Types Of Negligence That Lead To Playground Injuries
It's every parent's fear – a nice day at the playground turning into a major injury and a trip to the emergency room. Playground injuries happen, but many are avoidable. It can be especially frustrating when the injury is the result of the negligence of someone else. You may be able to sue for injuries and expenses. The following guide can help you determine if this is a good option.
Was there proper supervision?
For injuries that occur at school or daycare, a lack of supervision is often the root cause of the injury. You will need to find out if there was sufficient staff on duty and engaged with the students. Engaged is the key here – there may have been adequate staff on site but if they were distracted by conversation or playing on their cell phones, then they may have been negligent. If the injury occurred at a park and was the result of another child being poorly supervised, then the parent or guardian of the child that caused the accident may have been negligent in their supervision.
Are there any issues with the play equipment?
Poor design or insufficient maintenance can also be considered negligence. For example, play equipment with sharp edges that can cut or narrow openings that can trap are considered bad design features. Either the owner or the manufacturer of the equipment could be named in litigation. This is especially true if the equipment is outdated and not up to current safety regulations.
Bad maintenance is also a concern. Loose or missing bolts, rusted out areas, and missing safety pieces can all lead to injuries both major and minor. The owner of the equipment is responsible for regular upkeep and is negligent if they fail to do so.
Could there be any missing safety features?
Another thing to check for is necessary safety features. Some features may be required by law, such as a certain space between bars on a play structure to prevent stuck heads or arms. Other features should be available as a matter of common sense. For example, play structures built on a concrete pad can be considered negligent, since soft surfaces are better at thwarting injuries. Playground safety requirements vary greatly depending on local and state laws in conjunction with federal regulations, so it's important to know the legal requirements for your area.
Consult with a local personal injury attorney to better determine who is liable for child's injuries and whether you may have a case.
