Can You Sue If Your Child Was Injured on a School Playground?
- Parents of children injured on school playgrounds can file lawsuits to collect damages.
- Manufacturers, installers, school employees, and the school system may be liable for your child’s injuries.
- To be successful in a playground injury lawsuit, your attorney must prove negligence.
- You can sue for economic and non-economic damages such as medical costs, pain, and suffering.
- There are critical steps you can take to bolster your case. An important one is hiring a law firm with significant experience taking on government entities and insurance companies.
Parents of children injured on school playgrounds may face their child’s suffering and emotional trauma, high medical bills, and the daunting prospect of trying to collect compensation from a government entity. If your child has been hurt at a California playground, you may be able to sue multiple parties responsible for your child’s harm. However, playground injury lawsuits require careful handling. The skilled attorneys at Cutter Law understand what you are going through and are ready to help.
Who's Liable If My Child Was Hurt on the Playground?
Various parties may be responsible when your child is injured on a school playground, including the following:
- The equipment manufacturer
- The contractor who installed the equipment
- School employees
- School districts
- The city or county responsible for maintaining the playground
Include all liable parties in your playground injury lawsuit for a chance at just and fair compensation. The knowledgeable playground injury attorneys at Cutter Law can help you determine who was responsible and the amount of damages you should ask of each.
Examples of Negligence in Playground Injury Lawsuits
Several negligent actions or inactions on the part of others can lead to children’s injuries on school playgrounds, such as the following:
- Improperly installed playground equipment not properly bolted or otherwise anchored to the ground
- The use of banned playground equipment, such as very tall metal slidesÂ
- A poorly designed playground where children can abruptly run into hazards
- Lack of safety features, such as soft landing areas or paddingÂ
- Improper maintenance resulting in tripping hazards or damaged playground equipment
- Lack of supervision, with not enough adults to adequately supervise the number of children
- Manufacturing errors, such as bolts that easily break and cause equipment collapses
If you need assistance with a California school district lawsuit or wish to pursue compensation from others responsible for your child’s injuries, contact the skilled attorneys at Cutter Law so we can discuss your case.
Types of Playground Liability Lawsuits
Depending on the specific circumstances of your case, your attorney will argue one or more theories of liability. The other party’s responsibility for the accident will depend on their role and duty to protect your child from harm.
Product Liability
Product liability law protects consumers when negligent product design, manufacturing, or marketing leads to injuries. These laws apply when a manufacturer knew or should have known about a defect or failed to warn against dangers. If your child was injured because the manufacturer made playground equipment with defective parts, including those with a history of failure or that don’t meet government standards, you may have a product liability case.
Premises Liability
Under California Government Code 830, schools and other public entities must protect others against reasonably foreseeable dangerous conditions on their premises. Property owners owe visitors a “reasonable standard of care.” To prevail, you must prove the government entity knew or should have known about the hazard or that a government employee created it through negligence.Â
For example, you may have a premises liability case if your child was injured because a rusted swing broke away or they broke their ankle on a poorly maintained basketball court.
Negligent Supervision
Schools are responsible for properly supervising the children under their care. If you can prove that a responsible party did not act as reasonably expected under the circumstances, your attorney can argue that their negligent supervision led to a playground injury.
Damage Awards for a Playground Injury
When your child is injured on a playground, you can seek compensatory damages to cover your financial and emotional harm. You can pursue economic damages, such as the following:
- Medical expensesÂ
- Rehabilitation costsÂ
- Medical equipment costs
- Expenses related to upgrading your home or vehicle to accommodate disabilities
- Childcare costs if your child misses school
You can also seek non-economic damages. Non-economic damages compensate for your child’s pain, suffering, and emotional distress. You can ask for additional compensation if your child was permanently scarred or disabled as a result of their school playground injuries.
What Should I Do After a Playground Accident To Help My Case?
Always seek immediate medical assistance for your child after a playground accident. Keep all medical records, and don’t miss any follow-up appointments. If you don’t seek medical attention immediately or miss doctor visits, the other party’s insurance company may claim the accident wasn’t serious.
Talk to your child as soon as possible to get the details of the accident. This experience may be difficult for younger children, but it is essential to determine what happened, who else was present, and which school employees were on the playground.
Take photos and videos of the area where your child was hurt. Talk to any witnesses to the accident and parents of other children hurt at the same playground. Note any details they provide that might contribute toward proving liability or negligence.
Report the accident to the police or school officials. Have them investigate the accident and file a report. This can provide invaluable documentation of the accident and help prove your case in court. Â
Talk to an attorney as soon as possible. They can assist with collecting other needed evidence, such as police reports, and help you locate witnesses. They can also investigate playground equipment manufacturers, the safety record of the installers, and the history of playground accidents in that school district.
An experienced attorney will also work with you to meet all deadlines for your claim. Under the California Tort Claims Act, you have six months to present the claim to the government agency responsible. If the government entity denies your claim, you have six months from the denial to file a civil lawsuit. If the agency ignores your claim, you have two years from the injury to file suit.Â
Under the California personal injury statute of limitations, you have two years to file a claim against a private party, such as the equipment manufacturer.
Get Help From the Attorneys at Cutter Law
At Cutter Law, we fight for our clients while providing the support they need to overcome difficult times, such as a child’s injury. We are a family law firm. Founding partner Brooks Cutter is the proud father of two of our firm’s attorneys. We understand how important family is and how a child’s playground injury can affect you financially and emotionally.
Our attorneys have received local and national recognition from Super Lawyers, Best Lawyers, “Ones to Watch,” and the Capitol City Trial Lawyers Association. Brooks Cutter has been helping injured people get just compensation for over 35 years and has a reputation for handling complex litigation. He has passed his work ethic, legal knowledge, and commitment to helping others to every member of the Cutter Law family.
Our clients need results, and Cutter Law delivers. We have recovered hundreds of millions of dollars for our clients and have successfully sought compensation from school districts and other public entities.
If your child was injured on a school playground, contact us today for a free case review. We will listen closely to the details of your case, ask follow-up questions, and answer any questions you may have. If you decide to partner with us, our experienced child personal injury attorneys at Cutter Law will help you file your playground injury lawsuit and fight for justice and compensation.
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