Schools, daycare facilities, and public parks all have a responsibility to protect the kids in their care. This involves a dedicated community of people who pay attention to safety hazards and issues that can cause a child to be injured.
Sometimes, the overcrowding of a school or lack of maintenance to playground equipment can directly impact the safety of children. Sadly, kids are hurt every day due to lack of supervision, unsafe playground equipment, or other negligence.
When your child is hurt through no fault of their own, you shouldn’t be held financially responsible. The Phoenix playground accident attorneys at Zanes Law can review your claim and help to determine if you have the grounds to pursue a premises liability claim to compensate you and your child for their injuries.
Who Is Liable for Playground Injuries?
Every case is unique and largely depends on where the injury happened and how the injuries came to be. There are other dangerous situations that happen on a playground that don’t involve playground equipment, and other parties can be to blame. Nevertheless, most playground accident situations will fall under premises liability laws.
A school will have liability for certain aspects of your child’s safety. They need to provide reasonable security, take care of the kids, and provide safe equipment, relatively safe conditions of the playground, and safe buildings.
A playground accident attorney can examine the details surrounding your claim and determine all sources of liability. Depending on the circumstances, this may include one or more of the following entities or individuals:
- Property owner
- School district
- Park manager
- Equipment manufacturer
- School employee
- Parents of a child or any individual who caused an injury
Child care facilities, schools, and public playground managers must ensure that their equipment is properly maintained, safe, and age-appropriate.
If things are in disrepair, they are obligated to fix the issue or block the equipment from use. These parties can and should be held responsible for a child’s injuries if they fail to regularly maintain the safety of a play area in their care.
For a free legal consultation with a playground accidents lawyer serving Phoenix, call 866-499-8989
What Is the Statute of Limitations for a Playground Accident Personal Injury Claim in Arizona?
If you believe you have the legal grounds to pursue compensation, you have two years to file a personal injury claim in most cases. However, an accident victim under the age of 18 has two years from the date of their 18th birthday to pursue a claim for an injury they received as a minor child.
The other exception to the two-year rule involves government agencies. If you pursue action against a government agency, such as a parks and rec department overseeing a public playground, you only have 180 days from the date of the injury to file a claim before you are barred from pursuing compensation.
The best way to preserve evidence and recover compensation is to contact a Phoenix playground accident lawyer immediately.
Phoenix Playground Accident Lawyer Near Me 866-499-8989
Compensation Is Different in Child Injury Cases
Compensation is distributed differently when it involves a child injury. A jury verdict or settlement needs to be reviewed by a judge to ensure the child is being treated fairly. Only then can the funds or compensation be distributed.
The final distribution of the claim will first address the doctors and medical liens. Your lawyer will be paid their contingency fee to cover the cost of legal services provided. Then, any out-of-pocket costs you incurred or wages you lost while caring for your child will be distributed.
The balance of the settlement or award will be held in trust until they reach 18 years of age. It will accrue interest and the court must approve any access until that date. This is done to protect the legal interests of the child and ensure that they are compensated for their pain and suffering.
Causes of Playground Injuries
Children’s playground injuries are usually just a part of learning and growing. Every child has fallen and skinned their knee or learned the hard way to use caution when jumping from a swing. Just because a child is hurt on a playground, doesn’t necessarily mean a legal action is warranted.
However, many things can contribute to hazardous conditions that lead to a playground injury that may have been preventable. Some of these conditions could be considered negligence and are causes of playground injuries:
- Defective or dangerous playground equipment
- Dangerous conditions of the school, child care facility, or park
- Failure to supervise and intervene appropriately
- Failure to warn of hazardous conditions, such as a broken step on a slide
Some of the leading causes of playground injuries have to do with the design or installation of unsafe products. The manufacturer of defective playground equipment could be held responsible for your child’s injuries in a defective product lawsuit.
An accident attorney will look for the following playground equipment hazards:
- Platforms lacking guardrails
- Poor maintenance of equipment
- Head entrapment hazards
- Impalement or protrusion hazards
- Tripping hazards
- Dangerous equipment not recommended for public use on playgrounds
- Lack of proper protective surfacing
- Entanglement hazards
- Not enough space between equipment
- Crush hazards
- Pinch hazards
- Sharp edge hazards
A playground accident attorney in Phoenix can help to identify if dangerous equipment, negligent supervision, or other acts of negligence contributed to your child’s accident and hold the responsible parties accountable.
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Common Playground Injuries
According to the CDC, more than 200,000 kids are treated for playground injuries in emergency departments in the U.S. each year. Most of the playground injuries treated by emergency rooms involve bone fractures, bruises, scrapes, and contusions. Though children are pretty tough, infections and fractures can become serious.
Sadly, some injuries can be life-altering consequences such as traumatic brain injuries. If you believe that your child may have suffered a concussion or TBI, it’s important to seek medical evaluation from a qualified physician immediately.
- Fractures, broken bones
- Traumatic brain injuries
- Spinal injury
- Internal organ injury
- Open fractures
- Puncture wounds
- Sprains and strains
Even if your child’s injuries are not severe, they are painful and costly to treat. If you believe negligence was a factor, you can find out if you have legal grounds to pursue compensation in a premises liability claim with help from a playground accident attorney.
Contact a Playground Accident Law Firm Today
We know how scary and frustrating it can be when our children are injured. Our attorneys will work hard to alleviate some of the pressure by pursuing your claim and taking care of the legal aspects on your behalf.
It can be difficult to prove liability in any injury case. We are personal injury attorneys and understand the many challenges that dealing with insurance adjusters and opposing lawyers can bring.
Zanes Law is committed to seeking justice for your child. Contact our Phoenix playground accident attorneys to protect your rights and fight to pursue the maximum damages possible in your claim.