Who Is Responsible For A Playground Accident?
Playground accidents are a prevalent issue in the United States as each year emergency departments treat over 200,000 children under the age of 14 for an injury sustained on a public, private, or school operated playground.1 The types of injuries and extent of damage varies by incident, but approximately 45 percent of the play-ground related injuries result in severe fractures, internal injuries, concussions, dislocations and amputations.2 The location of the playground plays a significant role in the type of injury children sustain. For instance, on public playgrounds climbers are the main source of injury where on home playgrounds most injuries are caused by swingsets.3 According to the Centers for Disease Control and Prevention, the location of the playground also correlates to the likelihood of an injury occurring since 75 percent of nonfatal injuries occur on public playground equipment at schools and daycare centers. Depending on if the playground accident occurred on public or private property effects who can be held liable for the resulting injuries.
Liability For Playground Injuries
Determining who is responsible for a playground accident relates to the cause of the injury. Two common reasons that playground injuries occur is due to a lack of adult supervision or due to poor maintenance of the playground equipment.4 One of the primary liable parties is directly related to ownership of the playground. If the playground is at a local park or public facility it is likely owned by the city or town it is located within. Parks are normally owned by either the state or federal government. Other playgrounds can be owned by public schools, private schools, churches, restaurants, private businesses, or individual home owners. Each of these forms of liability is based on the ownership of the premises in which the playground is located on, but liable parties can also include the individuals or entities responsible for designing, constructing, assembling, maintaining, or monitoring the playground equipment.5 In some of these instances, a products liability claim may arise if there is a danger or defect in the playground equipment.
Contact an Experienced St. Louis Personal Injury Attorney for a Free Consultation
If your child has been involved in a playground accident, it is important to discuss the circumstances of their injury with an experienced personal injury attorney who can help to protect their legal rights and interests to compensation. To contact a personal injury attorney for a free consultation please feel free to call the The Bruning Law Firm trial attorneys at 314-735-8100.