The city has admitted that it knew it was unreasonably dangerous to have concrete under the jungle gym at the playground. Can I hold them accountable for this admission?
It sounds as though your child may have been injured by falling from the jungle gym onto concrete. If the city has admitted that it knew the concrete posed an unreasonable danger yet the city did nothing to remove the concrete or somehow pad it, you have a fairly strong case against the city. When the city owns a playground, the city has a duty to the playground’s patrons to provide a reasonably safe environment in which to play. In your case, it sounds as though the city neglected to do so with regards to the jungle gym – and, more importantly, that the city knew that there was a problem and ignored it.
The U.S. Consumer Product Safety Commission has issued a Handbook for Playground Safety (http://www.cpsc.gov/cpscpub/pubs/325.pdf ) which addresses safe playground surfaces. Your attorney may also know experts to support that the city failed to maintain the playground in a safe condition. And finally, an experienced attorney will be able to give you an idea of what your case is worth before you bring the lawsuit based on the extent and permanence of your child’s injuries.
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