Posted on: 24 June 2016
If your child is hurt in a playground, you might want to sue for damages. However, this can be difficult when it is public property. Here are some things to know about this type of lawsuit and how you can get the benefits your child deserves.
When You Can Sue For Damages
It helps to first understand how playground injuries and occur and when exactly you are able to sue for them. Not all injuries can become a lawsuit, since accidents do happen. If your child is running through the playground with a shoelace untied and trips and falls, that is not the fault of whoever owns the playground. However, if he slipped from tripping over something in the playground that should not have been there, then it might become a lawsuit. Lawsuits from playground injuries must be related to negligence on the part of the person or entity that manages or owns the playground. If the owner knows that the swing set is faulty and needs to be repaired, but they don't do it and your kid falls when the swing set collapses, that is their fault and they should be responsible for medical costs.
Who is Responsible For Playground Injuries
The next thing you must do is figure out who you are suing for the negligence that caused your child's injury. This is often the person or company that either owns or oversees safety of the playground. If it was a playground at your child's daycare, and the accident occurred from lack of supervision, the daycare teacher is likely the one responsible. However, if the owner of the daycare knew about the faulty play equipment and refused to fix it, that is their fault. With local parks and public areas, it should be the city that is sued for damages.
How to Gather Evidence
As with all lawsuits, getting the right evidence is crucial in this type of case. Since it is a matter of negligence, you not only need medical documents to prove the injuries your child sustained, but also documentation that shows proof of their negligence. This might be city records that show previous complaints from parents whose children also got injured or proof your lawyer finds that the owner knew about the risks and didn't do anything about them. Also get witness testimonies as that can make a big difference for your case.
What to Know about Hiring a Good Personal Injury Attorney
Getting a good personal injury attorney can make all the difference in this type of case. Make sure you find one experienced with injuries on public property, or even specifically with injuries on playgrounds.Share