Were your kids hurt on the playground? If your kids suffer injuries on a playground, there are legal implications. It’s the legal mandate of the playground owner to take reasonable steps to alleviate safety hazards. If the owner neglects that duty and your kid gets hurt, you can file a premises liability claim. A successful claim allows you to recover compensation for the medical costs, lost wages, and other expenses stemming from injuries sustained by your child.
The legal firm you partner with after your child gets hurt on the playground can mean the difference between a successful and failed claim. Kuvara Law Firm has helped victims in Northern California get compensation after they, or their children, got injured on other people’s properties. Call 1-800-4-INJURY to schedule an appointment with one of our premises liability lawyers.
What Are the Most Common Playground Injuries?
It’s quite common for children to come out of play with scrapes and bruises. These are minor issues that require simple first-aid procedures. However, some accidents result in severe injuries that require costly medical procedures and care. The most common playground injuriesinclude fractures and bone dislocations, internal injuries, head concussions and traumatic brain injuries (TBIs), and severe lacerations.
Common Causes of Playground Injuries
Playground accident statisticsshow that about 80% of all playground injuries result from tripping and falling over obstacles. Playground injuries are commonly caused by falls, which account for most incidents as children climb, swing, or slide. Poorly maintained equipment, such as broken or rusted parts, can lead to cuts, abrasions, or entanglement. Inadequate or hard surfaces, like concrete or compacted soil, increase the severity of falls. Equipment that is age-inappropriate can also result in injuries, as younger children may struggle to navigate complex structures safely. Environmental factors, like wet or overly hot surfaces, can contribute to slips, falls, or burns.
Legal Implications for Playground Injuries
Playgrounds in San Rafael are managed and maintained by various owners, including the San Rafael City Council, Marin County Parks, school systems, and private owners. All these parties have the legal duty to ensure they take reasonable measures to keep kids safe when playing on their premises. If your child sustained an injury because of the owner’s negligence, you can hold the owner liable. You can do that through a premises liability claim or lawsuit.
Demonstrating Liability in a Playground Injury Claim
You must demonstrate that someone else’s negligence, recklessness, or wrongful acts caused harm to your kid to establish liability in a playground accident lawsuit. To effectively do that, you must show that the liable party:
Owed a Duty of Care Toward Your Child
This is the first step to proving liability. You must demonstrate that the likely liable party owed a duty of care to your injured kid. For example, playground owners and supervisors must ensure children’s safety on playgrounds.
Breached That Duty
You must also show that the party responsible for running the playground breached his or her duty of care. For instance, failure to check and repair damaged equipment or address common hazards is a breach of duty.
Causation
You must establish that the responsible party’s breach of duty directly caused your child’s injuries. Causation basically involves demonstrating a clear connection between the owner’s negligence and the harm it caused to your young one.
Foreseeability
In many playground accident claims, proving liability involves demonstrating that the alleged responsible party could have reasonably foreseen/anticipated the hazard and taken the necessary matters to avert it. In other words, the risks were apparent, and the owner should have taken reasonable precautions to address those risks.
Damages
You incurred expenses and losses because of the injuries your child sustained in the playground. These costs and expenses include medical bills, lost income, rehabilitation, transport, and pain and suffering.
Who Is Liable for a Playground Accident?
Determining the liable party in a playground accident lawsuit is one of the primary concerns during the initial stages of the litigation process. Legally, such claims fall under premises liability claims. The playground owner or management is typically the primary at-fault party, because they are legally responsible for implementing action plans to alleviate safety hazards. However, considering the wide range of risks that can cause playground accidents, multiple parties may be held liable.
Playground Owner/Management
Playground owners’ negligence can create dangerous situations where children might get hurt. Failure to adhere to inspection and maintenance schedules can lead to dilapidated and damaged equipment that poses safety concerns for playing kids. An owner is also responsible for playground accidents in other sections of their properties, including water bodies like ponds, flawed fence designs or installation, and animal attacks.
Equipment Manufacturer
Manufacturers have a legal duty to create quality and safe products and equipment. Sometimes, an equipment manufacturer’s negligence can lead to the rolling out of defective playground fixtures, such as see-saws and slides. If your kid breaks a bone or sustains a serious cut because of faulty equipment, the manufacturer can be held responsible under California’s product liability statutes.
Playground Maintenance Contractor
Some playgrounds are managed and maintained by a third-party agency or contractor. If the company neglects its role of maintaining the ground and equipment, a child might get injured. In that case, the third-party contractor is responsible for the harm and compensating you.
Equipment Installation Contractor
Improper installation of playground equipment poses safety risks to children. The equipment installer could be at fault if his or her reckless actions during the mounting processes created dangerous conditions that harmed your kid.
Local Government
Public parks and playgrounds are owned, managed, and maintained by the municipal or county government, depending on the park. For instance, the San Rafael Department of Public Works takes care of public playgrounds at Albert Park, Bret Harte Park, and Gerstle Park. The department may face lawsuits for injuries in public play areas.
However, suing a local California municipality isn’t the same as filing a claim against a private owner. The state has government tort laws that grant immunity to public agencies held liable in tort claims and outline the procedures for filing a lawsuit against the state agency.
California statute of limitations specifies that the timeline for filing injury claims against a non-governmental party is two (2) years. However, you have six months to file a premises liability claim against the government. If the government agency denies your claim, you have six months from the denial date to file a civil claim. If the second claim fails or gets ignored, you have two years from the accident date to file a lawsuit.
School System/District
A school system or district has a duty of care to ensure children are safe within school compounds, including the playgrounds. Therefore, it’s the school district’s responsibility to maintain safe playgrounds. That includes hiring trained and certified instructors whose primary job is monitoring playground activities to prevent unsafe play and unacceptable acts, such as bullying, which can cause playground injuries.
You can sue a school for an injury on the playground if it:
- Disregarded playground hazards
- Failed to supervise children
- Failed to address broken or damaged equipment
- Allowed kids to play on damaged equipment
- Hired inadequately trained playground supervisors
What to Do If Your Child Is Injured on the Playground
The steps you take after your child sustains an injury on a playground can help you protect his or her rights and recover medical costs. Here’s what to do when a child gets hurt:
Get Immediate Medical Care
Your child’s health should come first. So, ensure the child sees a doctor immediately after the accident. If the child tripped/slipped and fell and is unable to move, or you think the child has suffered a fracture or an injury to the neck, call 911 and request medical help.
Document the Scene
Gather as much evidence about the accident as possible. Take detailed photos of the surroundings, including the safety hazard that might have caused the injury. Additionally, collect names, email addresses, and phone numbers of potential eyewitnesses. This information will be valuable when pursuing the claim.
File an Incident/Accident Report
Report the injury to the playground owner or management. Also, be sure to get a copy of the accident report to help support your case.
Consult a Lawyer
The facts and evidence about a premises liability claim may seem straightforward to blame a single party. However, other legal elements and points come into play when pursuing a claim. A skilled lawyer can maximize your potential recovery by thoroughly investigating the case, identifying other at-fault parties, and holding them financially accountable.Your child’s legal rights and health are paramount. If your kid gets hurt on a playground because of another party’s negligence, you can count on a premises liability lawyer at Kuvara Law Firm. We provide quality, personalized, and aggressive legal representation to help parents and guardians in Northern California file successful claims. Contact us today to schedule a free case review.