There are many ways for children to get injured when they are out
and about. Unfortunately, they are seldom safe from themselves, but they should be kept safe from any defective areas or dangerous locations
. In schools and other places, playgrounds and play areas allow children to have fun and play with each other on equipment like swings and slides
. These different areas, though, can pose hazards, and children who suffer injuries may be permanently scarred. Parents of children who were hurt on defective playgrounds can take legal action against the responsible party
, whether that is a company, negligent supervisor, and more. Our law firm, the Downtown LA Law Group
, can make sure that you are given the fairest settlement available if your child has been hurt in a defective playground accident
What are some common problems at playgrounds?
Playgrounds can be present anywhere. They may be in schools
, where the teachers are supervising and a large number of children are playing at a time; in recreation centers
, where there may be few to no supervisors; in game establishments like Chuck E. Cheese’s
, where ample equipment is present but workers may not be looking over anyone; in public parks
, where there may be old materials; and in private homes, where merchandise and private jungle gyms can be located.
The playgrounds often consist of the basic equipment like swings, slides, fireman poles, tire swings, and monkey bars
. Many of the playgrounds have some kind of mulch, dirt, woodchips, or other cushion to help soften the landings of kids who jump or fall. However, other playgrounds are poorly designed and situated on top of hard asphalt and do not offer any cushion for children.
Playgrounds should be properly maintained and repaired. If there are issues or defects present parents should contact the respective authorities and file a complaint and see to it that the playground is fixed before it contributes to injuries. Some common problems at playgrounds include:
- Lack of guardrails or safety bars on equipment, which can cause children to fall off
- Floor hazards that have potholes, raised lips, or other issues that can cause children to trip and fall
- Narrow openings that may prevent children from escaping, leading to strangulation and entrapment
- Entanglement in ropes or wires that are present on some playgrounds
- Swing sets that are not properly attached in certain areas, such as loose seats or unfastened chains at the top of the bars
- Ladders that are not connected to equipment, have loose rungs, or are liable to break
- Rusty, worn, or otherwise defective equipment that can have all sorts of issues
- Improper surfacing, improper safety materials, lack of safety mats, and lack of padding that wil not cushion a child when he lands
- Lack of maintenance by workers and repairmen, which can cause materials to wear out much faster
- No supervision from adults, workers, or other people watching over the children
The different problems can lead to many accidents. For example, a child on the monkey bars may suddenly fall if the rung detaches or breaks, while a child on a swing can suffer numerous injuries if the chain comes undone while the child is swinging. Slides with loose nails or screws can cause scrapes, tears, and infections.
Find out more about how we can help you. Call (855) 339-8879 to speak with a representative now.
Regardless of the cause of the injury, you should be prepared to take legal action as soon as your child suffers the damage.
What kinds of injuries can children suffer at playgrounds?
Children can be hurt in numerous ways. Thankfully, children are very durable and heal much faster than adults, and some of the injuries that may lead to long-term complications in adults may not cause the same effects in children. Regardless, some injuries can be debilitating; examples include:
- Broken bones
- Traumatic brain injuries
- Brain damage
- Puncture wounds
- Crushing injuries
- Torn muscles
- Nerve damage
These injuries can result in a very large amount of medical bills for your family. Your child may take a long time to recover, and you should not be forced to spend years paying off medical debts. Let us help you with legal help to get the coverage you need.
Who is liable for the injuries my child suffered at a playground?
If your child were hurt at a playground, different parties could potentially be liable for the damages. There are a few kinds of liability that can be present. For one, there may be premises liability, which involves a property
. Property owners must be aware of the potential hazards and dangers on the property, and if an injury occurs on their watch or on their premises, they can be held liable. Premises liability requires one of the following:
- Owner knew about the hazard and did nothing to fix it or warn about it
- Owner caused the hazard himself
- Owned did not know about the hazard but reasonably should have
There is also the possibility that the playground equipment was made wrong or had defects. A product liability lawsuit can be filed in these instances. It is most common to file a product liability lawsuit when you have purchased a playground set or jungle gym for your own residence and injuries happened after setting it up. For a product liability case, at least one of these conditions must be met:
- A manufacturing error caused the defect in the product
- A design flaw caused there to be problems when the product was set up or created
- There were no hazard signs or warnings on the product or the packaging
Companies should always make sure that their items are properly manufactured and that there are no potential defects present. If so, they should issue a recall and refunds or repairs.
How can I file a lawsuit for a playground injury?
To file a lawsuit against the responsible party for injuries
your child suffered on the playground, you should follow these steps:
- Take pictures of the injuries your child suffered
- Take pictures of the playground and the defective or broken materials
- Interview any other eyewitnesses or individuals for their testimonies and statements
- Get the contact information of the party that owns the property or the company that sold the material
- Get medical treatment for your child and save all medical bills and doctor’s notes
- File a complaint if the playground injury happened at a business or entertainment location
- Contact a skilled lawyer who can represent you and handle your claim
You should focus on returning to daily activities and a normal life, as well as caring for your child, after such an accident has happened. You can rest assured that our lawyers will do everything necessary to win your case for you.
What is the statute of limitations to file a lawsuit for a playground injury?
Personal injury claims
in the State of California have a statute of limitations of 2 years from the date of the injury. If the lawsuit is not filed within that time period, you cannot receive any compensation for the damages. Children, though, are underage, and you can take one of two routes.
You may file a lawsuit on behalf of your child as the guardian, and the child will then be unable to collect anything in the future; or the child can wait until he or she turns 18 years old, at which point the statute of limitations will begin
. It is generally recommended to file a claim as quickly as possible to ensure that all evidence is kept intact and not lost or corrupted, and to ensure that the responsible party pays for the damages and does not go out of business, flee, or become bankrupt.
What kind of compensation can come from a playground injury lawsuit?
Our attorneys will seek the highest settlement available for your case. We will fight relentlessly to win you the following damages:
- Coverage for medical bills from the past and future, including surgery, hospitalization, medication and prescription drugs, physical therapy, and more
- Property damage for any lost goods or belongings
- Pain and suffering damages for emotional distress and psychological anguish
Learn more about your legal options: call (855) 339-8879 to speak with a representative now.
The value of your case will generally be determined by the insurance agent handling it. He will look at the extent of your child’s injuries, how much of an effect they had on his life, and more. We will then negotiate a fair deal from the offer.
How We Help
The Downtown LA Law Group
has a long history of representing clients whose children have been hurt in various kinds of accidents. We know the best methods for success and will do everything in our power to win your case. Our attorneys are aggressive and will not top pursuing your rightful restitution until we feel the offer is good enough. We will also take the case to court if necessary.
For a free legal consultation, call our law offices at (855) 339-8879
today. We will answer all of your questions and let you learn more about the legal process. We will also tell you how much we feel the case is worth. If you wish to have us handle your claim, we will also give you our zero fee guarantee. This promises that you won’t have to spend a dime of your own money on the claim. We will cover all the costs ourselves, and we will only get paid if we win. If we lose, we take nothing at all.
For the best playground injury lawyer in Los Angeles
, call the Downtown LA Law Group today at (855) 339-8879