Playground Accidents
- What has to be proven in a lawsuit against the owner and/or maintainer of the playground?
- What duty does the owner/maintainer of a playground owed to my child?
- Do I need a lawyer?
- If I retain a lawyer, will I have to pay legal fees and costs?
- Should I be speaking to the representative of the playground or the insurance carrier?
- How long do I have to file a claim against the playground?
- Recoveries for Clients
Looking back on our childhood, most of us have fond memories of times spent at playgrounds. Sometimes we got cuts or bruises along the way but that’s what we expected when we were playing. What is not expected is when our children leave a playground with a severe and serious injury such as bone fractures, dislocations, severe head injuries and even in some cases, death.
Our kids enjoy playgrounds because they are fun. Millions of children throughout the United States use playgrounds throughout the year. With so many young people visiting playgrounds, injuries do happen. The persons or entity who owns and/or maintains the playground have a duty to maintain the playground with due care as well as follow the rules for safety established by the Consumer Product Safety Commission. Duty of care and the rules of the Consumer Product Safety Commission apply to all playgrounds in Pennsylvania. Playgrounds at schools and recreational centers maintained by a private or public entity as well as playgrounds on private property including those found at fast food restaurants all owe a duty to operate and maintain a safe playground.
The Consumer Product’s Safety Commission tells us there are hazard patterns associated with playgrounds related to accidents. Playground hazards which cause injuries often involve:
- Unsafe or defective playground equipment;
- Unsafe maintenance of playground equipment;
- Unsafe surfacing beneath playground equipment;
- Inappropriate height of playground equipment;
- Inadequate supervision of children;
- Failing to post proper warnings or signage advising of the risk of serious injury in connection with use of the playground facility.
Our firm is experienced in representing victims of playground accidents. We are happy to answer any questions or review your case for free. Please call us at 1-877-228-1528 or complete a short contact form and a member of our firm will contact you. There is no fee unless we recover money for you.
Here are some questions you may have:
What has to be proven in a lawsuit against the owner and/or maintainer of the playground?
A case of liability for a personal injury at a playground ordinarily requires at a minimum:
- The owner/maintainer had a duty to exercise due care for the user’s safety under the circumstances.
- The injured person was using the playground facility.
- The owner/maintainer breached the duty to protect the user from injury by:
- Negligent control of the playground;
- Negligent operation of the playground;
- Failure to install safe equipment; and,
- Failure to control other patrons.
- The owner/maintainer knew or should have known that the specific failure or failures would endanger the playground user.
- The user suffered injury or death arising from the use of the playground.
- The breach of duty was the proximate cause of the injury.
What duty does the owner/maintainer of a playground owed to my child?
It is the duty to operate and maintain the playground in a safe manner. The defendant or wrongdoer must meet with the standards issue by the Consumer Products Safety Commission. See: cpsc.gov/cpscpub/pubs/playpubs.html
Do I need a lawyer?
The simple answer is "Yes" - even if the insurance company or the playground contacted you, you should speak with a lawyer. When you are injured, neither of the insurance company nor the playground is your "friend". They are not looking out for your interest; they are looking out for their own interests which is to save as much money as possible. You on the other hand want to be fully and fairly compensated for the injuries sustained by you and your child. This is why you need our firm.
If I retain a lawyer, will I have to pay legal fees and costs?
Again, the simple answer is "Yes" - however, it is the policy of our firm handling such a case that any fees and costs would be on a contingent basis. This means that we would charge you a percentage of the amount collected and we would advance costs. In the event we recover we would recapture our costs and charge you the agreed fee. In the event we do not recover anything on your behalf, you would owe us no money.
Should I be speaking to the representative of the playground or the insurance carrier?
We would advise you to contact us if you are contacted by the insurance company or the playground first.
How long do I have to file a claim against the playground?
In every state there is a Statute of Limitations, which means that you must file a claim within a certain period of time or your claim will be forever barred. In Pennsylvania and New Jersey, that period of limitations is two years from the date of the incident. If the playground was owned or operated by a governmental agency the period of time to present a claim will be much shorter. You should contact if you have any questions regarding how long you have after the injury or death to have the claim filed.
If you are going to use a lawyer, it is important that the lawyer is retained as soon as possible so a timely investigation can be conducted. A timely investigation is important because as time goes by witness' memories are not as good and you may lose track of them. In addition, a prompt investigation should be done as the environment where the accident occurred may change. Contact us. We can help.
Recoveries for Clients
