As a parent, you do what you can do give your child all of the experiences that kids need and want while keeping them safe. Getting out of the house and heading to a local playground is one activity that so many parents enjoy with their kids. Unfortunately, the playgrounds that the kids love can also be the playgrounds that cause serious injuries. If your kids get hurt on a playground, is it possible to hold the owner of the playground responsible for the injuries that had been sustained?
Can you sue the owner?
If your kids were hurt on the property due to lack of maintenance and repairs, there is a chance you could hold the owner liable for the injuries. Neglect is the key to opening the door to a personal injury lawsuit such as this.
What You Should Know
You will need to gather plenty of information to file a lawsuit against the playground, including:
- Name and address of the playground's owner.
- Name of the person or company responsible for maintaining and repairing the playground. In some cases, the owner of the property contracts another company to take care of things.
- Proof that the playground is open for public use. Some playgrounds are not actually open for public use. Those that are on school property, church land or even in smaller parks may not be open to the public to use during off hours. If you do not have full permission to be on the property at the time of the injury, you will not do well in court. You may even find yourself being penalized for trespassing on the private property.
If You Weren't There
If you weren't at the playground with your child at the time of the injury, but you had sent your child with a nanny, babysitter or other supervisory adult, it is possible that you could take him or her to court and hold them liable for the injuries. You will need to prove three things:
- Neglect caused the injuries.
- The adult wasn't monitoring the kids' activities in a safe manner to prevent such injuries.
- The adult was knowingly responsible for your child at the time of the injuries.
Take pictures of the equipment immediately after the incident and get the names of anyone who may have witnessed it. Talk with an experienced personal injury lawyer, like one from Richard Glazer Law Office, to learn if you have a case to help you with the medical costs and help to prevent such an accident again in the future.
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