Attorney at Mueller, Schmidt, Mulholland & Cooling
Practice Areas: Motor Vehicle Accidents, Workers’ Compensation, Personal Injury
If your child is injured on a playground, you may wonder who’s responsible. The answer depends on whether a defective piece of equipment caused the injury or if it occurred due to a lack of supervision.
The following article will discuss different ways your child can be injured on a playground, which may be held liable in each case, and common types of playground injuries. You’ll also learn how to prevent playground injuries—and what to do when they happen.
Different Ways A Child Can Be Injured on A Playground
More than 200,000 children are treated in emergency departments for playground-related injuries yearly. Severe fractures, amputations, and internal injuries contribute to 45% of the reported injuries. Most of these injuries are
A child can be injured on a playground in many ways. Here are some of the most common:
Falling off the swings
A child can fall off a swing and get injured in many ways. The worst scenario is when the child falls and hits their head, causing them to bleed or bruise. Another way that children can be injured is if they hit their heads on the ground while running around on the playground. In this case, they may be knocked unconscious, resulting in a concussion or brain damage.
Getting hit by a ball or other object
Children will sometimes get hit by balls or other objects that hit them while playing on the playground. This can happen if they run into someone while playing and if another child is playing with one of these objects and doesn’t realize how dangerous it could be for them until later on down the road (when all those bruises start to show up).
Falling down the slide
This doesn’t happen very often, but it can lead to severe injuries if a child falls from the top of a slide onto another child who is sliding down after them.
Getting hit by another child who was running around on the playground
This can happen because children are often unaware of their surroundings and may not pay attention to where they’re going or what’s going on around them.
Who is Liable when a Child is Injured on the Playground?
If you are the parent or a guardian of a child who has been injured while playing on a playground, you may wonder who is responsible for their treatment. The law in this area is complex and varies by state. In general, if you are out of state and your child has been injured while playing on a public playground (or even an unsupervised private one), you will likely have to file a lawsuit to receive compensation for their injuries.
Negligent Supervisors
This person or entity directly supervises the playground, such as a school or park. If someone is negligent, they could be held liable for a child’s injury on a playground. Negligent supervision means that the supervisor failed to meet their duty to keep the children safe and secure. If a supervisor knowingly fails to meet this duty, they can be held responsible for any injuries caused by their negligence. The supervisor may also be liable if they were aware of an unsafe situation but failed to take action to prevent it from happening again.
Maintenance Department
The maintenance department is responsible for maintaining playground equipment and structures, including installing new parts when necessary (such as fixing broken pieces or tightening loose screws) and ensuring that all parts are working properly. If there are defects in the manufacturing process of these components, you can file against the manufacturer if you have been injured by them.
Defective Manufacturers
Most states have warranted manufacturers to be fully liable for any defect that causes injury. Manufacturers are responsible for ensuring that their products are safe when consumers use them. If a product is defective, it can cause injuries when used correctly—in this case, the manufacturer should have known about the defect and should be liable for damages caused by it.
Common Types of Playground Injuries and How to Treat Them.
We all know kids get hurt playing outside; below are the most common types of playground injuries:
- Broken Bones/Fractures
- Lacerations
- Concussions
- Sprains and strains
- Internal organ injuries
- Dislocations
How to Avoid Playground Injuries
Now that you’ve read this article, you’re probably wondering why you would ever let your children play in a playground again. Well, it’s not as bad as you think! They can still have fun on playgrounds without getting hurt, and here are some tips for how to make that happen:
- Wear a helmet
- Inspect the playground before you go
- Make sure your child has the right shoes for the playground
- Don’t play too long at once; rest breaks are important
Understanding the nuances of playground injuries is just the tip of the iceberg when it comes to personal injuries that children can suffer. It’s not just about the immediate actions to take but also about knowing the full spectrum of your rights and options. For instance, if a dog bite or another animal-related injury occurs, knowing the specific laws in Iowa can be crucial for your case. Similarly, if your child is injured in a bicycle accident, it’s essential to be aware of the steps to take following the incident, which can significantly impact the outcome of any legal actions you may pursue. Moreover, understanding how to negotiate with insurance companies can be a game-changer in ensuring you receive fair compensation without being shortchanged.
Whether you’re a parent or someone who has been there, playground injuries are a reality of childhood. And as much as you might want to keep your kids safe, accidents happen. When they do, it’s important to know what to do so that the injury doesn’t become severe and put your child in danger. Consult an attorney immediately after you realize foul play and negligence are evident.
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