A playground is supposed to be a place where children can go and enjoy themselves while engaging in a range of activities on swing sets, slides, jungle gyms and other common recreational equipment. The interaction with other children while under the supervision of their parents is fun and beneficial, and playgrounds are also a great place for children to exercise and make friends.
However, as fun as the school playground might be, it is also a place where accidents can occur and where children can sustain injuries. Sometimes such an incident might be just an accident, but quite often it can be the result of negligence on the part of the school. The last thing you want to hear as a parent entrusting your child to a school’s care each day is that your child sustained an injury, especially if it is a serious one. Your child’s welfare is, of course, your main concern and should be the school’s as well.
School, city, and county playgrounds are supposed to be properly maintained in order to ensure safety for your children. The playground equipment should be in proper working order, and school playgrounds should be supervised at all times children are present. Negligent supervision, improperly maintained or manufactured equipment, damaged equipment, and unsafe grounds, in general, can put your child at risk for an injury.
If your child has been hurt at a school playground, as a result of negligence, improper supervision, defective equipment or improperly maintained equipment, you may be able to take legal action against the school district, an individual employed by the school or the school board.
Filing a Lawsuit Against a School for Injuries Sustained on a School Playground
There are many different scenarios that may give you the right to take legal action if your child sustained an injury on a school playground. These include:
- Negligent supervision
- Staff and/or teachers who have not been properly trained
- Bad maintenance of grounds
- A lack of proper security
- Poorly maintained, poorly manufactured or damaged equipment
- A failure to protect children against risks of foreseeable harm
- A failure to repair defective equipment
- An act of bullying that was not prevented
The school has a duty to ensure safety for all the children in and around a school playground. Failure to provide proper supervision or security and a safe environment can make the school legally liable for any injuries or accidents that occur on its playground. If your child has sustained an injury, it must be proven that the responsible party at the school acted in a negligent manner or failed to provide a safe and secure environment for the children.
If the injury was sustained as a result of an act of bullying, the offending child’s parents might also be held liable for the injury, as well as the school staff members who were negligent in preventing or stopping the incident of bullying.
Additionally, if the school is private, then there will likely be different parties or organizations that could ultimately be held responsible.
When seeking to file a claim, it is important that you speak with a lawyer who is experienced in playground injury cases. The attorney will know what questions to ask and what to investigate in order to find out who was ultimately responsible and whom the case should be filed against.
The playground injury lawyer will also investigate many of the facts of the case by traveling to the playground, inspecting the grounds and equipment, taking pictures, and building a case of evidence so that negligence or another cause of injury can be successfully proven, ensuring that you receive the compensation you need and deserve. Compensation can cover medical bills, pain and suffering, mental anguish, and any future medical bills or expenses for care that may be incurred as a result of the injury.
It is important to file a claim or lawsuit in a timely fashion, as cases such as this often have strict deadlines. Keep all records of the incident, including any photos you might have taken, notes on responses or communication with school staff and officials, any school or police reports, and medical paperwork and expenses. Having all this information organized and available will make it easier for the lawyer to file the necessary claim and paperwork in a timely fashion.
If your child has been injured at a school playground and you wish to know what your legal options might be and who might ultimately be held responsible, contact the experienced and professional attorneys at the Boston law firm of Colucci, Colucci, Marcus & Flavin, PC. You’ll find that our attorneys are experienced in cases involving school, city and county playground injuries and will fight hard for you to ensure that you receive the maximum possible compensation for your child’s injuries. For a free initial consultation with one of our seasoned personal injury lawyers, call us at (617) 698-6000, or get in touch with us via email.