Playgrounds are an integral part of American communities. While they are great places for children to learn, grow, and socialize; playground accidents can cause serious injuries. Playground accidents happen at schools, city parks, and private homes. When a child is injured at a playground it’s important to understand who or what is liable for the injuries the child sustained. Once that has been established legal action may be taken by the victim’s family in order to cover any injuries or damages suffered in the accident.Playground Accidents

Premises Liability

Schools and other operators of playgrounds are required to protect children playing on their equipment from foreseeable dangers. After a playground accident has occurred, the owner or operator of the playground may be considered a defendant. The following need to be considered when establishing premises liability:

  • Was the defendant in charge of the property where the accident occurred?
  • Was the injured child the type of person that the defendant could expect to be on the property?
  • Did the defendant exercise the proper amount of care?
  • Was the child injured in a foreseeable way?
  • Was the defendant’s carelessness a major cause of the child’s injury?

If there is premises liability and the defendant failed to provide a safe situation for the child, there may be grounds for a lawsuit. An attorney with experience in playground accidents can help the victims family determine if there is evidence for a premises liability lawsuit.

Negligent Supervision of Children

When a person accepts the responsibility of supervising a child, that person may be liable for any injury the child sustains due to a lack of supervision. At schools, the supervisor may be a teacher or a staff member. Other organizations and individuals that agree to watch children also have the responsibility to protect those children from playground accidents. In order to determine if there is a case against a negligent supervisor after a playground accident the following questions need to be asked:

  • Did the defendant agree to supervise the child?
  • Did the defendant fail to properly monitor the child?
  • Was the child hurt because of the inattentiveness of the defendant?

If it appears that the playground accident was the fault of a supervisors negligence a lawsuit may be brought against that supervisor. An attorney with previous experience in playground accidents can help the victim determine whether or not the supervisor could be held legally responsible.

Attorney with Experience in Playground Accidents

The complexities of a playground accident lawsuit can make it a daunting task for anyone to approach on their own. If your child has been injured in a playground accident because of the negligence of someone else, you need the help of an experienced playground accident attorney from Craig Swapp & Associates. Call us today at 1-800-404-9000 or tell us your experience by filling out our online form at the bottom of this page.

Written By: Ryan Swapp     Legal Review By: Craig Swapp