A playground is an excellent place for kids to play and interact. They get to engage in a range of activities on jungle gyms, swing sets, slides, and other recreational equipment.
However, playgrounds can also be dangerous for kids, especially when they cause injuries. Statistics show that over 200,000 children, who are less than 14 years old, are admitted to the emergency room every year, due to playground injuries.
Twenty thousand of them are treated for traumatic brain injuries. Other common playground injuries are bruises and scrapes, broken arms, dislocations, and internal injuries. If you are having these issues and would like to learn more click here: Wilmington personal injury lawyers.
The most common cause of playground injuries is negligent supervision. While parents entrust their kids to a school’s care, teachers and daycare providers can get distracted when supervising so many children. Taking their eyes off of them, even for a few minutes, can lead to trips or falls.
Also, improperly maintained manufactured equipment, unsafe grounds, and damaged equipment can put kids at risk of injury. Parents, whose kids get hurt as a result of these reasons, should take legal action against the school, school board, or the individual entrusted to take care of the children.
Parties Liable For Your Child’s Injuries
Several parties can be held responsible for your child’s injury, depending on the cause. Property owners, and their staff may be held responsible, since they owe a legal duty of care to the safety of a child.
They must do everything reasonably possible to ensure the safety of children using the premises, including eliminating dangerous conditions, and repairing the playground equipment.
Similarly, playground equipment manufacturers should meet consumer safety specifications. Thus, defects in construction, poor design, inadequate use, and maintenance guides can lead to injuries. This describes the high standard of childcare that is expected from the daycare workers and teachers.
When To File A Lawsuit
If a child has sustained an injury, the plaintiff must prove that the responsible party acted negligently, or failed to provide a safe environment for kids.
If the injury happened as a result of bullying, the accused child’s parents are liable for damages, along with the school staff members who were negligent in stopping the incident.
When filing a claim, it is important to consult or hire an attorney who is experienced in handling playground injury cases. Since the attorney is well-versed in the field, they can show that the defendant agreed to supervise the child, but they did not monitor the child well enough, resulting in the child getting hurt.
An example of this type of claim is when children are allowed to play during recess without supervision, and a fight erupts. If the fight escalates, and the child is pushed off of playground equipment, causing them to break their arm, the school should be sued for negligent supervision.
How To Prove Damages
Note that personal injury claims are valid when there are documented damages and injuries. Claims based on what could have happened, or on perceived wrongdoings of the playground staff, are void.
As such, the attorney may require copies of all your child’s treatment bills related to the injury. Proof of out-of-pocket expenses for medications, bandages, and assistive devices will come in handy.
If the child has had a long recovery, and required tutoring at home, the parent should claim the costs of hiring a tutor, books, and suppliers. Similarly, if the child developed a disability, the attorney should seek compensation for mental anguish, pain and suffering, and future medical expenses.
Minor playground injuries are settled directly by the insurance company. In case of a daycare center or private school, the parent should get in touch with the insurance carrier.
Keep in mind that the amount of compensation varies from one state to another, because they employ special rules for handling damages for kids younger than 18 years old.