Was Your Child Injured on the Playground?
Playground injuries are nothing new. Many of our readers have fallen or struck their heads on the playground as children, especially at school. Bruises, cuts, and scrapes are common and rarely impede a child from rushing to get back onto the swings or jungle gym.
However, some playground accidents are serious, and children can suffer significant injuries that require medical treatment. If your child was injured on a public or school playground, we might be able to help. Below, our Delray Beach premises liability attorney reviews the key legal issues in this type of case.
Identifying the Cause of the Injury
Most children are injured when they fall and strike the ground or a piece of equipment. But when we talk about the “cause” of the accident, we are really asking whether someone’s negligence contributed to the incident. This is called liability, and it means that the person or entity is legally to blame for the accident and your losses.
For example, the equipment on a playground could be in disrepair and dangerous. If so, then the entity responsible for equipment upkeep could be liable. A city or school should remove any defective equipment before it collapses or otherwise injures someone playing on it.
In other situations, inadequate supervision could be to blame. This is particularly true in the school context. Schools have an affirmative duty to supervise children—and they can be liable when they fail to do so.
For example, if children are sent out to recess with no adults present, then it isn’t surprising if they suffer injury. Perhaps the school did not schedule enough teachers, or they have a policy where children can be sent out without supervision. Your attorney can investigate the quality of supervision in the school.
Filing a Claim for Compensation
Compensation should cover the cost of treating your child’s injuries and reimbursing you for missed work and other losses. The precise steps you take to obtain compensation will depend on the defendant. For example, if your child was injured at school, then you might sue any of the following:
- Individual employees
- The school district
- The school board
If your child was injured on a public playground, you might sue the city or county government for failing to keep the premises safe.
Suing the government is difficult, since municipalities are generally immune from lawsuits. However, Fla. Stat. § 768.28 waives immunity in many situations, such as when people are injured due to the government’s negligence. Allowing playgrounds to fall into disrepair fits squarely within this waiver. We encourage you to meet with an experienced lawyer at Earnhart Law quickly so that you protect your rights.
Speak with an Attorney for a Free Consultation
Hours spent on the playground should be enjoyable and contribute to your child’s well-being. Unfortunately, dangerous playgrounds send many children to the emergency room.
For help making a claim, contact the Delray Beach personal injury attorneys at Earnhart Law. We have obtained millions for our clients and will carefully review your case. We have substantial experience bringing claims against government entities, so call 561-265-2220 today to speak with a member of our legal team.