Normandie Law Firm places a heavy emphasis on providing the best legal representation and care for our clients. Some of our clients come in on behalf of their children. It is not uncommon for children to get injured in everyday activities, whether that is at school or while on the playground. Playgrounds are especially dangerous due to the general lack of care and the rambunctiousness of children. Fortunately, there is ample legal help available if your child has been hurt in a playground accident. You can have numerous damages paid off and you do not have to worry yourself while the lawsuit is going on. Our playground accident attorneys can handle all the facets of the case, from start to finish.
What kind of accidents can happen at playgrounds?
Playgrounds can be a host to a number of accidents. There are many jungle gyms and pieces of equipment that are set up that may be defective, old, or broken. Kids are generally more likely to get hurt because they have less inhibition, and they routinely jump from structures and fool around on playground materials. The causes of accidents at playgrounds can include the following:
- No safety mats or any protective cover on the ground, at the base of slides, near swings, and more
- Unsafe surfaces that are too slippery, have too many holes, are sleek, or are otherwise dangerous
- Rickety or loose equipment held together by broken screws, broken nuts, and other faulty fastenings
- Swings with unfastened seats or broken chains
- Ladders with loose rungs or parts that are not connected to the equipment
- Narrow openings that pose risks of head and limb entrapment
- Sharp, jagged, or protruding sections and edges on equipment
- Deteriorated equipment, rusty materials, and more
- Defective or poorly designed equipment
- Improper space between playground materials
- Sudden raised areas, leading to tripping hazards, especially on top of jungle gyms
- Lack of supervision from adults, whether teachers, operators, workers, parents, or others
These issues can easily cause a lot of injuries in children. Some of the potential damages may include:
- Concussions
- Open wounds
- Puncture wounds
- Broken bones
- Closed head injuries
- Traumatic brain injuries
- Dislocations
- Sprains
- Fractures
- Internal organ damage
- Facial damages
- Scarring
- Nerve damage
- Torn muscles
- Disc injuries
- Neck and spinal cord damage
- Strangulation
- Severed limbs and digits
- Paralysis
- Death
If your child has been injured in a playground accident, it is crucial that you get the help you need to move forward with your claim.
Who is liable for my child’s injuries at a playground?
There are various parties you can hold responsible if your child were hurt at a playground. Let’s examine a few of them.
Is a school liable for injuries?
If your child were hurt at a playground on school property, the school is responsible for the injuries. Teachers or aides must watch the children and if any accidents occur, they can be held accountable. To sue the school, you must prove that the school had a duty of care to keep your child safe, and that the duty of care was breached in some way. The teacher may have not been present or they may not have fixed any of the playground equipment. You must then show that the breach of duty resulted in the accident, which caused the injuries to your child.
You can also sue for a defective product if you bought a playground set or jungle gym for your yard. The company responsible for creating it must not have any dangers or defects present. To sue for product liability, you must be able to show that one of the following occurred
- A design flaw with the product prevented it from working properly
- A manufacturing error with the item caused the defect and accidents
- A lack of hazards or warnings on the product or packaging did not dissuade anyone from using the item in a potentially harmful way
You should always make sure to hold on to the product and do nothing to try and fix it or tamper with it. If you do, you may lose all ability to sue, as the company can claim that you caused the defect in the first place.
Additionally, you could sue for premises liability. This occurs when your child is injured on private property, such as an entertainment location, or on public property, such as a park play field. Premises liability claims require one of the following to be shown to be true:
- The property owner caused the defect in some way
- The property owner knew about the defect on the playground but did nothing to fix it or provide any warnings to other children or parents about the dangers
- The property owner did not know about the issue, but reasonably should have if he had investigated better or been more meticulous in his maintenance and examinations
No matter what kind of claim you wish to file, whether a premises liability lawsuit or defective product claim, we can help you get what you need and more forward.
How can I file a lawsuit for playground injuries?
To file a lawsuit for playground injuries, you should have ample evidence of the incident and the resulting consequences. It is most important, however, that you take your child to the hospital first to get any medical treatment he needs. You can hold on to the receipts and doctor’s notes from the visit, as well.
Then, you can gather the necessary proof. This can include pictures of your child’s injuries, pictures of the playground and its defects, videos of the event from security cameras if any were on, and more.
There may also have been eyewitnesses and other bystanders nearby who saw the incident occur. You can interview them for their statements and testimonies to add to your claim.
Can I sue my child’s school for an injury?
For product liability cases, ensure that you keep the receipt to the product and that you do not tamper with it or return it. For premises liability cases with private institutions, you can file a complaint, but do not do so before taking pictures of the broken equipment, as it can be quickly fixed before you have the ability to get evidence or even file your claim.
Lastly, it is crucial that you take the time to find an expert attorney with experience in playground accident lawsuits. A qualified lawyer can make all the difference in your case, especially if you have never taken legal action before. You may not know how to negotiate and you may not have the time, knowledge, or money to do so. Our firm can take care of all the legal aspects for you.
What is the deadline to file a claim for playground injuries?
In California, personal injury lawsuits must be filed within 2 years of the date of the injury. Generally, one of the exceptions to this rule is the age of the plaintiff. Minors cannot sue, and they can wait until they turn 18 years old to do so. However, the longer you wait to sue, the more likely it is that your evidence will get lost or that the intended party will be unable to pay out the damages. Therefore, we recommend filing a claim as quickly as possible, and having you sue on behalf on your child.
The statute of limitations is important to adhere to. If it is missed and you do not sue within the appropriate timeline, you will be unable to file a claim in the future. To ensure that your lawsuit is filed on time, you should speak with an attorney.
How much can I win in a playground injury lawsuit?
The value of your playground injury lawsuit will vary depending on the extent of the damages, their severity, and how impactful they were on your child’s life. If your child quickly re-acclimated and did not have any lasting effects, the case may not be worth as much as if he were left with severe troubles for some time.
We will fight for the following forms of compensation:
- Coverage for medical expenses from the past and future for medication, surgery, physical rehabilitation, and more
- Reimbursement for lost property and broken items
- Pain and suffering damages for emotional anguish, PTSD, anxiety, fear, and more
- Punitive damages if there was any gross negligence or an intent to cause your child harm
- Wrongful death damages if your child passed away in the incident, including funeral and burial fees, pre-death pain and suffering and medical bills, and more
We will not stop pursuing every penny you deserve. Let us help you.
The Best Firm in Town
Normandie Law Firm is lauded as one of the most successful law firms in the state. We have recovered hundreds of millions of dollars for our clients and have fought tooth and nail to bring justice to everyone who walks through our doors. We know the most effective strategies to win your case and we will work around the clock to secure you a fair settlement. If we have to take your case to court before a judge and jury, we are willing to do so.
Call today to set up a legal consultation. All consultations are free and confidential; none of your details will be shared with anyone, and the cost is nothing at all. We will answer all your questions, examine your case, tell you what we feel it is worth, and more. If you want to hire us, we will give you our zero fee guarantee. This promises that you won’t pay a dime of out of pocket fees. We will cover the costs of the case, and if we win, the money will come from the settlement we bring you. If we lose, we do not get paid at all.
Don’t hesitate to call our firm, Normandie Law Firm, to speak with a playground injury lawyer today.
