Playing is a healthy part of growing up for kids. But it is also a leading cause of injuries that can range from minor injuries. Most parents do not consider accidental playground-related injuries to qualify for compensation, but they can if negligence is a factor in the accident.
If your child has suffered an injury under circumstances that indicate negligence, consider talking to a personal injury lawyer to look into your options for recovering compensation.
This guide provides a legal overview of playground personal injuries involving kids. It can help you determine if you can pursue a claim, but it can’t be an alternative to getting legal advice from a lawyer.
Common Hazards on Playgrounds
According to the (Centers for Disease Control and Prevention) CDC, over 200,000 kids are treated for playground-related injuries each year, with a third of these injuries falling under the category of severe injuries.
Injuries resulting from risks that are inherent to play may not have anyone liable. For example, if a child runs around, loses their balance, falls, and sustains a fracture, no one will be liable for the accident. However, if the cause of the fall was a burrow on the ground, liability can fall on the party responsible for the safety of the playground.
Accidents can result from a wide range of hazards in the playground, the most common of which include poorly maintained equipment, debris on the playground, slippery surfaces, lack of supervision, and issues related to choosing playground equipment that doesn’t meet safety standards
Who Is Liable?
Playground accidents are negligence-based, so before anything else, you must prove that the party you intend to sue owed your child a duty of care established upon admission to the playground. You must also prove that they failed in that duty, resulting in an accident in which your child suffered an injury.
If the accident occurs in a public playground, the state or the governmental entity responsible for it will be liable. For example, if it’s a public school, the school district will have liability. If it’s a private school, the private entity that owns it will be liable. There are different approaches to pursuing a claim against a private and a private entity, so you will need a lawyer to guide you through the proper procedure for your situation.
The contractor or the entity responsible for constructing, maintaining, and installing equipment can also be liable for an accident. You do not have to prove negligence for accidents resulting from faulty or defective equipment. You only need to show that the product defect or fault was responsible for the accident.
Recoverable Damages
While the recoverable compensation can vary with every successful case, recoverable damages are similar for most cases. The first category of damages is economic damages, which encompass financial expenses linked directly to your accident and injuries, such as medical expenses, the cost of prescription medication and living aids, home modifications, lost wages for the parent, and future wages for the child.
The second category of damages is non-economic damages, covering intangible losses such as pain, disability, emotional distress, anxiety, disfigurement, etc., resulting from an accident. They are calculated per diem or using multipliers against economic damages, a process that can be complex and requires the help of a personal injury lawyer.
You can also seek punitive damages in situations where gross negligence or wanton disregard for safety were the cause of the accident. Courts rarely award punitive damages, but your lawyer can help you look at your options.
