Faulty Equipment Led to My Child’s Playground Injuries. What Are My Legal Options?

Playground injuries are very common in Douglasville, Georgia. Every year, thousands of children get hurt at school and in public playgrounds. The prevalence of these injuries indicates the importance that must be placed on playground safety.

In some cases, the cause of playground injuries is because the child is not being safe or careful, while in other cases, the playground injuries are due to lack of playground safety and faulty playground equipment. If you child has been hurt because of the latter, then you need a Douglasville, Georgia personal injury lawyer on your side to help you seek compensation.

Playground Safety and Questions to Ask in the Event of Playground Injuries

Whenever a child is injured at a playground, the first step is to find out exactly who or what was responsible for causing the accident. Playground safety must be evaluated, and it must be determined if the equipment was faulty.

You should be aware that the majority of public playgrounds in Douglasville, Georgia are protected from liability under the “recreational use” exception. If they were not granted this status, there would be no playgrounds in the state for fear of litigation when a child is injured. This, however, does not mean that playground safety is not important. They might be exempted from liability, but there are still a few notable exceptions to this statute:

  1. The equipment is not safe and the public was not warned about it. For example, if the swing set was unsafe, then a notice should be placed at the playground so that parents/caregivers are aware of this fact.
  2. The property owner charges patrons a fee to use the playground. In this case, the owner is obligated to take all proper precautions and ensure playground safety. If there are any playground injuries, the owner must be held accountable.

If either of these two exceptions is present and/or the playground injuries are caused by unsafe playground equipment, then the victims have a legitimate case. To move forward with your case, you need to consider the following:

  • Who is responsible or in charge of playground safety?
  • Could the child’s injury have been predicted?
  • Was some type of negligence responsible for the child’s injury?
  • Who was the one who determine playground safety?
  • Could the playground injuries have been prevented?

As in all cases, the onus is on the injured party to prove that the playground owner or manager should have ensured that all the equipment in the playground was safe. For example, if the swing set chain was rusty or the connections were loose, the owner should have taken steps to 1) close the swing set until it was repaired and 2) place a warning sign that the equipment was not safe for use.

In some cases, the cause may be due to lack of supervision of the child. In such a scenario, the parents/guardians may hold the teacher or the supervisor legally responsible for any injury. For example, if a toddler was playing outside and the supervisor was on their mobile phone and not paying attention, they could be responsible. Essentially, lack of supervision is to be blamed on the people responsible for monitoring the child if they did not fulfill their duties.

Whenever a child is injured at a playground, the first priority is to seek immediate medical attention. Next, the parents/guardians should maintain a chronology of the events that includes the date and time of the injury, how the injury occurred, transportation to the medical center, type of injuries, treatment, and aftercare.

If Your Child is Suffering from Playground Injuries, Reach Out to a GA Personal Injury Lawyer

If your child suffered injuries at a playground in Douglasville, Georgia due to unsafe equipment and/or due to negligence or lack of supervision, you have a right to seek compensation for the costs that you have incurred because of the injuries. Call us at The Law Office of John B. Jackson and speak to our lawyers as soon as possible. Children are most precious and we, as adults, are responsible for their well-being. We need to ensure that they are safe and protected. If somebody failed to demonstrate this sense of responsibility and if their negligence resulted in harm to a child, these people should be held accountable for their actions.

Get in touch with us today and we will help you get justice for your child. Our lawyers will help establish who was at fault and how the injuries could have been prevented. They will also show how the child was affected because of the injuries and how the child and their family deserves to be compensated for any financial losses. Our lawyers are here to help you handle this situation. Call us at your earliest convenience and our legal team will provide the best legal representation possible.