Playground Accidents and Injuries – Who is Liable and at Fault?
Playground and parks are places where children and parents come together to have fun and enjoyment. But besides this, playgrounds are one of those places where unforeseen accidents and mishaps happen. Children can get hurt while swinging, climbing, running, or sliding.
Children can sustain injuries like fractured bones, dislocation of bones, concussions, bruises, and internal injuries. As per a report by Centers for Diseases Control and Prevention, there are more than 200, 00 cases of playground-injuries involving kids below fourteen years. A majority of these accidents happen at schools and care facilities. Another estimation by the CDC reveals that playground injuries are often severe. Playground injuries can be severe than automobile accidents.
If your child has injured himself while playing in the park or school playground, seeking legal help from Virginia Beach personal injury lawyer is an important thing to do. Establishing liability and responsibility in playground-injuries is hard. Having an experienced lawyer will help you fill the lawsuit and make a strong case.
Before we look into who can be held liable and accountable for the playground injuries, let’s discuss some reasons for playground injuries.
Poor Maintenance of Equipment: It’s not uncommon to find old swings and equipment in the playground. Over time, play equipment can deteriorate and cause the structures to fall or become a potential threat to kids using it. Iron can rust, wood can rot, and ropes can frail with time. Moreover, the daily use of swings and jungle gym can cause wear and tear, which can again cause severe injuries. Poor maintenance and irregular upkeep of playground equipment can contribute to such injuries.
Design of Playground Equipment: Most children get injured in a playground by falling. Children can either fall from the slid or swing or trip while running across the park. Here, the design of the park and equipment may cause injury and present a potential threat to the safety of the kids in the playground.
Lack of Supervision: Besides regular maintenance and proper design, adequate supervision of kids while they play in the playground is essential. Children are unaware of potential threats that might be lurking in the park, nor are they experienced in comprehending the consequences of their actions. As per Virginia Beach personal injury attorney, lack of inadequate supervision or fail to take preventive steps to avoid injuries can lead to the negligence claim.
Who is Liable for Playground Injuries?
There are several factors to consider when determining the liable party
- If your child has sustained an injury while playing at a public park, the local municipality will be held responsible for its upkeep. On the other hand, maintaining national parks is tasked with the federal government.
- If the playground-injury has occurred at a school, the owner of the school will be held liable.
Designer and Builder of the Playground:
- The designer of the playground may not necessarily be the owner of the park. Even private schools and municipality hire designers to construct the park.
- Knowing who to held accountable will make the lawsuit easier to win.