Philadelphia Premises Liability Lawyers
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 a bone fracture, dislocation, severe head injury and even in some cases, lose their lives.
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 legal responsibility to maintain the playground with due care as well as to follow the rules for safety, which have been established by the Consumer Product Safety Commission (CPSC).
Duty of care and the rules of the Consumer Product Safety Commission apply to all playgrounds throughout the state of Pennsylvania. Playgrounds at schools and recreational centers, which are maintained by a private or public entity as well as playgrounds on private property including those found at fast food restaurants all have the duty to maintain and operate a safe playground.
The CPSC tells us there are hazard patterns associated with playgrounds related to accidents. Playground hazards that can lead to playground accidents and cause injuries often involve:
- Unsafe or defective playground equipment;
- Unsafe maintenance of playground equipment;
- Unsafe surfaces beneath playground equipment;
- Inappropriate height of playground equipment;
- Inadequate supervision of children; and,
- Failing to post proper warnings or signage advising of the risk of serious injury while using the playground facility.
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 the 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, or the owner/maintainer knew or should have known that the following specific failure(s) 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 cause of the injury.
What duty does the owner/maintainer of a playground owe 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 best 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?
In the event we do not recover anything on your behalf, you owe us no money.
Should I be speaking to the representative of the playground or the insurance carrier?
If a representative of the playground or an insurance carrier contacts you, we advise you to contact the Philadelphia playground accident lawyers at Galfand Berger before speaking with them.
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. 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 clear 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 an Experienced Personal Injury Lawyer in Philadelphia Today
Our attorneys are experienced in representing playground and amusement park injury victims. We are happy to answer any questions and review your case for free. Please call us at 1-800-222-USWA (8792) or complete our short contact form and a member of our firm will contact you.
With offices in Philadelphia, Lancaster, Bethlehem and Reading, we serve clients throughout Pennsylvania and New Jersey. And, remember, there is no fee unless we recover for you.