Children let their wild sides out on playground equipment, usually with the enthusiastic encouragement of their parents. Letting your children burn off some energy can mean that they will sleep better or have more appropriate emotional responses to events later in the day.
Many parents work frequent trips to playgrounds into their schedules. You may have even chosen a specific daycare provider because your child fell in love with their outdoor playground equipment. Although most children in the Buffalo area enjoying playground equipment will have a fun and safe time, some children could get hurt. Playgrounds are the cause of more than 200,000 serious injuries every year.
What rights do you have if your child gets hurt while on a playground?
If it belongs to the state or a school
Community playgrounds and school playgrounds should always be in safe operating condition if they are open to the public. Routine inspections and maintenance are necessary to ensure the safety of those enjoying the facilities. From replacing worn saddles on swings to tamping the earth around climbing equipment, there are many requirements to maintain safe playgrounds.
When a child gets hurt on a school playground because of inadequate oversight by teachers and recess aides, the family may have grounds for a claim based on negligence supervision. If a child gets hurt because of poorly-maintained or damaged playground equipment at a public playground or park, that could also be actionable.
There are insurance policies that help protect both municipal entities and public schools from claims related to playground injuries. Big injuries may even require a civil lawsuit.
If it belongs to a private business or individual
Like at school, children at daycare should be under the direct supervision of the professionals charging for their childcare services. When someone lets children play on their swing set, they should ensure it is safe before doing so.
Both in the situations where adults didn’t monitor the children properly and where the business or property owner didn’t keep the equipment in good condition, families may have the grounds for a premises liability claim after a playground accident.
In some cases, business or homeowner’s insurance may pay for the costs incurred. Other times, families may need to take their claim to civil court for full compensation.
Knowing your options and rights when your child gets hurt on someone else’s property will help your family take the right steps to seek economic justice for those injuries.