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My son was injured playing on his school’s playground equipment on a Saturday. Is the school district liable?
If the school district leaves the playground open to use on the weekends, it probably is liable. Playgrounds are considered to be an “attractive nuisance,” meaning that children, in particular, are attracted to being there although there are dangers present. To lessen or eliminate liability, a playground would have to be fenced with a locked gate so that children could not just wander in to play on the weekend. In your case, however, it sounds as though your son was able to use the playground equipment at school simply by walking onto the playground. In that case, the school district may be held liable for your son’s injuries.
The amount of damages will vary from case to case and will depend in large part on the extent, severity, and permanence of your child’s injuries. Minor injuries (such as a sprained ankle, bruising) that are easily healed may not even be worth bringing suit over, while injuries that cause lifelong scarring or disability may bring large damage amounts that will provide for your child’s care and comfort or compensate for the scarring. A competent attorney in your jurisdiction can give you a better idea of how much a case in your area and involving facts similar to the ones in your case may be worth. You should do so as soon as you can, because every state has a statute of limitations, or time limit on when you can file a case. If you'd like your case to be evaluated by an experienced lawyer at no cost or further obligation, fill out FreeAdvice's case evaluation form.
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