Who Is Responsible for My Child’s Playground Injuries?

 Posted on June 29, 2021 in Uncategorized

Each year, more than 220,000 children end up at emergency rooms with playground-related injuries. These injuries range from fractures to internal bleeding to head injuries. In fact, more than 20,000 children sustain some form of traumatic brain injury in playground accidents every year. After a year of pandemic restrictions, children are more eager than ever to play with friends at parks, playgrounds, and summer camps and there is a concern that there may be a spike in the number of children injured. How can parents protect their children from these injuries and who is liable when they occur?

Playground Injuries

National data collected on playground accidents and injuries show that the most common cause of injuries to children are falls, resulting in about 45 percent of all emergency room visits. The most common injury that sends parents rushing to the ER is bone fractures, followed by cuts, bruises, sprains, and injuries to internal organs.

Some of the more common playground equipment issues include equipment that is broken, tip-overs, not assembled right, not maintained, or poorly designed:

• Monkey bars and jungle gyms – responsible for 35 percent of equipment injuries

• Swings – responsible for 30 percent of equipment injuries

• Slides – responsible for 20 percent of equipment injuries

Playground Accident Liability

A playground accident can happen anywhere – at a school, public park, camp, apartment complex common area, or other business. No matter where the playground is located, the owner has a duty of care to ensure that there are no hazards present and all the equipment is in good working order. Failure of that duty of care resulting in an injury to a child makes that owner liable for any damages the child and their family suffer as a result under Illinois premises liability laws.

Depending on the circumstances of the incident, there may be other parties who are liable for your child’s injuries. If there was a defect in the production or design of the equipment that injured your child, the manufacturer could be liable. Another possibility could be the company that was responsible for installing the equipment if they failed to do so correctly and that caused the accident.

Call a Will County Personal Injury Lawyer for Legal Assistance

If your child has been injured in a playground accident, you may be able to pursue legal action against the negligent party. Damages can include financial compensation for your child’s medical expenses, lost wages you may have suffered while your child recovered, pain and suffering, emotional anguish, and other losses.

To find out how a dedicated Joliet personal injury attorney can help, call McNamara Phelan McSteen, LLC today at 815-727-0100 to schedule a free and confidential consultation.

Sources:

https://www.usnews.com/news/health-news/articles/2021-06-27/summer-playgrounds-come-with-fun-and-hazards

https://www.prnewswire.com/news-releases/more-than-200000-kids-treated-in-ers-each-year-for-playground-related-injuries-300457535.html