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My Child Was Injured at a Playground


Posted in Whose Liability is it (anyways)? on October 24, 2017

As kids and adults, we see playgrounds as a fun, safe, and friendly environments that can be used for endless entertainment. With swings, jungle gyms, and open places to run and expend all the pent-up energy, it should also be an area free from worries and injuries. However, just as in the real world, anything can happen, even injuries on the playground. So, what can be done about these injuries?

Why Worry About Playground Accidents?

Although many people may just brush off playground accidents as easily remedied problems, playgrounds can cause some of the most severe injuries out there. This is more due to the fact that the facility or equipment used requires children to be constantly moving or elevated to a higher level. For instance, if one were to fall while swinging, he or she would not be simply falling from a few inches off of the ground but rather easily have the force of the swing propelling the child forward a few feet, or possibly injuring him or her while attempting to jump at the apex of the swing. This means that he or she could fall several feet onto the hard ground. This goes for jungle gyms and simple climbing equipment, as well, which all are generally raised above the ground to a considerable degree. As such, many injuries occur that can be extremely severe, such as broken bones, bruises, dislocations, or internal injuries such as concussions or internal bleeding.

Who is to Blame?

Although many people will simply try to put the blame onto the injured for attempting something reckless or harmful to one’s health, it sometimes is outside the scope of what can be foreseen. Things such as a poorly built climbing wall or the park being built on uneven ground can be the cause of serious injuries. In each of these cases, it must be taken into account as to who is involved in the process of creating and maintaining a playground or park.

To begin with, it is not always the landowner’s fault for poorly building or maintaining playground equipment. If the land is owned by the city or state, it will usually have contracted out the installation of playground equipment to a contractor; who then may subcontract some of the work to a design company to actually design and manufacture the playground equipment. Researching to see who owns the park, and who has connections to the construction itself will help to determine who is at fault for the injury.

Establishing Fault

After determining those who are connected to the playground, it must be determined where the fault lies. If the fault lies with the one who has been injured, then it is extremely difficult to build a case. This includes such things as tripping or attempting a dangerous act that would have been performed no matter what.

If an injury had to do with a fault with the playground equipment, there may be grounds for filing a claim. There can be things such as a swing snapping at the strings or a fort being unstable and falling apart. When most of the negligence and fault has been established, it must be determined as to who was directly at fault for the incident. For example, if the fort was supposed to be completely stable for a very long period of time, then it would be the construction company which built the fort that could be held accountable. The same could be said in other situations, depending on the facts and established facts of the injury.

Take care of your child’s injuries by calling our attorneys today.

Original Source: http://www.lapezejohns.com/whose-liability-is-it/child-injured-playground/