As a parent, you do everything in your power to ensure that your child is safe and has many opportunities to have a good time. You likely take your kids to playgrounds in your area to give them a chance to interact with other kids, enjoy the fresh air and burn off some of their excess energy. But, what happens when a day at the playground lands your precious one in the emergency room?

Could you file a lawsuit?

If your child is injured because the playground was not maintained properly, then yes, you probably could file a lawsuit. The key to winning a playground injury lawsuit is proving that the injury was sustained due to the neglect of the owner of the playground. You must prove that the equipment or playground surfacing materials are not in good condition and that the neglect of care was what lead to the injuries.

What must you know when filing a playground injury lawsuit?

When filing a lawsuit against a playground, you must know:

  • Who owns the playground – The company that owns the property may not own and be legally responsible for the playground.
  • Who is responsible for maintaining the playground – The responsible party for the playground may have subcontracted the maintenance of the playground. This means that the maintenance company will be responsible for the injuries that are sustained due to negligence.
  • If your child was permitted to be on the playground - If your child was trespassing on private property, you likely do not have a legal standing to sue the owner for damages.

Can you sue a nanny, babysitter, teacher or other supervisory adult for negligence?

If your child is injured on a playground while they are under the care of a supervisory adult of some sort, there is a small chance of winning a negligence suit. To win this type of suit you must prove:

  • The adult accepted responsibility for your child
  • The adult did not monitor the activities of your child properly
  • The neglect of the adult lead to the injuries your child sustained

When you are facing mountains of medical bills and pain your child experiences from playground accidents, it can be downright impossible to get through. Your best option is to talk with a personal injury attorney, like those at Kenneth R Schuster And Associates PC, to learn if you have any legal standing for a lawsuit against those who are responsible for the outcome of the situation. The lawyer will guide you through the process and help you determine the best course of action to take.