Who can I sue if my child is injured on a playground?
States use legal concepts such as “duty of care” or negligent supervision, and even immunity, to determine liability after a child has been seriously injured on a playground. Playpens come in all sorts of sizes and designs, all made for different ages and activity levels. They may be on private land like a neighbor’s house, or on public property like a state park or beach. Most of the time, injuries that occur on playgrounds are caused by reckless behavior and equipment misuse, but other times, they can be due to faulty equipment, poor assembly, and more.
It is understandable that some parents may suspect that their child’s serious injury could have been caused by something or someone else. In this case, it is advisable that families know their rights, as well as the legal systems used to make these types of lawsuits and more. Read on to find out whether or not a person can sue if your child is seriously injured on a playground.
Playground Passives
Playgrounds on school property, such as nurseries and elementary schools, are under the responsibility of the school. For this reason, schools and childcare centers have a legal duty to protect children from any foreseeable danger on school property, including playgrounds. If a child is injured as a result of a hazard that should have been foreseeable and avoided, parents can file a valid personal injury claim against the school.
For example, suppose a child swinging on a swing is injured because the top wooden board holding the chains breaks as a result of decay and rot. In this case, the school breached its duty of care because it forgot to replace the rotten wood before an accident occurred.
Schools have a responsibility to regularly inspect their property and grounds for hazards and other structural problems. By not noticing the rotten wood, or by not fixing it in time, the school is liable for the child’s injuries. A lawsuit could well be filed against them.
In addition to a school’s “duty of care,” there is another legal concept called negligent supervision that can also determine liability. Negligent supervision occurs when a person (i.e., teacher, day care assistant, babysitter, etc.) is given the responsibility of supervising a child (or children), but neglects that responsibility, causing injury or trauma to the child could have been avoided with proper supervision. .
Schools are acting in the place of parents, so they have a responsibility to implement an effective supervision system to protect minors from any foreseeable harm. So, if a child is injured while in the care of school authorities, and the injury was caused by lack of sufficient supervision, a family can file a valid personal injury claim against the school.
For example, teachers generally supervise the playgrounds during recess. If there are an insufficient number of teachers for the number of children being monitored, this is a lack of supervision. Furthermore, if those teachers are not paying attention or leave the recess unattended for any number of minutes, and an accident occurs that could have been prevented if an adult had been watching, the school could be guilty of negligent supervision.
It is important to consult a licensed personal injury attorney to learn your rights to compensation after a serious injury to you or your child.