Perhaps nothing weighs more heavily on the minds of parents than how to keep their kids safe. From cabinet locks and outlet covers to car seats and bicycle helmets, there is no limit to the lengths parents will go to prevent injuries. Despite these efforts, accidents still happen. Unfortunately, more than 2,000 hospitalizations happen in Canada each year as a result of playground accidents and injuries. If your child has suffered a playground injury, you may be wondering who is liable?
Playground liability depends on the facts of each case, and responsibility turns on a critical question: What exactly caused the playground accidents and injuries? The answer usually falls into one of three categories: unsafe playground conditions, inadequate supervision, or a defect in playground equipment. The duty of care for all parties can be hard to determine, an experienced attorney can help.
Unsafe Playground Conditions
Playground operators have a legal duty to keep their playgrounds in good repair and safe for their intended use. The maintenance required to keep a playground safe varies depending on the size of the playground, how often it is used, and the type of equipment present. Even the most durable structures require periodic repairs to prevent playground accidents and injuries.
If operators are negligent or fail to exercise reasonable care to maintain their playgrounds, they may be liable for playground accidents and injuries that result. Suppose a child is climbing to the top of a slide and falls when a rung of the ladder gives out. If the evidence shows that the rung was loose for a while and the operator failed to repair it, he or she may be liable for the child’s injury.
Inadequate Supervision
Many playground accidents and injuries could have been avoided had the child been properly supervised. The adequacy of supervision often comes into question in playground liability cases that involve injuries at school.
During school hours, the law requires school authorities to act towards students in the same manner as a careful and prudent parent. Suppose a group of students compete to see who can go the furthest distance from jumping off moving swings. A student has a rough landing and breaks his arm. If monitors were aware of this dangerous activity but didn’t stop it, the school may be liable for failing to intervene. Alternatively, if the monitors were unaware of the behavior and it has been going on for some time, the school may be liable for failing to adequately supervise.
Defective Equipment
Product liability law holds the makers of playground equipment responsible for playground accidents and injuries that result from defective equipment. Most product liability claims fall into one of two categories: design defects and manufacturing defects.
Design defect claims arise when the design of equipment creates an unreasonable risk of harm to the intended user. For example, suppose a merry-go-round has railings but they are too large to be grasped by the tiny hands for which they are intended. If a child is injured because she could not hold on once the toy was spinning, there may be a claim against the manufacturer for a design defect.
Sometimes, an error in the manufacturing process will cause playground equipment to be unsafe. Suppose the nuts and bolts securing the monkey bars on a play structure do not tighten properly due to a manufacturing glitch. If the monkey bars collapse while a child is going across them, the manufacturer could be liable for causing playground accidents and injuries.
Determining Playground Liability?
Based on the facts of your case, a lawyer with expertise in playground liability can let you know your chances of recovery. If fault is clear, a settlement may be possible. In more complicated cases, such as claims against a manufacturer, a lawyer can identify expert witnesses that will be essential to your claim. If your child has had a more serious playground accident, legal consultation is a must.
