Personal injury law is a broad topic, with specialist lawyers dealing in some very niche areas. It’s easy to focus on adult personal injury cases as these are the clients making claims against other people—many claims after slip-and-fall accidents, with a focus on premise liability. Yet, there are attorneys helping children who are victims of personal injuries, too. These cases often take place on the playground.
Playground accident personal injury cases sound so niche that parents might consider the options. However, legal teams can use the same approaches to personal injury law to help victims get compensation. It just depends on the situation and the impact of the injury.
Can You Claim After An Accident In A Playground?
The short answer is that it depends on the circumstances. In cases where a child has an accident on public grounds like this, there’s no chance of compensation. This can be deeply disappointing for parents, especially when there are significant injuries and medical costs to deal with. It all comes down to who is at fault.
There could be several people potentially at fault here. A third party at the playground may have caused an injury due to carelessness. As a parent, a court might find that you share some blame due to a lack of supervision or the child not wearing sensible clothing. Often, accidents are the fault of the child. They were running where they shouldn’t, misusing equipment, or not paying attention.
Making a playground accident claim with a personal injury attorney is about blaming the people who own the playground or are responsible for its upkeep. Can you be sure that their negligence in some form caused the accident? You also need evidence of physical, emotional, and financial distress from there. Medical bills, loss of earnings caring for the child, photographic evidence of injuries, and testimonials all help.
Examples Of Neglect In Playground Accident Lawsuits
Proving neglect is important to be sure of getting the result you want in court. You can do this as best with photographic and video evidence of the accident scene. Try to do this as soon as possible before those responsible start to fix errors or cover their tracks. The more you have to present in court, the better. At the same time, be careful about making the case public knowledge with parent groups to avoid putting the case and evidence gathering phase of the case at risk.
Many of these accidents can occur because of a lack of maintenance and the general dilapidated condition of the playground equipment. It’s fair enough that children should be able to use beloved pieces for years when they grow attached. A favorite swing in a special shape may make them very happy after school. Those running the playground are responsible for keeping that swing in good condition. All the seat, chain, and frame fixtures should be secure. There shouldn’t be any rough edges or any injury risks. If a child is injured because of neglect, photographic evidence can show that the park department or the independent company operating the area wasn’t staying on top of maintenance.
The same applies to the playing surfaces and security measures around the playground. There should be a secure gate and fence to stop kids wandering off, even surfaces underfoot to minimize the risk of kids tripping, and good maintenance in cold weather. Even something as simple as not clearing away trash can be a disaster if a child picks up broken glass or gets sick from something left on the ground.
All responsible city officials and playground owners should do their best to ensure safety checks and warning signs where necessary. Signs about possible age and height restrictions are simple ways that authorities can warn parents against certain dangers. Those who fail to provide these could face consequences. On the flip side, parents who ignore warnings and still try to sue won’t get far.
Examples Of Playground Accidents
Playground accidents can come in many forms, and while some may seem low-key and not worth pursuing, it all depends on the aftermath. Did your child suffer for a long time physically after the incident because of a lack of mobility, difficulty paying attention in school, or some form of sickness? Alternatively, there may be emotional suffering, with children shaken up by the event and unwilling to return to a playground for fear of it happening again. Even minor accidents can have a scarring effect on children and lead to behavioral choices that last a long time. This counts as pain and suffering and could leave you in line for compensation if you prove negligence.
Physical injuries received at playgrounds can also be severe. There are cases of nasty lacerations, broken bones, and severe head injuries. Children who fall from poorly maintained equipment or collide in a badly designed play area could end up with life-altering brain injuries. If you can prove this was the fault of the playground owner, you could sue to claim damages for medical costs, emotional turmoil, and more. All it takes is the right personal injury lawyer on your side.
Working With The Best Playground Accident Personal Injury Attorneys
Playground accidents are tough to deal with, no matter the scale of the injury. Not only are you dealing with the shock and aftermath of a physical injury, but there’s also the emotional distress of knowing this happened somewhere that’s meant to be safe for kids. Parents must have someone beside them who is experienced in these cases to get the best results. That means someone with a detailed knowledge of this niche area of personal injury law and the rationality to present a case with full objectivity and professionalism. These skilled lawyers can ensure you get the outcome you and your child deserve if you can place the blame on the playground owners. So, talk to a specialist as soon as possible to get started on your case.
