling your home to accommodate your child’s disabilities
• Costs of in-home care and transportation for your child
• Mental anguish
• Pain and suffering
• Punitive damages

What Are Some Tips for Choosing a Safe Playground?

Prevention is better than dealing with a child’s injury. Following are some tips for making your child’s day of fun on the playground safe:

• Check the playground for hazards.
• Choose a playground with separate areas for children of different ages.
• Dress your child for the playground. Baggy clothes, drawstrings, and other dangling pieces of clothing can be dangerous.
• Teach your children not to push or shove on the playground.
• Watch your children while they play.

State personal injury laws vary. But you shouldn’t let complex laws stand in the way of your child’s safety. A personal injury lawyer in your area can give you advice and help you with your claim.