Legal Ramifications of Injuries from Playground Equipment

A visit to a playground should be a fun experience for a child. However, for various reasons, children can be injured when playing on playground equipment. This may be more likely to occur when the condition of said equipment is in some way dangerous.

Has your child been injured in such an accident? If so, compensation may be available. As a parent or guardian, you can seek compensation on your child’s behalf by filing an insurance claim or lawsuit.

Doing so can involve certain challenges. For example, it may be difficult to identify the liable parties. The following overview will answer some of your essential questions on this subject. For more information, review the matter with a personal injury attorney.

What You Need to Know About Playground Injuries

Reporting data collected by the Centers for Disease Control and Prevention (CDC), the Commonwealth of Massachusetts offers some revealing information about playground injuries. Unfortunately, such injuries aren’t uncommon, with U.S. emergency departments treating more than 200,000 children below the age of 15 years for playground injuries annually. Other points to be aware of include:

• More than 20,000 of the children U.S. emergency departments treat for playground injuries each year receive treatment for concussions or other such traumatic brain injuries (TBIs).
• Approximately three-quarters of all playground injuries are sustained on public playgrounds. Usually, children sustain playground injuries at recreational parks or schools.
• Research indicates the rate of emergency department visits for playground injuries has increased in recent years. It’s not entirely clear what factors may account for this trend.
• Fractures and contusions/abrasions account for more than half of all playground injuries for which children receive treatment in emergency departments.

The treatment a child’s playground injuries require can be costly. Depending on the circumstances, compensation may be available for such expenses and other related losses.

Potential Liable Parties When a Child Sustains Playground Injuries

Compensation may be available for losses associated with and resulting from a child’s playground injuries if a child was injured due to the negligence of another party. Consider the following potential circumstances:

• A child is injured while using a piece of equipment at a local playground in Massachusetts. An investigation reveals the piece of equipment was dangerous because it hadn’t been properly maintained. In this scenario, the party responsible for keeping the premises safe may be liable. If a child was injured at a public park or playground, this means the liable party could be a government agency. Or, it might be a company if the agency hired a third party to handle maintenance.
• Perhaps the above scenario occurs in much the same way, aside from the fact that an investigation yields a different outcome. Maybe investigators determine the piece of playground equipment was defective at the time of installation. Sometimes, the party responsible for operating and maintaining the playground will still be liable if it can be shown they failed to do their due diligence when purchasing equipment. However, in this case, the liable party could be the equipment’s designers, manufacturers or sellers.
• Maybe a child sustains a playground injury during recess while at school, raising questions of inadequate supervision or instruction. If so, the school district or operator may be liable.

Determining who’s responsible for the legal cause of injuries in these circumstances can be challenging. A personal injury lawyer can help by conducting a thorough investigation.

Potential Damages in a Playground Injury Case

When a parent or guardian takes legal action on a child’s behalf to seek compensation for playground injuries, again, they’re most likely to pursue compensation for medical bills. They should also be aware that compensation may be available for future losses.

For example, depending on how severe a child’s injuries are, they may require ongoing medical treatment. Compensation may thus be available for long-term medical expenses.

Compensation might also be available for losses and struggles that don’t have an absolute financial value. If a child’s injuries cause them to endure pain and suffering, they may be eligible for compensation accordingly.

These are just examples. One of the best ways to determine the types of compensation that might be available in a playground equipment injury case is to review the matter with a personal injury attorney with experience handling such cases on behalf of children and their families.

That’s exactly what you’ll find at Swartz & Swartz, P.C. Our Massachusetts child injury lawyers are prepared to offer the representation you and your child deserve when they sustain injuries at a playground due to the actions or negligence of another party. We work on a contingency fee basis, meaning our clients only pay for our legal services if they receive compensation first. Our fee is a percentage of the compensation a client receives. Learn more about what we can do for you by contacting us online today or calling our offices at (617) 742-1900 for a free consultation

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