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Here’s what to do if your child is seriously injured on the playground. Learn who is liable and how to get the most financial compensation for your child.
Emergency rooms regularly see more than 200 thousand kids under 14 due to playground-related accidents.
Traumatic brain injuries have been diagnosed in almost 20,000 of the youngsters hospitalized. Most playground injuries occur in children aged 5 to 12, with boys more likely to be injured than girls.
There are times when our children sustain completely unintentional injuries. But imagine if the playground accident hadn’t happened. If your child suffers a life-altering injury on a playground due to faulty equipment or the carelessness of others, you should seek financial restitution.
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Playground injuries typically result from one of a few common causes.
A playground is a great location for kids to get some fresh air, burn off some steam, and meet new friends. Unfortunately, our children’s playgrounds can also risk their safety. Playground injuries typically consist of
- Cuts and scrapes
- Fractures, most often in the arms
- Head injuries, including concussions
- Among the most common medical emergencies are dislocations
- internal bleeding.
Playground injuries usually stem from one of three main sources:
Most playground mishaps occur in supervised settings such as schools and daycares, not in public parks where parents and guardians can keep an eye on their kids.
It’s easy for educators and caretakers to become sidetracked. It’s normal for their attention to wander from one youngster to another if they’re responsible for more than one. Sometimes the person in charge of your kid is preoccupied with anything other than the kids, like a phone, or they simply aren’t paying attention to them.
Trips and Falls: The playground surface is a leading cause of serious and fatal injuries due to trips and falls. Children are at risk of injury from various sources, including playground equipment like monkey bars and pebbles, tree roots, and stumps.
Strangulation: Playground deaths typically result from strangling injuries. Swings, slides, jump ropes, dog leashes, clothes drawstrings, and other common playground equipment are all choking hazards for kids.
Child-on-Child Injuries: Injuries Sustained by Other Children: Some Kids Are Aggressive. They can become aggressive and possessive on playgrounds early, resorting to biting, clawing, and pushing other children off slides and other play structures.
Dog Bites: Some parents even bring their pets to public playgrounds, increasing the risk of dog bites. Some canines become unnecessarily aggressive when exposed to the frantic energy of youngsters at play. Most dog bite victims are children.
Inadequate Maintenance: It is the responsibility of both public and private bodies to keep playgrounds in safe working order. After some time, playground equipment can rust, rot, and splinter. Unsecure or damaged guardrails provide a safety risk.
Faulty Equipment: Children can be hurt by playground equipment that has been poorly designed, made improperly, or does not come with proper care instructions.
Unsafe Playground Surface : Unsafe Playground Surface All playground equipment should be set on a cushiony surface like sand, rubber, woodchips, or mulch to prevent injuries. A child’s fall should be cushioned by equally distributed material and deep enough.
Injuries to Your Child and the Law
When your kid is hurt at the playground, whose fault is it? Possible defendants include the following groups or individuals:
- Whoever was overseeing kids at the playground,
- whoever made the playground equipment,
- the parents of the kid who hurt your kid, and
- whoever owned the dog that bit
- your kid might all be held liable for your kid’s injuries.
Playground safety is the responsibility of the property owner and management. This means that they should make necessary repairs to the playground and remove any hazards to protect the safety of the children who are permitted to use it.
Schools, daycares, shopping centers, and restaurants are just a few businesses that might be considered playground property owners.
Manufacturers of playground equipment must adhere to mandatory consumer safety standards. Playground injuries could be severe if the equipment was poorly designed, built, or maintained.
People working in educational institutions and child care facilities have a special responsibility to safeguard the youngsters under their supervision. Translated from Latin, “in place of the parent” refers to the extremely high degree of care that is to be provided by a teacher or daycare provider.
The parents of the offending child are legally liable for any damages their child causes. When a child causes an injury, many states hold the parents financially responsible.
When a dog attacks a child without provocation, the owner is accountable regardless of whether or not the dog was leashed.
Each of these people has a duty of care to your kid, which means they must take reasonable precautions to keep your child safe. More legal and legislative jargon about playground injury claims:
- Negligence occurs when a person with a duty to exercise reasonable care fails, such as a property owner, manufacturer, instructor, or daycare provider.
- The term “liability” refers to the state of being accountable.
- Damages for an injured child might include medical bills, out-of-pocket costs, and emotional distress and are often paid for by the responsible party, such as a property owner. The future earning potential of a child who has sustained a permanent injury may also be at risk.
A child’s family who has been hurt will not be able to sue for their mental anguish and expect to win. However, if the child has had life-threatening injuries, the attorney may file a claim for loss of consortium on behalf of the parents. This refers to the parent’s inability to enjoy their child’s support, affection, and company.
How to Prove a Claim for a Playground Accident
There is often no one to blame when a child is hurt. Accidents will inevitably occur. The burden of proof is with you and your child’s attorney when it comes to establishing that another party or parties were responsible for your child’s harm. To establish liability, you must show that the other party acted negligently or failed to act as a reasonably prudent person would have.
You’ll need to prove the following to file a claim against the landowner:
- The owner was responsible for maintaining the playground and
- should have known that children would use it.
- The owner should have also known that a dangerous
- condition existed on the playground and
- should have taken reasonable precautions to prevent injuries to children.
You’ll need to prove three things to win a case against a school or daycare:
- The supervisor owed your kid a duty of care.
- The supervisor failed to supervise your child adequately.
- The supervisor’s failure to monitor your child adequately caused your child’s injuries.
You need to provide evidence of the following to claim a producer:
Your child’s injury was the result of several factors, including
(1) the manufacturer’s failure to follow applicable safety regulations,
(2) the playground equipment’s inherent flaws,
(3) the manufacturer’s knowledge or reasonable inference that its products were dangerous to children, and
(4) the equipment’s direct causal relationship to your child.’
Dog bite injury claims may require proof of the following.
- The attack was not the result of provocation by your child,
- the owner’s lack of control over the dog’s behavior was a contributing factor.
Different jurisdictions have enacted varying dog bite laws. Where you live could affect the weight of your proof.
Our Legal Resource for Dog Attacks on Children is Available to Parents.
Collecting Data for Playground Accident Claims
It is the parent’s responsibility to establish negligence when their child is wounded in a playground accident. You’ll need solid evidence to show that the accident was someone else’s fault and to back up the compensation you’re seeking for your injured child.
It’s important to start gathering proof right away:
In Need of Immediate Medical Care: If your kid gets hurt and isn’t rushed to the hospital from the playground, you should get them checked out as quickly as possible. When your regular pediatrician isn’t available, you should seek care in a hospital or urgent care clinic.
When taking your child to the doctor or a specialist, be as specific as possible about the circumstances surrounding the injury, including the time, place, and manner in which it occurred.
If you wait too long to take your child to the hospital for treatment, you may severely weaken your child’s injury claim and make it impossible to prove that the injuries occurred on the playground.
Pictures and Films: Pictures and movies can be quite helpful. They can provide visual evidence of the hazardous environment that led to your child’s accident. You must act promptly to capture and video the scene since the playground property owner or manager may rush to rectify the unsafe condition.
It is important to document your child’s injuries as soon as possible after an accident and continue doing so as he or she heals. Take a look at these photographs to see your child’s pain. Pictures of your kid in a cast, a wheelchair, or hospital bed can be quite convincing.
Statements from Witnesses: It is crucial to have written or recorded statements from any witnesses to the incident. They can attest to the injury’s origin and the subsequent distress your kid felt.
Let’s say your kid gets hurt at daycare when they fall off the top of the slide. You have evidence to suggest that the accident would not have occurred if proper supervision had been in place. Attempt to locate other adults who might have witnessed your child’s fall, such as other parents or daycare workers. Get them to sign and date a written statement detailing all they saw and heard.
Talk to other parents whose kids go to the daycare to find out if they’ve noticed any issues with monitoring and if they’ve voiced any concerns to the facility’s administration. You should have them put their thoughts and feelings, their signature, and the date on paper.
According to First Responders: The cops will likely show up if paramedics are called to treat your child’s injuries. Explain in detail what transpired that resulted in your child’s injuries. Direct the police to witnesses and dangerous areas that may have contributed to the injuries.
A copy of the police report can be obtained online or by mail for a small cost within a week or two after the incident has occurred.
Damages must be proven for a personal injury claim to be successful. Playground liability claims based on conjecture or motivated by resentment toward the property owner or employees will be rejected.
Get a copy of your child’s medical records and the associated costs from the playground incident. All or some of the following may be included in medical records and bills:
- Trauma care provided by a life-
- Medic response teams,
- including ambulances and paramedics
- A&E: the emergency room
- Dental care Mental health care Rehabilitation services
- Specialist care from neurosurgeons,
- orthopedists, etc.
Any money spent on medicine, aids, bandages, etc., that weren’t covered by insurance should be kept as receipts.
Your reimbursement request might include the cost of a tutor, books, and supplies if your child requires them due to a lengthy recovery.
Your attorney may pursue compensation for your child’s lost earning potential if the injury renders him or her permanently incapacitated.
Document your child’s injuries, treatment, and progress in healing in a diary. Don’t forget to document the dates, times, and durations of your child’s pain, doctor’s visits, and other responses to the injury. Details like bedwetting, terrible dreams, and missing out on social or athletic events are important.
The journal will help support fair pay for your child’s pain and suffering, but the medical records and bills will be the most important factors in determining compensation.
Legal Representation for Your Minor Child
Your child may be eligible for a small compensation from the insurance company once they have fully recovered from any sprains, bruises, cuts, or scratches sustained on the playground.
Contacting the insurance companies of private schools and daycare centers should be simple. Some public institutions have insurance to cover student claims of minor injuries.
Disputes with Public Agencies
Injuries on playground equipment are common in public places like schools and parks. Because they are owned and operated by the state or local government, suing a public institution such as a school or park can be daunting.
When filing damage claims against government institutions, the deadlines are short, and the rules are complicated. Your claim will be rejected if any errors are made.
Complex claims, such as those involving government injury, product responsibility, permanent disability, or wrongful death, require the assistance of legal counsel.
The claim of Serious Injury
Your child will need an experienced personal injury attorney if he or she has suffered a serious accident such as a brain injury, broken bones, disfigurement, or another costly claim.
The best evidence in the world won’t help your child’s case unless you hire a qualified attorney who knows the law and how to use it to maximize your child’s compensation.
Regarding compensation for minors, most jurisdictions have their own set of standards. An attorney can help ensure that the negligent party pays for any trusts or annuities in your child’s name.
There is no time to waste. Avoid trying to handle a claim involving a catastrophic injury sustained on a playground on your own. Learn more about what an accomplished personal injury lawyer can achieve for your family at no risk.
Serious Injuries Occur Frequently On Colorado Springs Playgrounds
Colorado Springs, like any other major American city, is home to thousands of public and private playgrounds that the city’s young residents heavily utilize. These centers can be great for families because they provide a safe place for children to burn off some of their boundless energy while developing important social and physical skills.
Unfortunately, these risk-free zones can hide hidden dangers frequently due to carelessness on the part of whoever is in charge of the playground’s upkeep or development. More than 200,000 kids under 14 are treated annually in emergency rooms for playground-related injuries, as reported by the Centers for Disease Control and Prevention (CDC).
Not only can younger kids utilize playgrounds, but older kids and adults can also get hurt there, whether they’re supervising younger kids or just getting some exercise. A surprising number of grownups use jungle gyms and other playground equipment as impromptu weight stations when they’re out for a jog or other exercise.
Why do kids get hurt on playgrounds?
Clumsiness or carelessness on the part of the injured party is one cause of playground accidents. Therefore, not all injuries sustained on a playground constitute grounds for legal action.
However, sometimes accidents happen on playgrounds because of carelessness on the part of those in charge of the playground’s design, construction, or upkeep. Dangerous playground conditions are often the result of neglect, and some of the most common forms include:
- Dangers include loose screws and bolts,
- sharp edges,
- slick floors,
- contaminated products,
- exposed hardware, and pinch points.
- Poor maintenance;
- lack of guardrails on platforms;
- the danger of entrapment;
- the proximity of equipment;
Naturally, a plethora of additional possible risks could be present on a playground and lead to an injury. Anyone injured on a playground in Colorado Springs should consult with a knowledgeable premises liability attorney as soon as possible after the incident to determine whether or not the circumstances of the injury constitute legal negligence.
Which types of injuries are most common in playground mishaps?
The potential harm that could be done on a playground is practically infinite. Some are more evident than others; a shattered bone from a bad fall is one example, while a severe illness from a cut on contaminated garbage is another. However, some playground injuries are more common than others. Here are some of the most typical examples:
- Bone fractures
- Concussions and other forms of mild traumatic brain injury.
- Injuries are possible,
- including lacerations,
- burns, and spinal cord damage.
These wounds can vary from moderate to severe and, in rare cases, cause permanent health problems that drastically affect the victim’s future. Those who suffer harm due to another’s negligence in Colorado are protected by the state’s tort law and may seek compensation for their actual and potential damages.
When an injured party is a young person, these compensations can be especially crucial because some injuries require long-term medical care and treatment and may prevent the victim from taking advantage of possibilities later in life.
Contact a Colorado Springs personal injury lawyer to arrange a no-cost initial consultation.
If you or your child has been hurt on a playground, you may be entitled to financial compensation for medical bills and other losses. The Warrior, Personal Injury Lawyers in Colorado Springs, are committed to assisting victims of preventable accidents in pursuing justice by legally holding those responsible for their harms and losses liable.
Every personal injury case we accept is handled on a contingency fee basis, which means that we do not get paid unless we get compensation for you. Call our office right now to set up a no-cost appointment with one of our attorneys.
When a Child Suffers an Injury on the Playground, What Are Your Options?
Playground injuries are a common occurrence on public and private school grounds. Playground equipment and lack of supervision are common causes of these incidents. Your child may have legal recourse against the school, the school board, and/or a school employee if he or she has been injured on the school playground due to the negligence of another person or due to playground equipment that was poorly maintained or made. If the incident occurred on a playground owned by a city or county, you might be entitled to bring a claim for damages against those entities.
Playground accidents are serious, and the Colorado Springs attorneys at Warrior Personal Injury Lawyers will help you get the compensation you deserve, whether that’s through a settlement or a trial.
Taking Legal Action After a Playground Accident in Colorado
A school board, school district, or individual school staff who was on duty at the time of the incident and therefore responsible for overseeing the students on the playground could all be named as defendants in a case involving injuries sustained by students on the playground.
The failure of a city, county, or other local governmental organization to properly maintain or repair defective playground equipment could be grounds for a claim or lawsuit in the event of an injury sustained on a playground.
Remember that if you want to sue a local government in Colorado, like a school board, school district, or even a city or county, you have a very short window of time to do so. A Colorado Springs playground injury attorney should be contacted without delay, as time may be of the essence in your case.
Hiring legal representation may ensure that your claim is processed and filed on time. As a bonus, having legal representation will guarantee that your claims are directed at the correct defendants and that all possibly liable parties are included in your lawsuit.
The Obligation to Provide Sufficient Supervision on School Playgrounds
In a playground injury case, the injured party must usually show that the defendant(s) owed the wounded kid a duty of care and broke that obligation, causing the child’s injuries and damages.
Colorado law imposes an affirmative duty on school staff and administrators to provide adequate supervision of kids in school settings (including at school-sponsored events) and a legal obligation on school districts to exercise reasonable care in supervising pupils in their care.
Suppose a student is injured or attacked on school property (including the playground) because the school, the school board, a school employee, or an administrator breached one or more of these care duties. In that case, the defendant(s) may be held accountable to the injured student.
- Absence of Responsible Supervision and Security problems in public or school playgrounds
- Several scenarios exist in which playground security and supervision are negligent:
- Students on school playgrounds are not being adequately monitored.
- The lack of sufficient training among the school’s faculty
- Dim lights
- Security cameras inside and outside the building are either inadequate or not.
- Controls and safeguards that are insufficient or nonexistent in certain situation
- negligence in not preventing obvious dangers
- Inaction in the face of illegal activity on the premises
The foreseeability of harm is crucial in establishing whether a school, school board, employee, or administrator is liable in a lawsuit involving negligent security. The Colorado courts consider the following considerations related to foreseeability in such cases:
- When referring to the school’s location,
- Experience with past playground incidents and accidents
- Awareness of potential threats to the schoolyard
- Understanding the potential threats posed by fellow students and faculty
- Injuries Sustained on the Playground
- Playground accidents frequently involve personal injuries, such as those listed below.
- Injury from overuse
- Abrasions, scrapes, and bruises
- Head trauma injuries (TBIs)
- Bone breaks and fractures
- Trauma from sexual attack
- Physical harm from bullying and altercations
- Insomnia triggered by a traumatic event (posttraumatic stress disorder) (PTSD)
Mild Traumatic Brain Injury Injured While Playing on a Playground
Most traumatic brain injuries (TBIs) in children result from a blow or impact to the head, which causes the brain to smash into the front and/or back of the skull. Long-term traumas and effects may result, especially for young people whose brains are still forming.
If a child is injured on a playground, a traumatic brain injury (TBI) can happen if the child falls from a swing and hits his or her head on the ground or another playground object.
Traumatic brain injuries can range from quite minor to extremely severe. Mild head injuries, especially in children, can have long-lasting consequences, and it’s crucial to remember that MRIs and other imaging techniques don’t always reveal the full extent of the damage.
Also, if you’ve suffered a traumatic brain injury, you might need a lot of time to get better and a lot of medical care for a long time.
Get a free consultation with a Colorado Springs playground accident attorney today by calling 719-300-1100.
Parents shouldn’t need to worry about their children getting hurt while they’re having a good time on the playground. Parents trust the school staff to look out for and safeguard their children. Schools, municipalities, and counties are held to a higher standard of care regarding playground equipment.
You or your child may have a legal claim against a school, school board, school employee, school district, city, county, or municipality if you believe your child was hurt on a playground because of someone else’s negligence. Warrior Personal Injury Lawyers has experienced personal injury attorneys standing by to help you take legal action against those at fault.
Contact us today via phone or online to set up a no-cost consultation with a Colorado Springs playground injury attorney.
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