Nothing beats a day out at the park with the kids. Around Jackson, you have plenty of playground options, from Aaron Henry Park to Battlefield Park to Fairmont Park to Grove Park. As every parent knows, it’s common to come home from a playground session with a few scraps and cuts.
What you don’t expect is a trip to a playground to end in a trip to the emergency room.
If your child has been seriously injured at a public playground, you might have an opportunity to file a premises liability claim. You’ll need the support of experienced legal counsel and a strong understanding of the challenges that come with filing these types of claims.
What Are the Grounds for a Playground Premises Liability Claim?
Before you can move forward with a playground premises liability claim, you have to establish the grounds for your case. There is no escaping the fact that kids occasionally get hurt at a playground, but those injuries shouldn’t come from the equipment itself.
These are some of the scenarios that can trigger a premises liability claim:
- Poor Maintenance: The owners of a playground are responsible for maintaining the equipment and the surrounding area. Just because the equipment is exposed to the elements doesn’t mean it should be left uninspected. If anything, those elements can lead to rust and wear that need to be tended to before they cause an injury.
- Inadequate Surfacing: Kids will be jumping down from swings, slides, and other playground equipment. Ideally, they should land on shock-absorbing materials like mulch or rubber. Those services need to be properly maintained.
- Design and Installation Flaws: Equipment that features hazards such as protruding bolts, dangerous gaps causing head entrapment, or poor spacing.
- General Safety Hazards: Unseen dangers on the ground around playground equipment can include broken glass or trash. Property owners need to take reasonable care to keep those areas clean.
When Product Liability Overlaps With Premises Claims
The key factor in a premises liability claim is determining who is accountable.
That investigation begins with determining who owns the playground. Is it the city, school district, daycare center, or private entity?
Whoever the property owner is, they are responsible for implementing a consistent maintenance plan that includes routine inspections and repairs. That maintenance plan should include all of the playground equipment and the surrounding surface. If an issue is identified during an inspection, warning signs should be posted to “shut down” the playground until repairs can be made.
On the equipment side, the manufacturer can be held liable for structures with a design flaw or a manufacturing defect. There could also be an issue with “failure to warn.”
For instance, certain pieces of equipment might have age restrictions that should be posted.
There may be situations where liability claims overlap. For example, the manufacturer might provide safe equipment, but the property owner or their third-party contractor may not install it properly.
Would the fault be with the installation or the design?
What if a piece of equipment has a known defect, and the property owner is aware of it?
This might happen if a recall is issued for the equipment. If the property owner doesn’t remove or repair the equipment, they could be held liable for any accident that occurs.
Documenting Evidence After a Playground Injury
When your child is hurt at the playground, your immediate focus is to get them medical attention.
That will mean a trip to urgent care or an ER. Once their injury is treated and they’re stable, you need to make time to return to the accident scene to document the playground equipment.
Take photos and videos from every angle of the area where the injury occurred. You should also take photos of any warning signs (or lack thereof) and any visible hazards. If possible, try to obtain statements from any witnesses. You might have to return the following day to see if you can meet those people who were at the park.
It is also important for you to take photos of your child’s injury and recovery journey. You’ll need to make copies of all the medical records and treatment recommendations.
Additionally, you’ll want to keep all communications you might have with the property owner, school, daycare, or park operator. The more evidence you can present with your claim, the stronger your chances are of prevailing.
How a Jackson Personal Injury Lawyer Can Help
No parent wants to see their child hurt. It is even worse when that injury could have been prevented had it not been for a property owner’s negligence. No one expects a playground to be monitored and inspected every single day. However, reasonable care should be taken to maintain a safe environment.
When the owner fails in that duty, and a child is hurt, the parents are entitled to seek a remedy.
The legal team at Pittman, Roberts & Welsh, PLLC can help with that.
We offer representation in personal injury claims backed by 150 years of combined negotiation and litigation experience. When we agree to help a client, they benefit from the full expanse of that knowledge. Our goal is to always build a strong case that leaves no doubt who is liable for an accident and what damages need to be compensated.
If your child has been injured on a playground and you have questions about your legal options, contact Pittman, Roberts & Welsh, PLLC for a free consultation. Our team can explain your rights, discuss potential obstacles, and provide guidance on what should happen next.
Let’s talk about what happened to your child and how we can help.
