My Child Was Injured on a Playground. Who Is Liable?

Parties liable for playground injuries may include a caretaker, daycare center, school district, equipment manufacturer, or contractor. Liability in a personal injury claim depends on who caused the injury or had a duty to ensure the playground equipment was safe. In some accidents, multiple parties share responsibility for a child’s accident.

Playground accident claims have strict statutes of limitations, which set deadlines for recovering compensation. For legal advice, contact a local personal injury attorney with experience in premises liability claims.

Liability for Child Injury Claims

When a child is injured on playground equipment, someone is generally responsible. A teacher, preschool, or school aide may not be watching the children to keep them safe. The school district or city may be responsible for failing to maintain the park property. An equipment manufacturer may install faulty parts, making the jungle gym unreasonably dangerous.

Liable parties must cover the costs of these injuries, including medical care. However, the parties responsible for causing child playground injuries may try to deny liability. Parents may need to take legal action to hold those parties accountable. Liability claims for playground equipment injuries are based on:

• Negligence
• Premises liability
• Product liability
• Vicarious liability

Negligence Claims

Negligence law holds a responsible party accountable for breaching a duty of care and causing injury or harm. This could include a babysitter, child care worker, or other parent who fails to monitor children on playground equipment as a reasonable person would.

For example, a school worker may allow young children to play on equipment meant for older children and look at their phone instead of watching the children. If a child falls off the equipment and is injured, the school worker may be negligent for failing to supervise.

Premises Liability Cases

Property owners owe visitors and playground users a duty of care to keep the property and equipment safe. The duty property owners owe children using playground equipment can depend on state law and the type of accident. In general, property owners must keep the property safe and fix or warn users about any unknown dangers.

Parents can file a premises liability claim against the property owner for damages.

Product Liability Claims

Product liability law holds manufacturers, distributors, and sellers liable for putting dangerous playground equipment on the market. The playground equipment manufacturer is liable for injuries caused by design defects, manufacturing defects, and a failure to warn users about the risks of using the equipment.

Vicarious Liability Claims

Vicarious liability holds an employer responsible for their employee’s negligence. If a preschool worker negligently fails to supervise a child on playground equipment, the family may not be able to recover anything from the employee.

Under vicarious liability, the preschool business is liable for damages. Employers are generally liable for their employees’ actions in the course of employment.

How Common Are Playground Injuries?

According to the Consumer Product Safety Commission (CPSC), more than 200,000 children receive emergency care each year for injuries on playground equipment. This is the leading cause of injuries for children in child care and school environments. Most of these injuries are preventable and are caused by factors including:

• Lack of supervision and monitoring
• Using equipment that is not age-appropriate
• Dangerous fall surfaces
• Lack of equipment maintenance

Minor injuries can include scrapes and cuts, which should be monitored for infection. Less common injuries can include burns from metal slides in the hot sun. More serious injuries requiring a trip to the emergency department include broken bones and neck injuries.

What To Do After Your Child Is Injured in a Playground Accident?

If your child is injured in a playground accident, seek medical attention immediately. Children are resilient, but some accidents that don’t show obvious signs of injury can be more serious than they appear.

When a child falls off monkey bars, swings, or climbing equipment, they can hit their head, causing a concussion or traumatic brain injury (TBI). If your child appears dazed or confused after a fall, seek medical treatment.

You can gather evidence of the accident to help in your injury claim. Take photos or video of the playground equipment and your child’s injuries. Get contact information from any witnesses, including the property owner. Write down what happened while it is fresh in your mind.

Report the accident to the property owner or party responsible for the playground. Keep a record of your report and the property owner’s response.

Premises Liability for Play Equipment on Private Property

Private property owners are liable for unsafe conditions on their property. When a restaurant, amusement park, or neighbor invites children onto the property to play on playground equipment, they must ensure the property and equipment are safe for children.

If the property has hazards, property owners must prevent children from accessing dangerous equipment or areas. For adults, property owners could put up a warning sign. However, children may not understand warning signs, which puts a greater burden on the property owner to ensure the playground equipment is safe.

Most homeowners’ insurance policies cover premises liability claims against a property owner, up to the claim limit. For these claims, you and your attorney will likely deal with the insurance company to recover compensation, which can create additional challenges.

School and Public Playground Injury Liability

Claims involving public or government property differ from claims against private parties. Cities, counties, and public school districts are government entities. Many government agencies have immunity against claims for money damages. However, most local governments have waived their immunity privileges, allowing injury victims to recover compensation.

The primary differences involving claims against public school districts or city parks are the limited damages and the notice requirements. Many states, counties, and municipalities allow compensatory damages, such as medical bills, lost wages, and property damage.

However, these government agencies may not allow noncompensatory damages, such as pain and suffering or emotional distress. This can limit the amount you can recover in a personal injury claim.

Government agencies may also have separate notice requirements for filing a personal injury claim. Notice requirements can be shorter than the statute of limitations; some school districts and counties require notice within 180 days. If you have an injury claim involving a public or government agency, contact an attorney as soon as possible to comply with the notice of claim requirements.

Is the Property Owner Liable If Children Entered Without Permission?

A neighbor may have a jungle gym, swings, or monkey bars on their property without inviting your children to play. Generally, property owners have a lower duty of care to trespassers. However, liability can change when trespassers are children.

Property owners must take extra precautions when their property has something that could attract children. This is known as an attractive nuisance. The most common example is a property with a pool. Children are naturally drawn towards swimming pools, even if they don’t have explicit permission to use the property.

Property owners can be liable for injuries caused by unsafe conditions related to an attractive nuisance unless they take measures to restrict children’s access, such as using gates and fencing that children cannot easily open or climb. If a child sneaks onto a neighbor’s property and uses playground equipment, the owner still has some duty of care to protect curious children from harm.

Defective Playground Equipment Claims

Equipment manufacturers and vendors are responsible for injuries caused by defective equipment. For example, a child swings on a swing set with a defective chain. The chain breaks, and the child falls, suffering a broken arm. The equipment manufacturer is liable for the defective product and resulting injuries.

To recover compensation in a defective park equipment claim, the parents must show the defendant manufactured, distributed, or sold the defective product and the product was defective when it left the defendant’s possession. When the product defect substantially contributed to the child’s harm, the manufacturer is liable for damages.

How Much Can a Family Get in Compensation for a Playground Injury?

Compensatory damages in a playground injury claim can cover your child’s treatment costs. Economic damages in a premises liability claim can include medical expenses, physical therapy, emergency room treatment, and time off work to care for your child. Non-economic damages can include mental distress and pain and suffering.

When the defendant’s actions are extremely reckless or dangerous, you may also seek punitive damages to punish the defendant for their carelessness. Talk to an attorney about what you can expect in compensation for your child’s accident claim.

Legal Help Filing a Playground Injury Claim

Playground injury claims are complex because multiple parties may share liability in causing your child’s injuries. Playground injury claims also involve insurance coverage and negotiations with insurers to cover your child’s medical bills and rehabilitation. An experienced personal injury attorney can explain the process and file a lawsuit to help you recover compensation.

There are strict time limits in a personal injury or premises liability claim. Contact a personal injury lawyer as soon as possible to help you secure compensation to pay for your child’s care. For legal advice about your child’s playground injury case, contact a local premises liability lawyer.