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. Playgrounds come in all sorts of sizes and designs, all made for different ages and activity levels. They can be on private land like a neighbor’s house, or on public property like a state park or beach. Most of the time, playground injuries are caused by reckless behavior and equipment misuse, but other times, they can be due to faulty equipment, poor setup, 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 for families to 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 Liabilities
Playgrounds on school property, such as nurseries and elementary schools, are the responsibility of the school. For this reason, schools and early childhood 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, the parents can make 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 failed in its duty of care because it forgot to replace the rotten wood before an accident occurred.
Schools have a responsibility to periodically inspect their properties and grounds for hazards and other structural problems. By not noticing the rotten wood, or by failing to fix 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, daycare assistant, babysitter, etc.) is given the responsibility of supervising a child (or children), but neglects that responsibility, causing injury or trauma to the child that could have been prevented with proper supervision. .
Schools are acting in the place of parents, so they have a responsibility to implement an effective system of supervision to protect minors from foreseeable harm. So, if a child is injured while in the care of school authorities, and the injury was caused by a lack of sufficient supervision, a family can make a valid personal injury claim against the school.
For example, teachers often supervise playgrounds during recess. If there is an insufficient number of teachers for the number of children being monitored, this is a lack of supervision. Also, if said teachers are not paying attention or leave 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 about your rights to compensation after a serious injury to you or your child.