Child Injured at a Playground: Who Is Liable?

While playgrounds are sanctuaries for fun and adventurous activities, plenty of dangers threaten a child’s safety and well-being. Children are often vulnerable to injuries due to their lack of coordination and experience. However, there are numerous situations where an adult’s negligence results in their injuries rather than their natural naivety. 

Whether a loose screw on a swing or a poorly fenced-off body of water, parents may have the right to pursue legal action against the responsible party if an adult’s actions result in a child suffering severe injuries. It’s essential to speak with an experienced lawyer about your situation and how you may be able to recover compensation for the losses you and your family suffer.

Who Is Liable if My Child Is Injured on a Playground?

To recover compensation in a playground injury claim, parents must identify the negligent party and prove their actions resulted in the child’s injury. Determining who is at fault for the accident is complex and depends on various factors, including the location of the accident and who was supervising the child at the time.

Consider a few individuals who often hold some responsibility for the accident:

• The manufacturer of the playground equipment
• The owner of the playground or the person responsible for maintenance 
• The party responsible for providing child supervision

Investigating the party responsible for the accident is complex and time-consuming for those navigating the aftermath of a child injury without a legal representative. With an experienced lawyer on your side, guiding you through the legal and medical process, you will have the resources you need for a smooth claim.

Causes of Child Playground Injuries in New York

Gathering evidence and determining the responsible party goes hand-in-hand with the cause of the accident. In most cases, you will need to figure out the cause of the accident before you can narrow down whose negligence resulted in the damages. The following are a few examples of playground injury causes in New York:

• Lack of maintenance: Unmaintained playgrounds can result in infections, broken bones, and other injuries.
• Improper supervision: Children must be supervised while on a playground, and if their teacher or caretaker neglects to watch them, they can be held responsible for injuries.
• Unsafe property: The playground owner is responsible for ensuring the property is safe for the children to explore and use the equipment.
• Dangerous and defective equipment: If the distributor or manufacturer neglects their duties and sells a defective and dangerous piece of equipment, they can be liable for injuries.
• Poorly built structures: Loose or unsecured materials may cause a child to slip and fall or suffer from equipment falling on top of them. If a similar situation occurs, parents may hold those responsible for building the structure accountable.

New York City teachers must adhere to the minimum safety guidelines as told by the Board of Education to ensure that children are safe when at school. You may be entitled to receive compensation if your child got injured because a teacher failed to act responsibly.

Speak With an Experienced Child Injury Lawyer at the Law Office of Cohen & Jaffe

Children are highly vulnerable to life-threatening injuries in accidents due to their size and inexperience. Depending on the injury, the accident can result in debilitating, long-term damage affecting the child throughout their life. If your child suffers severe harm, contact the Law Office of Cohen & Jaffe for experienced New York legal representation. With over 100 years of combined experience seeking justice for NY residents, we have the resources and connections to develop a solid child injury claim. We take pride in our past results and references so future clients can feel confident about their legal team. 

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For a free legal consultation, call 516-358-6900