Can we sue the school for our child’s injuries that he suffered at the playground when he climbed the fence to get into the playground at night?
The purpose behind fencing playgrounds is to keep children from using them and being injured when there is nobody present to supervise the use. The school district will argue that it did everything it reasonably could to keep your child out of the playground and off the equipment, but that your child circumvented those measures by climbing the fence around the playground.
Your attorney, however, can counter these arguments by addressing the height of the fence, the condition of the fence, and whether the gate was locked. There may be other ways to combat the school district’s arguments, including whether other children have also climbed over the fence to use the playground. This case is sufficiently complex that, if your child’s injuries are serious, you need to consult with a competent attorney as soon as possible to begin the investigation necessary to successfully present your case.