Playground Injury Liability

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When a child is injured on a playground, liability may fall to either the manufacturer of the equipment, the owner of the equipment, or the individuals responsible for supervising the child during play.  In some cases, you can pursue legal responsibility against all three.  Playground injuries can become complex and involve a lot of different parties, so work with an experienced personal injury attorney for assistance.

  
Who is Liable for a Playground Injury
  
As with any product liability or negligence case, the party legally responsible for the injury depends on the circumstances.  If your child has been injured on a playground, look at the following parties:

  • Manufacturer of the equipment:  If the equipment on which your child suffered the injury was poorly made, improperly installed, or dangerous in its design then you may have a claim against the company or companies responsible for producing it.  All playground equipment carries some risk, so you will need to prove that the risk was beyond what is expected by the type of equipment that caused injury.  For example, if the finish on monkey bars is too slippery and your child falls off as a result, you may be able to sue the manufacturer.
  • Owner of the property or equipment:  When an owner of property that has playground equipment allows children to play on it, he can be held responsible if your child is hurt. 
  • Individual or company responsible for supervising your child:  If your child was injured while under the care of an individual or private daycare organization, then you may have a claim for negligent supervision.  If a person or a company commits to supervising your child, then they take on responsibility of injury in most cases.   
Who you can sue for a playground injury depends on a variety of factors, all of which require legal knowledge to prove.  If your child has suffered an injury on a playground, consult an experienced attorney for assistance.  
School Liability
  
If your child was supposed to be supervised while at school at the time of his injury, and the school did not provide the proper supervision, then it can be considered a contributor to the incident and thus be held legally responsible. Suing a public entity such as a school can be difficult due to government immunity laws, however, if your child was under the responsibility of a school at the time of the injury then you should consult an attorney. 
  
How can I get help?  
  
Finding liability in a situation involving unsafe products is often difficult due to the specific details of any given situation. Often multiple factors come together to create a tragic occurrence, and establishing which one was the main contributor may be virtually impossible. You absolutely must speak with a skilled lawyer in a situation like this to ensure your rights are protected.

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