What Should I Do if My Child Was Hurt in a Florida Playground Accident?
Swings, slides, climbing walls, and other playground staples should be a source of enjoyment for children, but statistics reported by the US Centers for Disease Control and Prevention reveal the alarming frequency of accidents. Every year, more than 200,000 children aged 14 years and younger head to the emergency room for treatment of playground injuries. It’s true that children can play rough and cause their own injuries, but there are situations where others should be held accountable. In such a case, there are specific requirements for these cases based upon premises liability theories.
Your child can suffer considerably as a result of playground injuries, and there are also consequences for you as a parent. You can rely on a Florida premises liability lawyer for legal help, but read on for an overview of your rights.
Premises Liability Rules Apply: You may already know that owners of stores, restaurants, apartment buildings, office complexes, and other sites are required to keep their property safe. This same concept of premises liability applies when a child is hurt on a playground. To recover compensation, you must prove:
- The party who owned or was in control of the playground had a duty to keep it safe;
- The responsible party failed to exercise reasonable care in maintaining the property;
- Your child was hurt while using the playground in a predictable, expected way; and
- The failure to exercise reasonable care was a direct cause of your child’s injuries.
An example of premises liability in a playground accident is where a child is hurt because of shards of metal protruding from the equipment. Another might be injuries that result from a piece of equipment malfunctioning because of loose bolts or screws. Or those supervising your child allowed children to play on equipment made for older children.
Potential Parties in a Playground Injury Claim: The language in element #1 above regarding ownership or control is key in a playground accident case. Determining the owner may be relatively easy, but there could be additional parties who were in control. You may have a claim against:
- A property management company responsible for inspecting and/or maintaining the playground;
- The manufacturer of playground equipment, if there are defects;
- A promoter of an event being held at the playground; and
- Many others.
Seeking Compensation for your Losses: Besides the physical pain and discomfort your child experiences – and what you go through as a parent – you may not realize the full impact of your playground injuries. You can seek monetary damages for the costs of medical treatment, but you may also be able to recover for your own lost wages if you need to take time off work to act as a caregiver. Plus, there may be additional forms of compensation for the ways playground injuries affect your child’s quality of life and future.
A Florida Playground Injury Attorney Can Help with Your Legal Remedies
If your child suffers a playground injury due to dangerous conditions on property, you need to know more about your options. To set up a free consultation regarding your rights, please contact the Florida personal injury lawyers at Freidin Brown, P.A. We can set up an appointment for you at our convenient offices in Miami or Fort Myers.
Resource:
cdc.gov/HomeandRecreationalSafety/Playground-Injuries/playgroundinjuries-factsheet.htm
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