Los Angeles Playground Accident Attorney
Playground accidents in Los Angeles occur more frequently than you might know. Children can sustain serious injuries due to an inattentive supervisor who lets the accident happen.
The emotional turmoil on parents is often overwhelming, but even worse, once the financial costs of their kid's injuries become clearer. Suppose your insurance will cover some of the cost, but what if your child sustained a traumatic brain injury and needs long-term care?
In that case, you must retain a skilled Los Angeles personal injury attorney. Our law firm has successfully handled many cases by winning financial compensation for victims of negligence.
While many playground accidents only cause minor injuries, such as knee burns, some will require legal representation from an injury law firm. For example, suppose your child's injuries could result in brain damage. In that case, you need a lawyer to recover the compensation you are entitled.
Over 200,000 children are injured on playgrounds across the United States annually. Many of these injuries are minor, but others can cause severe, lasting injuries and may even be life-threatening.
Many parents assume that playgrounds come with an inherent risk of injury and that they allow children to play there at their own risk.
However, suppose the injury was preventable and occurred due to someone's negligence (e.g., the playground owner or equipment manufacturer). Then, California law entitles you to hold the negligent party responsible for damages in that case.
What Are the Common Causes of Playground Accidents?
According to Methodist Health, falls are the most common trigger of playground injuries, accounting for 80 percent of them. Falls may include falling from a height, tripping over an obstruction, etc.
Surprisingly, strangulation is the most common cause of playground fatalities—usually when a child's loose clothing catches on a slide or protrusion and chokes the child. Injuries may also occur due to the following:
- Poorly maintained equipment or rusty surfacing;
- Unsafe design of the playground or equipment;
- Improper installation of the playground or equipment;
- Defective playground equipment;
- Lack of supervision;
- Broken glass or fiberglass;
What Are the Common Injuries that Occur on Playgrounds?
Minor scrapes, cuts, and bruises are common on playgrounds; most usually don't require medical treatment. However, about 45 percent of all playground injuries are considered severe, requiring medical treatment. These include, but are not limited to, the following:
- Bone fractures;
- Dislocated limbs;
- Severe lacerations;
- Concussions and other traumatic brain injuries;
- Internal injuries;
- Amputations.
How to Prove Liability for a Playground Injury?
You must demonstrate that someone else's negligence caused the injury to recover damages for your child's injuries.
This means showing that the defendant, such as the person or entity you are suing, owed your child a duty of care, breached this duty, and the breach resulted in your child's injuries. Determining liability involves answering specific vital questions, such as:
- Who was responsible for the maintenance and upkeep of the playground? (e.g., the city, the school, etc.)
- Was the equipment kept in good working order?
- Was the playground surface adequately maintained (i.e., level, free from obstructions, etc.)?
- Was the equipment installed correctly?
- Did an adult supervise the children while they were playing?
Depending on the answers to these questions and the circumstances surrounding the playground accident, your attorney may file a personal injury claim on behalf of your child, holding one or more of the following parties liable:
- The owner/manager of the playground. If, for example, your child was injured on a public playground that the city didn't keep in proper working order, the city may be sued for damages. Likewise, the school district might be liable if your child was injured on a playground.
- The manufacturer of playground equipment. If a defective piece of equipment causes the accident, the manufacturer may be liable under California's product liability laws.
- The installer of the playground equipment. If the equipment wasn't installed correctly, the person or company who installed the equipment might be held liable for any resulting injuries.
- The entity or company responsible for maintaining the grounds/equipment. If a third-party company or agency was responsible for maintenance and failed to do so, they may be liable for your child's injuries.
Several kinds of private or government liability could be in play, which applies to playground injury cases depending on the accident details.
Experts in private HOA liability or governmental tort claims must investigate what led to your child's injury. For example, suppose an assigned teacher in a school district fails to supervise your child responsibly. Legal action against the school or responsible person might be necessary before a parent can sue them for an injury.
What Damages Can Be Recovered in a Playground Injury Claim?
California law allows you to recover damages from the party responsible for your child's injuries in a playground injury case. Specific damages may include:
- Your child's medical expenses, including hospitalization, surgery, rehabilitative therapy, etc.
- Your child's pain and suffering;
- Your lost wages if you had to miss work to care for your child;
- Other out-of-pocket expenses for your child's accident and injuries include in-home care.
If you have lost a child due to a playground accident, you may be able to recover damages in a wrongful death lawsuit for:
- Funeral and burial expenses;
- Pain and suffering;
- Loss of companionship and support.
How Can an Experienced Playground Accident Lawyer Help?
Playground accidents can result in a settlement from the responsible person for causing your child's injuries, which will be based on the evidence.
You have the legal right to seek compensation for medical bills, lost wages, and loss of health and wellness from losing your daily activities.
We can file an injury claim to protect the statute of limitations and pursue damages for your family. For example, suppose your child was injured on a playground in Los Angeles or other parts of southern California.
In that case, speaking with our experienced Los Angeles area personal injury attorneys as soon as possible is essential. We can help you investigate the accident, determine who may be liable, and recover the total damages your child is entitled to.
At Injury Justice Law Firm, we offer a free consultation for your case and are ready to help you obtain fair compensation for your child's suffering.