When a playground is not fenced in or there are no signs indicating who is permitted on the playground, it can be expected that many children will enter and use the playground. Recently, playgrounds have started posting the appropriate age level for the available equipment. This is a factor to consider if a lawsuit is brought due to an accident that occurs on that playground.
Premises liability laws will apply whether the playground is at a public school, private school, daycare, or park. Certain states may have a lower standard of care for the owner if the owner is a public entity, so it is always important to check prior to considering a personal injury lawsuit.
Who is Responsible?
Other factors to consider will be whether the playground is being used as intended by the children. For example, if older children are using the playground in a way that was not intended, for example, they were on top of an area that could not hold their body weight, and a fall occurred, the playground owner’s liability may be reduced.
A playground owner’s liability will be increased if there is an unexpected hazard on the playground, such as a crack or breakage in the equipment. If the break has been there for some time and the owner knew or should have known about the hazard on the equipment, then this will also be a factor if a lawsuit arises.
Injuries that occur due to playground accidents are bruises, cuts, scrapes, burns, and broken bones. In recent years, playgrounds have utilized equipment that is less likely to produce burns for children who sit on the equipment after it has been sitting in the sun for a while.
Victims must also consider whether it is only the owner who is liable for the injury. Depending on the condition and design of the playground, the designer and manufacturer of the playground equipment may also be at fault. If it has been found that the equipment has repeatedly failed in other locations, then the manufacturer could be liable. Additionally, if the playground was constructed in a place that the designer knew or should have known to be dangerous, and placed the equipment there anyway, that person or company could be held liable if that dangerous condition caused an injury.
Cherry Hill Premises Liability Lawyers at DiTomaso Law Help Victims Injured in Playground Accidents
If you have been involved in a slip and fall accident or have a claim regarding premises liability, the Cherry Hill premises liability lawyers at DiTomaso Law can help. We will analyze your claim and hold the negligent party accountable for your injuries. Our offices are in Philadelphia and Cherry Hill, New Jersey to serve clients from the surrounding areas. Contact us online or call us today at 856-414-0010 for a free consultation.