When a child falls on the playground, it may not seem serious unless the child sustains a severe injury due to unsafe conditions, such as a traumatic brain injury. If this is the case, you may be wondering who should be held accountable for these unsafe conditions. Since playgrounds are a source of many scraped knees, bruises, and other injuries, the answer may not always be clear.
Causes of Playground Accidents
Playground accidents can happen for a few different reasons, including the following:
- Unmaintained equipment
- Lack of protective surfaces
- Lack of proper supervision
- Equipment with protruding parts
Who is Liable for a Playground Injury?
When a child is injured on the playground, liability falls on who or what was responsible for causing the injury. If the injury was the result of unmaintained playground equipment or a lack of protective surfaces, then it is considered premises liability and the playground owner would be held liable. However, if the injury resulted from a lack of supervision, liability would fall on the child’s parents or whoever was responsible for watching the child.
When a Parent, Guardian, or Childcare Worker is Responsible for the Injury
When a person takes on the responsibility of watching a child, it is up to them to keep the child safe. However, individuals tasked with looking after children on a playground will not automatically be held responsible if a child gets hurt on the playground. It is nearly impossible to pay close attention to a child while they are playing, especially if more than one child is involved.
In order for a parent or nanny to be held responsible, the child must have had exhibited dangerous behavior, and the adult in charge failed to correct their behavior. On the other hand, if a child was not exhibiting dangerous or unnatural behavior at the time of the injury, a parent or child supervisor would not be expected to have been paying close attention to the child.
Playground Injury Statistics
Seventy percent of all playground school injuries occur during recess or physical education. In addition, 40 percent of playground injuries occur due to a lack of proper supervision. On average, 17 children die as a result of playground injuries every year. Many of these deaths could have been avoided if playgrounds were designed with safety as the top priority.
Virginia Beach Personal Injury Lawyers Represent Clients Who Have Sustained a Personal Injury
If you or someone you know has sustained a personal injury, contact one of our skilled Virginia Beach personal injury lawyers today. At East Coast Trial Lawyers, we will fight hard for your rights and will get you the compensation you deserve for your pain and suffering. Contact us online or call us at 757-352-2237 to schedule a free consultation. Located in Virginia Beach, Virginia, we serve clients in Chesapeake, Eastern Shores, Hampton, Newport News, Norfolk, Portsmouth, and Suffolk, Virginia, as well as North Carolina and nationwide.