There may be several potential parties to sue. First, it depends on whether the playground is a city playground or a school playground. If the playground belongs to the city, and if no state law prevents you from suing for such accidents, the city may be liable to your child.
The next question is whether there was adult supervision, either by a playground attendant or the other child's parents. If a city playground provided some type of adult supervision, the city may be liable for that supervisor’s failure to stop the chase and the supervisor may be liable as well. If the playground was at a school, a teacher or playground supervisor was likely present. The school, through the school district, and possibly the supervising adult may both be liable for your child’s injuries. A history of problems with or complaints about the jungle gym will strengthen your case. Whether you can sue the supervisor personally, rather than in his or her capacity as a playground supervisor, is determined by where the lawsuit is brought. Your
attorney can advise you how best to proceed in that case.
The older child’s parents may also be liable to your child. Different states also handle the question of parental negligence differently. In some states, a parent is completely liable for damages caused by their children even if the parents could not be found at fault. Other states, however, limit the amount of money that parents can be required to pay for the misconduct of their child. Finally, you should examine whether the design of the jungle gym or the playground surface that your daughter landed on contributed to her injuries. For example, a jungle gym over concrete may be considered unreasonably dangerous as falls from jungle gyms are common and concrete is a very unforgiving surface.
These are all reasons why it is very important to consult with an attorney if you are contemplating this type of a case. A good
attorney can determine who the defendants should be, what amount you might possibly recover, and how likely you are to win your case. It is important to begin pursuing your case as soon as possible, or you may be prevented from ever suing by your state's
statute of limitations. If you'd like a free case assessment by an experienced lawyer, you can fill out FreeAdvice's
case evaluation form, and a lawyer will contact you directly with no further obligations.