Who is Responsible for My Child’s Accident at a Playground?
Posted August 30th, 2017 by Anthony Carbone, PC.
Categories: Premises Liability.
It’s a beautiful sunny day. Your daughter wants to go to the park to play in the playground. Why not, right? She swings, she slides, she climbs. It’s a good day and your daughter is having a blast. That is until the accident occurs.
While swinging from the monkey bars, one of the rusted bars breaks and your daughter falls to the ground. The fall is pretty hard and your daughter sits there, dazed. You rush over and notice blood running out of her ear. You rush her to the emergency room. Could this accident have been prevented? Is someone responsible for this accident?
Playground Accident Statistics
You may not realize it but playground accidents happen quite frequently in the United States. According to the Centers for Disease Control and Prevention, ERs across the nation treat more than 200,000 children under the age of 14 for playground-related injuries. About 45 percent of these injuries are quite severe, such as internal injuries, fractures, concussions, and even amputations. Most of these accidents are occurring at public playgrounds, in particular at daycare centers and schools.
What is the most dangerous piece of equipment on a playground? It depends on where you are. For example, if your child is hurt in your own backyard playground, chances are the swing is responsible for the accident. However, in public playgrounds, climbers are responsible for the most injuries.
Who Is At Fault?
After a public playground accident, your first concern is for your child’s health. But who is responsible for the accident? Premises liability law tells us that those who own the property may be the one responsible for the accident. Taking the scenario above, it’s obvious the park’s equipment hadn’t been maintained properly. Since this particular park is maintained by the municipality, you may have a case against the government.
According to New Jersey state law, there are certain guidelines that public playgrounds must follow. According to the U.S. Consumer Product Safety Commission, all public playgrounds must be maintained regularly, be free of hazards, and have proper supervision. These guidelines are for not only municipal parks, but for schools and daycare centers. If your child is hurt because of the school, municipality or business had failed to adhere to these rules, then you have the right to sue.
Contact Our Premises Liability Attorney Today
If your child was injured in a playground accident, time is of the essence. Contact the Law Offices of Anthony Carbone today for a free consultation.