What if My Child Suffered a Preventable Injury on a Playground?

 Posted on November 20, 2020 in Personal Injury

If you ask most children what their favorite part of the school day is, they will likely respond with an exuberant, “Recess!” Playing on a playground can be a great way for children to have fun and exercise. Unfortunately, playground accidents can result in traumatic brain injuries, broken bones, and other serious injuries. If your child was hurt in a playground accident at school, daycare, or a public park, you may be wondering what your legal options are. Depending on the circumstances of the injury, you may be entitled to compensation for your child’s medical expenses, pain and suffering, and more.

Who Is Liable for a Child’s Injuries After a Playground Accident?
Most children experience multiple skinned knees, cuts and bruises, and other injuries before reaching adulthood. While many child injuries are simply a part of growing up, other injuries are the direct result of negligence. Some playground accidents occur because the playground equipment was not properly installed. Others occur because the equipment was broken, rusted, or otherwise defective. Playground accidents may also happen when the adults responsible for supervising the children are negligent. Because school employees and daycare staff are acting in loco parentis or “in the place of parents,” they have a legal obligation and duty to protect children from foreseeable dangers. If your child’s injury was due to dangerous playground equipment or negligent supervision, you may have a valid personal injury claim. The school or daycare facility may be liable for damages. Responsibility may also lie with the government agency that owns or maintains the playground. It is also possible that the liable party is the company that designed, manufactured, or installed the playground equipment.

How Can I Hold the Negligent Party Accountable and Recover Compensation?
A personal injury claim may enable you to recover damages or compensation for the losses you and your child have experienced because of the injury. If you choose to file a lawsuit, the type of lawsuit you will be pursuing will depend on who the negligent party is and how the injury occurred. Suing a private school or private daycare facility will fall under a different set of laws than suing a government property like a public school. Claims filed against Illinois state are governed by the Illinois Court of Claims Act. Claims against municipalities are regulated by the Local Governmental and Governmental Employees Tort Immunity Act. In order to bring a successful claim against a school district or other local government entity, you and your attorney may need to prove that the injury was caused by “willful or wanton” wrongdoing.

Contact a Decatur Playground Accident Lawyer
Bringing a claim for damages against a daycare, school, or municipality can be a complicated legal endeavor. The experienced Springfield personal injury attorneys at Kanoski Bresney have served the central Illinois community for over 40 years. We understand the complexities of personal injury law and are ready to help you fight for the compensation you and your child deserve. To schedule a free case consultation, call our office today at 888-826-8682.

Sources:
https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1865&ChapterID=50
https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2062