Who is at Fault for My Child’s Playground Accident?

On Behalf of | Mar 22, 2019 | Firm News |

Kids love visiting the playground. Whether their favorite thing is to climb, slide, or get pushed on the swings, it is a great way to get them out, active, and social. However, if the playground’s equipment is not properly maintained and cared for, this fun little visit can result in some serious injuries. Who is held liable when your child is injured in a playground accident?

About Playground Accidents

The Centers for Disease Control and Prevention (CDC) stated that emergency rooms throughout the country treat over 200,000 children under 14 years of age for playground injuries every year. Approximately 45% of these injuries are considered severe and include concussions, internal injuries, broken bones, and even amputation injuries.

Generally, on public playgrounds, the two most dangerous pieces of equipment are swings and climbers, which are responsible for the bulk of most injuries.

Determining Liability in a Playground Accident

In a playground accident, liability depends on a variety of factors, including how and where the accident took place. In most cases, one of the following can be held liable for the playground injuries a child sustains:

  • The operator of the playground: Playground operators must ensure that their property is reasonably safe and does not pose a danger to children who visit the premises. If a screw was loose on a climbing wall, resulting in injuries to a child, the playground operator could be held liable for failing to take reasonable measures to ensure the property was adequately maintained and safe.
  • The manufacturer of the playground equipment: In some cases, even playground equipment is properly maintained, it could still be defective or dangerous. In these situations, the manufacturer can be held liable for a child’s injuries. For example, if a ladder’s railings are not long enough to provide protection for a child climbing on it, the manufacturer might face a defective design lawsuit.
  • The supervisors on the premises: In cases where a child sustains playground injuries while on school grounds during the school day due to inadequate supervision, the school might be held liable. For example, if the school allows children to go down the playground slide headfirst and a child is injured, the school can be held liable for allowing this sort of dangerous behavior on their premises.

Call Pratt Clay, LLC Today for a Free Case Review!

If your child was injured on a playground, you should not hesitate to hire skilled legal representation to handle your premises liability case. At Pratt Clay, LLC, our team of Atlanta premises liability attorneys will build a solid case on your behalf to help you obtain the compensation you deserve.

Start your premises liability lawsuit and call our legal team today at 404-566-9460 to schedule a complimentary case review with one of our esteemed attorneys.