Helping injured people since 1947

Philadelphia Premises Liability Lawyers

 

Playground Accidents

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 can lead to playground accidents and 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 Philadelphia personal injury law firm is experienced in representing victims of playground accidents. Our dedicated Allentown injury lawyers are happy to answer any questions or review your case for free. Please call us today at 1-800-222-USWA (8792) 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. Our Philadelphia premises liability attorneys represent clients throughout Pennsylvania and New Jersey including Allentown, Reading, Harrisburg and Bethlehem.

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:The owner/maintainer knew or should have known that the specific failure or failures would endanger the playground user.
    • Negligent control of the playground;
    • Negligent operation of the playground;
    • Failure to install safe equipment; and,
    • Failure to control other patrons.
  • 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.

Do I need a lawyer?

The simple answer is “Yes” – even if the insurance company or the playground contacted you, you should speak with an experienced Pennsylvania personal injury 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 legal team of Philadelphia accident attorneys by your side.

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 the Philadelphia playground accident lawyers at Galfand Berger 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 our Pennsylvania personal injury lawyers 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 injury 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.  Our Philadelphia injury attorneys can help.

Philadelphia Playground Accident Lawyers of Galfand Berger: Recoveries for Clients

 

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Galfand Berger, LLP


Attorney Advertising Materials. Wayne A. Hamilton is responsible for the content of this website. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

We serve clients in Philadelphia, Allentown, Harrisburg, Reading, throughout Pennsylvania and in New Jersey. Our offices are located in Philadelphia, Reading, and Bethlehem, Pa.

We work to protect the rights of clients who have been injured as a result of car accidents, defective products, unsafe equipment and machinery, workplace accidents, medical malpractice and any other serious injuries or accidents.

Galfand Berger LLP is located in Philadelphia, PA and serves clients in Pennsylvania and New Jersey, including Bala Cynwyd, Merion Station, Wynnewood, Philadelphia, Narberth, Gladwyne, Elkins Park, Cheltenham, Wyncote, Upper Darby, Ardmore, Glenside, Lafayette Hill, Havertown, Haverford, Flourtown, Darby, Oreland, Jenkintown, Drexel Hill, Bucks County, Chester County, Delaware County, Montgomery County, Philadelphia County.

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Phone: 1-800-222-USWA (8792)

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