Charlotte Playground Accident Attorney
Playgrounds should provide a safe place for children to play. Unfortunately, kids can get badly hurt or even lose their lives in a playground setting. When a child sustains an injury or is killed while playing at a school playground, public playground, or even a private playground, parents need to understand their options for recovering compensation.
A lawyer at Brown Moore & Associates, PLLC can help parents pursue a claim for damages after a child gets hurts. There may be multiple parties responsible and different legal theories that could justify a claim for compensation, so it is important for parents to consult with a professional for legal advice as soon as possible when a child sustains injuries.
Playground Injuries Endanger Children
Playground injuries can occur due to:
- Unsafe playground equipment
- Faulty or defective playground equipment
- Inadequate maintenance of playground equipment
- Inadequate supervision of children on playgrounds
- Unsafe flooring or ground cover material in the playground setting and
- Poor maintenance or design of playground equipment
Typically playground accidents involve children:
- Falling from the playground equipment
- Getting caught on or in between equipment
- Being cut or bruised on sharp edges of playground equipment and
- Being struck by equipment or other children in the playground environment
Who is Responsible for Playground Injuries?
When a playground injury occurs, it is important to determine who was at fault. Parents could pursue legal action against:
- A school, church, or daycare center with a playground
- The owner or operator of a public or private playground
- The designer of the playground
- The manufacturer of playground equipment or
- The builder of the playground
Parents can base their claim on premises liability laws, which make property owners accountable for injuries that occur on their property. Parents could also pursue a case based on negligent supervision, or based on design defects.
There are different legal standards used depending upon who the parents sue and on the grounds for their case. For example, if the case is based on a design defect, then product liability laws apply and manufacturers could be held liable for injuries that happen when the product is used as intended. If the case is based on premises liability laws, the nature of the relationship between the property owner and child visitors would impact the duties of the playground owner or operator.
If the parents wish to pursue a claim, however, they will need to prove that a failure on the part of the playground owner, operator, builder, or designer, was the direct cause of foreseeable injuries. The person who is being sued must have had a responsibility that was breached, and the injuries must have been a likely possible outcome of a failure to fulfill the responsibility.