You may think that taking your kid to a local playground will be a fun way to spend time and have them burn off some energy, but there's a risk that it could end in an injury. If your kid got hurt when using playground equipment, your immediate reaction may be to find out who is responsible for what happened. Here are some common questions you may have.
Can Someone Be Held Legally Responsible For An Injury?
If your kid was injured while playing rough with another kid, there is not much you can be done that would place blame on the playground being responsible. However, there are some reasons that could be viable in court for a personal injury lawsuit.
Sometimes injuries occur due to the equipment not being properly maintained. Metal equipment can rust and break from excessive wear, and wood can start to crack over time as well. While these may seem like unavoidable situations, be aware that it is the responsibility of the owner of the playground to perform proper maintenance. They have a duty to replace playground equipment before it breaks while being used, and not doing so could mean that they are neglecting it.
The design of the playground also plays a role in liability. For instance, a child should have a soft surface to land on if they fall off equipment, such as a soft surface like wood chips. Putting a concrete slab beneath a play surface is a poor design choice, and someone could be found responsible for doing so.
Who's Responsible For A Playground Injury?
Liability will depend on the type of injury that was sustained. If the injury was due to neglecting maintenance, then liability could fall onto the owner of the playground. It may take a bit of digging to find out who owns the playground, since it could belong to the government, a school, a non-profit, or a private entity.
The designer of the playground could also be liable if the injury happened due to their design choices. For instance, the equipment they manufactured may have been defective, making it impossible for the owner to know about the defect and react accordingly. The equipment may have been assembled improperly, causing it to break while a kid is using the equipment.
Dealing with a playground injury can be challenging, so consider working with a local personal injury lawyer that is willing to take on your case.
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