Playground Injuries: When Fun Turns Dangerous

Playing at a playground should be a fun experience for kids in Massachusetts and throughout New England. Whether at a school, public park, or other such setting, a child should be able to enjoy using playground equipment without them or their parents worrying about potential injury.

Unfortunately, sometimes children are hurt while using such equipment. Depending on the circumstances, they may be eligible to receive financial compensation for medical bills and related losses resulting from their injuries. Their parents can typically seek this compensation on their behalf by filing an insurance claim or lawsuit against the relevant party.

Understanding Playground Injuries in Massachusetts

Massachusetts, like many other states, provides guidelines and legal regulations regarding the proper maintenance and overall usage of playground equipment for children. These guidelines address everything from the surface of a playground to the spacing of equipment, with the goal of ensuring that children remain safe.

Regardless, there are many ways that children can be hurt at a playground. In some cases, this may be due to the negligence of another party. Consider the following examples:

• A child jumps from a piece of playground equipment and gets hurt upon landing because the surface below them didn’t conform to applicable regulations or standards.
• A piece of playground equipment with a defective part fails while a child is using it, causing them to sustain injuries in an accident. Or, investigation may determine that those responsible for maintaining the component failed to perform the necessary inspections and repairs.
• A piece of playground equipment itself doesn’t directly cause injury, but nevertheless, a child is injured at the playground because those responsible for supervising them failed to do so. This may be more likely in a school setting or at a camp where adults are responsible for watching children. Public parks typically don’t have such individuals on staff.

The above are merely examples. Hopefully, your child will never be hurt in these ways. That said, it’s important to understand potential legal options if this ever does occur.

What You Need to Know About Seeking Compensation for Playground Injuries

The injuries a child sustains while using playground equipment may require medical treatment. You shouldn’t have to pay for such treatment yourself if your child was injured because someone else was negligent or because a piece of playground equipment was dangerous. You can seek compensation accordingly by filing an insurance claim or lawsuit.

Depending on the exact details of the case, your child may also be eligible to receive compensation for other losses and struggles, such as the pain and suffering they might endure as a result of their injuries.

Properly seeking compensation requires understanding who is liable. Liability in child playground equipment injuries can vary depending on many factors. For example:

• If your child was injured while playing on playground equipment at school during recess, the school itself may be liable, particularly if your child’s injuries resulted from lack of proper maintenance or supervision.
• If your child was hurt while playing on poorly maintained equipment at a public park, the municipality may be liable. Seeking compensation would require taking action against a government entity, which can be complex.
• If your child was hurt because a piece of playground equipment was defective—whether due to an inherent design defect or a manufacturing defect—a party such as the designer or manufacturer may be liable.

It’s worth noting that in product liability cases like the previous example, proving negligence isn’t a requirement. You may only need to show that your child’s injuries resulted from a defective piece of equipment to show that they deserve compensation.

Get Legal Help for a Case Involving Child Playground Injuries in Massachusetts or New England

The process of obtaining compensation for your child after they’ve been hurt on a playground can vary depending on their case’s unique details. As the parent of an injured child, you want to be certain they receive justice. However, you might not know how to proceed in these circumstances. Luckily, you don’t have to face this process alone.

At Swartz and Swartz, PC, our Boston child personal injury lawyers are available to review your case and provide the representation you and your child deserve right now. Learn more about how we can help by contacting us online or calling us (617) 742-1900 to set up your free consultation.

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If you or someone you know, needs help from a lawyer, contact the law offices of Swartz & Swartz, use our live chat, or send us a message using the form below and we’ll get in touch to assess your case and how we can help.