Playing outside has dozens of benefits for children, from improving their sensory skills to building their strength and endurance. However, playing outside on a playground is not without risks. In fact, thousands of children are injured on playgrounds every year in the United States.
If your child has been injured on a playground, you may be entitled to compensation. You should speak with an experienced California personal injury attorney as soon as possible to learn about your legal options.
Types of Playground Injuries
Many children walk away from an afternoon at the playground with a couple of scrapes or bruises. However, other children sustain much more serious injuries. Some of the most commonly reported playground injuries include:
- Concussions and other traumatic brain injuries
- Fractures and breaks
- Serious lacerations and cuts
- Internal organ damage
- Muscle sprains and strains
Some children have even died as a result of their playground injuries.
Depending on the individual playground, there are a variety of incidents that may lead to injuries.
For example, falls are one of the most common ways that children are injured on playgrounds. They may fall from a slide, from monkey bars, or from a jungle gym.
In some cases, children’s clothing becomes tangled on playground equipment, leading to injury.
Sharp edges on playground equipment may lead to cuts and other types of injuries.
Defendants and Examples of Negligence
To obtain compensation for your child’s playground injuries, you must show that the owner of the playground did not exercise reasonable care in maintaining the playground. This lack of reasonable care must be the direct cause of your child’s injuries.
For example, consider a set of monkey bars. The monkey bars have begun to rust in different locations. A child begins to play on the monkey bars, and one of the bars snaps. The child falls and breaks his leg.
There are a number of ways in which the playground owner may face liability in this situation.
First, the playground owner has a duty to regularly inspect the playground equipment to be sure it is free from hazards or dangerous conditions. If a piece of equipment needs to be repaired, a sign should be put up (or a barrier should be placed around the equipment) warning others not to use it.
If the playground owner had received reports of the rusty condition of the monkey bars, the playground owner was again put on notice that a potentially dangerous condition existed on the playground. When a property owner is made aware of a dangerous condition, the playground owner should remedy the situation as soon as possible.
Legal claims against playground owners proceed differently depending on the nature of the defendant. For example, filing a claim against a government entity proceeds differently than a claim against a private property owner. Different deadlines apply, and different legal theories must be supported in these types of claims.
However, experienced premises liability attorneys are able to identify all possible defendants and pursue claims against them. Some common defendants in playground injury claims include:
- School districts
Other defendants may also be held liable, depending on the facts of the case.
Damages in a California Playground Injury Case
The damages available in a California playground injury case vary depending on the facts of the case. Damages may include:
- Medical expenses
- The cost of future medical care that may be needed, such as physical therapy or surgery
- Lost wages
- Pain and suffering
- Emotional distress
Other types of damages may also be available. Experienced California playground injury attorneys are able to pursue all avenues of recovery on behalf of their clients and ensure that they are fairly compensated for their injuries.
Call Today to Speak with Our Experienced Attorneys
At Kuvara Law, our California personal injury attorneys are experienced in all types of premises liability claims, including those that involve playgrounds.