Seasoned Personal Injury Lawyers

Serving Metro New York

Who is liable if my child is hurt at a public playground?

On Behalf of | May 22, 2024 | Injuries |

A day at the playground gives your child a space to explore, imagine adventures and release their boundless energy. Yet amid the carefree laughter, accidents can occur at any time. Although kids may sport some bumps and bruises after playtime, serious injuries may result from overlooked hazards or improperly maintained equipment.

It is crucial to recognize when your child’s injuries stem from someone else’s negligence. If so, you may have grounds to pursue compensation from the responsible parties.

The basics of premises liability

The legal theory of premises liability maintains that property owners, including government entities, must keep their spaces safe. They must address any dangerous conditions immediately or at least place adequate warnings to prevent people from getting hurt. If they do not, and someone gets hurt, they could be held responsible.

Understanding premises liability is critical when considering your child’s injuries. Were there hazards present, such as broken swings, rusty climbing bars or nails sticking out? If so, this could show that the property owner did not fulfill their duty to keep the playground safe.

Sometimes, the property owner is not the only one who might be at fault. Others might also be responsible. For instance, the company that made the playground equipment or the contractor who built the structures could share the blame if their work was faulty or did not meet safety standards.

A personal injury attorney could assess your situation and help determine who should be accountable.

When to seek legal guidance

Many playground accidents are preventable. If another entity’s negligence contributed to your child’s injuries, you may be eligible for compensation. However, the burden of proof would fall on you. Documentation of the incident, witness statements, timely reports and other evidence will be crucial.

Navigating personal injury laws in New York and bringing a claim against a public entity while tending to your child can be challenging. However, this does not mean those at fault should escape responsibility. If you are facing resistance from the liable party or need guidance with the legal system, consider seeking professional counsel.