School Liability for Playground Accidents

Sadly, the number of children who die each year from playground accidents is in the mid-teens.  The Consumer Product Safety Commission Playground Safety Guidelines establish whether or not a playground accident at a school can be determined to be the result of negligence.

When is a School Playground Accident Negligent?

The first measure of whether injuries at a school playground are accidental or negligent is based on the playground equipment.  All equipment must be properly maintained, provide adequate space and be properly installed. Failure to meet these basic requirements can result in a school being held liable.

Supervision is critical to safety in school playgrounds. Not only should the school provide adequate supervision, but the staff supervising should have basic knowledge of the age-appropriateness of the equipment.  Some younger children should not be using certain equipment and supervisors should be aware of which equipment is most suitable for the age group they are monitoring.

School playground design is also a factor in determining negligence. If separate play areas are not well marked, it could result in an accident being deemed negligent.

Accidents Can Still Occur

Even with the best supervision, perfect equipment and a well laid out playground, accidents can still occur. School teachers and monitors must be very diligent in monitoring children on the playground to prevent accidents. 

Playground Safety Standards are Not Standard

Not all states have adopted playground safety standards.  However, this does not prevent a school from being held liable for playground accidents.  It is important to know that not all school playground accidents can (or will) result in negligence charges.  Courts can hold schools liable for injuries suffered in playground accidents if they believe that the accident was a result of negligent supervision or inadequate equipment safety procedures being followed.

Summary

Schools are required to exercise a measure of safety when children are playing in the playground. This includes adequate supervision.  If a child is injured and the parent believes that the injury could be a result of lack of supervision, they may be able to successfully launch a personal injury claim on behalf of the student and the school could be held liable.