When a playground accident goes beyond “kids will be kids,” consider whether someone should have prevented your child’s injuries. For example, if you get a call from school saying your child fell from a playground structure and now has a concussion, investigate the incident. Negligent supervision, unsafe equipment, or a poorly maintained playground might have contributed to the injury. Learn about your possible legal actions as the parent of a child with a playground injury by calling Henshaw & Henry, PC. We represent parents in San Jose and the Bay Area.
Playground accidents can happen in public parks, on school property, or at a friend’s house. Either way, there are certain duties of care the property owner and the playground equipment manufacturer owe to playing children. Any breach of these duties, resulting in playground injuries, may be grounds for legal action. Parents may be able to file claims with an insurance company, or pursue compensation through a personal injury lawsuit. Common signs that a child’s injuries may have arisen from negligence include:
Almost half (45%) of all playground injuries are severe. Children can suffer broken bones, head and brain injuries, dislocations, caught in/between injuries, or internal injuries. Another afternoon at the playground can turn into tragedy when all involved parties aren’t performing the duties they should to ensure child safety. If your child sustained a serious injury, someone may well be liable. A conversation with our lawyers can help you discover who this party may be, and how to pursue damage recovery.
The first question in assigning fault for a playground accident should concern the cause of the injuries. If a property defect or hazard caused the accident, fault may lie with the owner of the property. If your child was hurt because no one was supervising him or her, the individual or company in charge of childcare may be liable. If a defective piece of playground equipment caused the injuries, your defendant might be the manufacturing company. Identifying the defendant(s) responsible for the accident can be much easier with help from a lawyer.
Several different personal injury laws may apply to a single playground accident claim in San Jose. It can be confusing for parents to try to learn their rights after an accident, and the deadlines for filing a claim. Parents often don’t understand what their child’s injuries are truly worth, and settle for much less over the phone with insurance claims adjusters. To avoid all of these issues, work with experienced playground accident lawyers. We know exactly how to maximize your odds of compensation, to secure a brighter future for your injured child. Don’t wait. Contact us today about your claim.