Possibly, depending on how the injury was suffered and where the city is located. Some states still protect cities and other local government units by having laws restricting suits against the city for personal injuries suffered while using the city’s recreational facilities. However, such laws have fallen into disfavor and it is less likely that you will find these laws on the books.

Providing that the city does not have some type of legislative immunity, the next question is whether your child’s injuries were caused, in some fashion, by the playground equipment or some other cause. However, even if your son is partly to blame for his injuries, or if another child was a factor in the accident, the city may still be liable in certain circumstances, as for example, if the equipment could be used in such a way as to cause an injury, such as an improperly maintained slide that can be rocked while a child is riding on it; or if the playground surface provided below the equipment unreasonably contributed to the injury. When the city provides playgrounds and playground equipment, it assumes a duty to maintain those areas so that they are reasonably safe for children to use. If the areas are not maintained properly and there is a reasonably predictable injury instance as a result, liability is probably going to be found.

However, even if the city can be sued, damages may be less than they would be in other cases not involving the government. Any money that is paid out on a claim will come from public coffers. Government claims adjusters are generally even less likely to make generous settlements than regular insurance adjusters. Furthermore, even if your case goes to a jury, the jury is going to understand that the money involved is public money and they tend to be less generous. A good attorney in your area can look at your case and let you know the types of damages you can expect as well as possible amounts, although it is impossible to guarantee how much any case will actually bring in. Your attorney can also advise you if there is a special statute of limitations that applies to your case because you are contemplating suing the government.

If your child has been injured at a playground and you believe it may be due to negligence on the part of the city, you will want to document all the injuries and treatments your child goes through. You will also want to see if any other children have suffered similar injuries or whether the equipment has been inspected to show the equipment was improperly maintained. Your attorney can help you collect this information as well. This is important, because every state has a statute of limitations that prevents you from filing a personal injury lawsuit after a certain time period. If you would like an experienced injury lawyer to review your case, fill out Free Advice's case evaluation form and an attorney will contact you for a no-cost, no obligation evaluation.