Child Injuries from Playground Accidents and Negligence

Written and edited by our team of expert legal content writers and reviewed and approved by Daniel Harwin

Content last updated on:
August 25, 2023

The Centers for Disease Control and Prevention (CDC) estimates that 200,000 children ages fourteen and younger visit emergency rooms each year due to playground related injuries. Many of these injuries can be serious. The CDC reports that playgrounds have a higher rate of severe injury than bicycle accidents and even car accidents. If your child has sustained an injury on a playground, you may be able to secure compensation for medical bills and other expenses.

Types of Playground Accidents

Injuries on a playground may occur in several different scenarios – children are jumping, swinging, and climbing, so injuries often occur at high speeds and from heights. Some of the most common playground injuries include:

Broken bones
Dislocated joints
Concussions and head injuries
Internal injuries
Bruising

Common Causes of Playground Injuries

While there are many things that may contribute to a playground injury, some are more common than others. Some of these include:

Old or defective equipment. In many cities, daycares or schools, playground equipment can be decades old. Over time, the materials begin to deteriorate and may lead to injuries. Failing to adequately maintain playground equipment could provide legal grounds for a personal injury claim.
Problems with design. In other cases, a design flaw may be to blame. Examples include a defectively manufactured slide or the lack of a soft ground surface. A properly soft play surface is critical for safety. Sometimes, even though the playground surface is “soft”, it is often not thick enough or does not have adequate padding underneath to meet safety standards.
Negligent supervision. If your child sustains a playground injury at daycare or school, it may be also be because of negligent supervision. Young children are often unaware of their physical limitations and require vigilant supervision to prevent accidents. Preschools and other facilities must maintain a proper ratio of children to teachers or adult supervisors. If your child was inadequately supervised, this could be the legal basis for a claim.

Liability for Playground Accidents

One of the most common questions parents have is, “Who is responsible for my child’s injuries?” This is a natural question, and the answer will depend on the unique circumstances of your case. Speaking generally, any of the following parties might be legally liable:

The manufacturer of the playground equipment, if the injuries were the result of a defective design.
The owner of the playground or the person responsible for maintenance. For private playgrounds this would be the owner of the school or play area. For municipal playgrounds and public parks, this entity is usually the city.
For accidents that happen due to insufficient supervision, the party responsible for providing supervision is responsible. This is usually a school or daycare, but might even be another supervising parent or adult.

Determining liability for a playground accident requires a thorough investigation into the cause of your child’s injuries. A personal injury attorney can conduct an independent investigation and figure out who is ultimately responsible.

Hire a Florida Playground Injury Attorney

No one wants to see a child hurt. If your child recently suffered an injury on a playground, you may be feeling confused, scared, or even angry. It is natural to want to hold the negligent parties responsible. We can help you obtain reimbursement for medical costs and hopefully prevent this from happening to other children in the future. For more information on our personal injury services, call us for a free initial consultation.

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A settlement on behalf of a child who suffered a brain injury as a result of oxygen deprivation during birth. Through years of tactical and technical litigation, we were able to prove that the nurses and physicians both failed to intervene and prevent the brain injury.

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