Defective Playground Equipment Injuries and Legal Options

One of the best times that your child can have is also the simplest: Take them to a playground. That is where they can spend hours on the swings, the slides, and climbing around the structures. In fact, having a playground in a neighborhood helps boost the property values of surrounding homes.

That means everyone wins with a playground…unless there is an unfortunate accident.

Kids taking a tumble and getting hurt at the playground is not uncommon, but what if the injury is caused by defective playground equipment? Should you be obliged to pay the medical expenses for an accident caused by someone else’s negligence?

The short answer is “no.” If it can be established that the playground equipment was defective, it can be grounds for a premises liability claim.

Common Types of Defective Playground Equipment Injuries

When a child falls from a playground structure, it could be because they lost their grip or balance. If that same structure had defective handholds or was made of slippery material, it could be considered a defect.

When equipment is poorly designed, not installed properly, or not maintained, it can lead to the following types of injuries.

• Broken bones and fractures
• Concussions and traumatic brain injuries (TBIs)
• Spinal cord injuries
• Strangulation or entrapment injuries
• Lacerations and puncture
• Burn injuries from overheated metal slides

Design flaws can also create tripping hazards, while manufacturing defects can compromise the equipment’s structural integrity. Those should all be considered when preparing a premises liability claim.

Identifying Liability for Playground Accidents in Mississippi

The immediate concern after a playground accident is to make sure your child receives the medical care they need. After that, you’ll need to review what happened to see if there’s a liability issue.

Under Mississippi law, you could hold several parties liable for your child’s injury. That includes the following:

• Equipment manufacturers
• Distributors or installers
• Schools or daycare centers are responsible for supervision and maintenance
• Municipalities overseeing public parks
• Private property owners

Suppose the accident occurred at one of Jackson’s many public parks, such as Battlefield Park, Laurel Street Park, Parham Bridges Park, or LeFleur’s Bluff Playground. If it can be established that the injury was caused by defective or improperly maintained equipment, the city could be held responsible for your child’s injuries.

Taking on the city agencies requires meeting strict filing deadlines and following the proper procedures.

The Jackson premises liability lawyers at Pittman, Roberts & Welsh, PLLC can provide the guidance to help you navigate through the claims process from the first filing to the final resolution.

The Role of Product Liability in Playground Injury Claims

How does the issue of product liability come into play with a playground injury?

Product liability law allows you to hold manufacturers accountable when it can be proven that their products were unreasonably dangerous.

In a playground equipment injury case, you need to establish whether a design defect made the product inherently unsafe. It is the kind of thing that might not be discovered until kids have a chance to play on the equipment. There can also be a manufacturing defect.

That’s when a flaw is created during the production process. For instance, if assembly screws aren’t tightened, it could lead to cuts. There’s also the issue of failure to warn that comes into play with these types of cases. If the manufacturer did not provide adequate safety warnings, they could be held liable.

How to Document Evidence After a Playground Accident

It is generally understood that kids will take the occasional tumble. They’re still figuring out how balance works.

However, that doesn’t mean every fall happens just because the child lost their footing. When defective playground equipment is the cause of the accident, you’re entitled to seek compensation for your child’s injuries.

If you file a personal injury claim, you need evidence to support your assertions.

The most important thing you can do is document your child’s injuries and the condition of the playground. Obviously, in the moment after the accident, getting your child to the ER or urgent care will be the priority. Once they’ve been taken care of, you need to return to the playground and take photos and videos of the equipment from all angles.

As your child begins to heal, you should also take photos of their injuries and maintain copies of all the medical records. You should also keep a journal of your child’s recovery.

It’s also important to obtain any names and contact information from any witnesses.

This is something that you might need to return to the playground to gather.

Why You Need a Jackson Personal Injury Attorney

Filing a premises liability claim will be a challenge. If you prevail, it means the property owner or the product manufacturer accepts responsibility for the accident. That can open up the floodgates of other parents whose children were hurt similarly. That’s why the insurance companies will put up a strong defense, but that is no reason to back down.

The skilled premises liability attorneys at Pittman, Roberts & Welsh, PLLC have helped many clients obtain the maximum compensation they are entitled to for their child’s injuries resulting from defective playground equipment. We know what it takes to identify the relevant parties and prove their liability.

It takes a deep understanding of the laws and regulations to prevail in these types of cases.

Pittman, Roberts & Welsh, PLLC provides that understanding along with compassionate support. We can take over all the negotiations so you can focus on helping your child feel better.

If you’re unsure about whether you should pursue this matter, we can provide guidance.

Call to schedule a free case review today. Getting the answers about your options can make a world of difference.