Child Injuries on a Playground: Liability and Injury Lawsuits

Playground injuries are the leading cause of injury to children ages 5 to 14. It is estimated that one-third of playground equipment-related deaths and 75% of playground equipment-related injuries occur on public playgrounds. Strangulation resulting from entanglement and entrapment is the primary cause of playground equipment-related fatalities, accounting for nearly 56% of the deaths.

Falls are the most common mode of playground injury and account for approximately 80% of all playground injuries. Falls to the surface are responsible for an additional 20% of the deaths, while 10% involve falls onto the equipment. Kids tend to fall due to slipping, losing their balance, losing their grip, or while playing on swings, monkey bars, seesaws, slides and merry-go-rounds.

Head injuries are involved in 75% of all fall-related deaths associated with playground equipment. Traumatic injuries to children can include severe brain damage, broken bones, spinal injuries, injuries to internal organs, dislocations, concussions and amputations.

Liability for Playground Injuries

When a child is injured or killed in a playground accident and litigation ensues, the defendants frequently include those responsible, which may be:

The equipment designers
The people who installed the equipment
Those responsible for maintaining the equipment
The individuals responsible for supervising children at play

Many deaths and injuries could be prevented if playgrounds were designed with safety in mind. Some states have adopted the Consumer Product Safety Commission’s Playground Safety Guidelines which focus on a three-pronged standard of care that include:

Supervisors must provide the highest duty of care to prevent unreasonable risk of injury
The playground design allows for gradual challenges and skill development
The playground is properly installed with adequate space to prevent overcrowding and ensure safe play

While the duty to install safe surfacing belongs to the playground operator, a manufacturer must warn of the need for safe surfacing under its equipment. In order to hold the operator responsible, the plaintiff must prove the defendant had actual or constructive notice of a dangerous condition. It is the responsibility of the playground operator to conduct inspections to ensure the safety of those who use the equipment. The manufacturer may also be held liable if it is determined that a flaw in the manufacturing or design was responsible for the injury.

Filing a Lawsuit for Injury Damage

Injuries resulting from unsafe playgrounds fall under the area of law known as Premises Liability. Property owners have a duty to provide a safe environment for people on their property. If they fail to do so and someone is injured as a result, they may be held liable for the injured person’s medical expenses and pain and suffering. In order to prevail in a premises liability lawsuit, you must be able to prove the following:

That the property owner had a legal duty to you
That the property owner knew, or should have known that there was a dangerous condition
That the property owner had an opportunity to repair or remedy the dangerous condition
That the property owner’s failure to take appropriate action was a direct cause of the injury

Help From a Lawyer

If you or your loved one has suffered a serious playground injury, it is important for you to contact a personal injury attorney. They can help determine who may be responsible, whether it is the manufacturer, the designer, the installer, or the people maintaining the equipment. They can work on your behalf to obtain the compensation you may be entitled to.

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