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Who is Liable for a Playground Accident?

Accidents can happen anywhere. Playground accidents are common and often occur at public schools, daycares, parks and even homes. Most of the time these injuries are because of the child’s own unsafe behavior, such as running on the monkey bars or jumping off a high spot. But, there are times defective or unsafe playground equipment could be to blame.

playground accident

If your child was seriously injured on a playground, it is important to hire a personal injury attorney. These types of cases can be difficult to prove; therefore, you need an attorney that can help you determine who is at fault.

Playground Accidents are Premise Liability Cases

Under tort law, a playground accident would fall under premise liability. Playground owners have a specific duty to protect the children who play on their premises, and they should foresee any potential injuries and resolve those threats right away. A playground injury based on premise liability would require you to prove that:

  • The party was responsible for the playground;
  • The child was injured on a playground they were intended to use;
  • The other party did not exercise any level of care to prevent accidents;
  • The injury was predictable;
  • The other party knew there was a defect or the company that manufactured the playground equipment released it with an unsafe design.

Negligent Supervision Could be to Blame

If someone is watching your child and they are injured on a playground due to their lack of supervision, it may be that individual who is responsible for your child’s injuries, not the playground itself. School teachers or daycare providers have a higher level of duty to care for children, because they are acting in place of the parents. Therefore, they must prevent a child from being harmed while under their care.

You may have a case for negligent supervision if the individual had agreed to watch your child and failed to fulfill their obligation.

Suing Your Child’s School

To sue your child’s school, you will need to first file your lawsuit with the city or county government. These types of cases are highly complex and require an attorney to help you navigate through lawsuits against government agencies. If the school was not public, but privately owned, you will not have to worry about the special requirements.

Hire a Personal Injury Attorney Today

Injuries on a playground may be severe, and could even lead to permanent disability in some cases. If your child was injured on a playground due to faulty equipment, unsafe conditions or just inadequate supervision, you may be entitled to compensation. Contact the attorneys at Fetterman & Associates, PA today for a free consultation.

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