Though they are ostensibly built for kids, playgrounds can be dangerous places with accidents occurring in the range of 200,000 per year, according to the CDC. Among those, around 30% are reported to be severe injuries. The most common among these are:
- Concussions
- Brain Injuries
- Internal Injuries
- Fractured or broken bones
- Dislocation related injuries
- Amputations
- Frequent Causes of Playground Injuries
There are a number of factors that cause common playground injuries. Among them are inadequate maintenance, poor design of playground equipment, damaged chains and, given the fact that younger children often do no truly understand their limitations, lack of proper supervision.
(Understanding How Negligence May Be Defined in Personal Injury Claims)
Who is Responsible for Playground Injuries?
There are a number of factors to consider when sussing out the responsible party after a playground injury occurs. Firstly, who owns the playground, the property where the accident took place? A property owner owes parents and children a duty of care under premises liability law. Breach of that duty could render them liable when an accident occurs. If, for instance, the playground where the accident occurred was a school playground, the school may be responsible for injuries incurred. The school district could be held liable if it’s a public school. If a private school, the school’s owner could be held liable.
If the accident occurred at a public park, the municipality could be held responsible for the injuries.
Many states have minimum safety requirements set for playgrounds. Illinois is one such state, and playgrounds must be certified safe under those requirements. If the playground where the injury occurred did not meet the standards set by the state, it could be held liable any accident injuries that resulted.
What Are Your Legal Options When an Accident Occurs on a Playground?
One option you may want to explore is filing a claim with your insurance company. However, insurance policies have limits set on just how much you might receive. That figure may not cover the totality of the injuries and medical costs that result from the accident.
You could also file a personal injury claim naming the playground owner under premises liability. You could also sue the equipment manufacturer under product liability if a defect is found to have caused the accident. Really, the defendant in any personal injury claim depends squarely upon the circumstance of the child’s accident and injuries. Though it may take longer to resolve, with a personal injury suit, however, you are likely to recover more than you could from an insurance claim.
The kinds of damages parents can win in a personal injury claim arising out of a playground accident can vary, but generally speaking they can include:
- Medical costs for present and future medical treatments
- Costs for rehabilitation and physical therapy that results from the injuries
- Costs related to renovations to your home should you need to accommodate your child’s disabilities resulting from the accident
- Costs for in-home care of your child
- Costs for transportation
- Mental anguish
- Pain and suffering
- Punitive damages
If you’re looking for an experienced Chicago personal injury lawyer to help navigate your personal injury claim, we will fight assiduously for your right to the compensation you deserve. Call Bizzieri Law Offices at 773.881.9000. The case evaluation is free, and we never charge a fee unless we recover damages for you.