When school starts up, parents send their kids off trusting that they will be safe getting there, getting home and stay safe throughout the day. However, while serious accidents are statistically rare, sometimes kids get injured on the playground at school or at a school event.
Causes of Playground Injuries
Playground equipment should be relatively or reasonably safe. While there is some inherent danger on a playground based on the interaction with the equipment (tall slides, swinging in the air, climbing on poles), the law requires that playground equipment be safe considering its intended use.
There are certain types of accidents that happen in playgrounds that commonly cause injuries. A fall is the most common playground injury; however, the injury can also come from lacerations, punctures wounds, crushes, and any other action that might cause an injury.
Several common playground facilities can cause injuries:
- Monkey Bars
- Spring Riders
- Any other playground structures
Defect in Design or Manufacturing
Another way a child can get injured on a playground is from a problem with the equipment itself. If the maker had a defect in the design or a manufacturing weakness or problem that can make the equipment unsafe, then the injured victim might have a claim against the maker of the equipment.
Making a Playground Injury Claim
It’s not as simple as my child got hurt, so someone owes compensation. The law requires that the victim prove that the owner of the playground was negligent and that it was their negligence that caused significant damage.
The owner of the equipment might have been negligent in setting up the equipment, maintaining, repairing, removing and any other related activity. Pennsylvania Law requires the injured to show one of three conditions existed at the time of the injury:
- That the owner knew of the dangerous condition and did nothing to fix it.
- That the owner should have known a dangerous condition existed and didn’t take steps to fix the condition.
- That the owner negligently created the dangerous condition.
Defenses to Playground Injuries
The law allows the owner to take reasonable steps to fix a hazard found at the playground. If a bar is damaged and has sharp metal sticking up, then the law gives the owner a reasonable time to fix it. Just how long is that? There is no cut answer, the law says that it will judge the actions of the owner based on what a reasonable owner would do under similar circumstances.
Common Types of Playground Injuries
Playgrounds are designed to have children run, climb, swing and jump. While this can be some serious fun, it can also lead to serious injury if proper precautions aren’t taken. Some potential playground injuries include:
- Traumatic Brain Injury
- Severe Concussion
- Broken Hips
- Broken Wrists
- Other Fractures
- Severe sprains
Do I Need an Attorney?
Many people wonder if they need an attorney to make a claim. In many cases, it’s not necessary in every case, but any premises liability claim is difficult to make. You are going up against an owner and insurance company both of whom have experience in handling these cases. They know how hard it is to make the claim, and they know the weaknesses and defenses.
You need to talk to someone who has the same experience in making successful claims. Someone who is going to be on your side and can make the system work for you. They offer a free consultation so that you can ask questions and be informed.
Call the Pearce Law Firm, P.C. today at (215) 600-2437 or text at (215) 880 6164. You can also send them a message online by clicking here. They have the experience and knowledge necessary to help you.