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My child fell on the playground and was injured. What should I do? Who will pay her bills?

Defective or poorly maintained playground equipment may injure your child

According to the Centers for Disease Control (CDC), more than 200,000 children are injured on playgrounds each year. Many of these injuries are serious.

Your Child May Recover Damages If Someone Else Was Negligent

If your child’s own negligence—or yours—caused her to fall and be hurt, then she is unlikely to recover damages for her injuries. However, if the agency that is responsible for maintaining a playground caused the injuries, then the agency can held liable. The agency may be liable, for example, if a child is injured because of broken equipment or poor maintenance. In order to receive compensation for a playground accident, you must prove the following:

  • The property owner had a legal duty to keep your child safe.
  • The property owner knew or should have known that there was a dangerous condition at the playground.
  • The property owner had an opportunity to repair or warn of the dangerous condition.
  • Your child’s injury occurred because the property owner did not repair or warn of the dangerous condition.

Damages could include compensation for medical bills, disability that will affect your child’s ability to earn a living, out-of-pocket costs, pain, suffering and other expenses.

But Damages Aren’t Automatic

In order to protect your child’s rights, you should take the following steps after a playground injury.

  • Get immediate medical care for your child’s injuries, and follow the doctor’s instructions for follow-up care.
  • Get the names and phone numbers of any witnesses.
  • If possible, take pictures of the scene and the condition that caused the accident.
  • Save all documentation related to the accident. Ask for a copy of your child’s medical records.
  • Do not sign any papers or insurance company agreements until you have spoken with a personal injury lawyer.

You can reach an experienced playground injury lawyer today at 800-800-5678 to learn more about what to do after this type of fall and to schedule your own free, no-obligation consultation so that you can begin protecting your child’s fair recovery.

Jason F. Abraham
Managing Partner, Hupy and Abraham