Parties who may be liable for playground injuries in North Carolina include the following:
- The playground owner
- Those responsible for supervising the playground
- People or organizations that bring children to the playground and supervise them
- A government entity that owns or installs a playground
- Manufacturer of playground structures
- Playground designer
- People responsible for intentional harm or jostling crowds
Our experienced Apex premises liability lawyers at Horton & Mendez Injury Attorneys can help determine the liable party.
Playground Accidents and Liability
Playground liability may be due to a problem with the playground equipment itself. It may have a design that is dangerous or may be prone to failure. It may be too difficult for children to use safely.
In addition, there can be liability for the way the playground is run and supervised.
Playgrounds are common in many places, including:
- Schools
- Parks
- Backyards
- Churches
- Daycares
- Businesses
If your child is hurt at a playground on public or private property, your child may have a compensation claim.
Playground Injury Lawsuits
A playground injury lawsuit can help a child receive compensation when they are hurt at a playground. An injured adult may also have a claim.
Common Playground Hazards
- Falling off a tall ladder
- Slippery surfaces
- Inadequate places to grip
- Sharp objects
- Places where fingers, toes, and limbs can get stuck
- Materials that can splinter
- Objects that can become loose
- Trip and fall hazards
- Chemical and toxic exposure
Common Playground Injuries
- Broken bones
- Brain injury, concussion
- Paralysis
- Loss of limb
- Lacerations
- Bruises
- Soft tissue damage
- Scars
When a School, Park, or Private Property May Be Liable
A playground owner is not automatically liable for all injuries that may occur on their property. The standards of negligence, or premises liability, apply to the playground owner.
Generally, a school, park, or private operator may be liable for playground injuries if the following occurs:
- A dangerous condition existed on the property.
- The property owner is at fault for the dangerous condition. This can be true for two reasons:
- The evidence shows that the property owner knew about the dangerous condition and the risk of harm it presented.
- The dangerous condition existed for long enough that the property owner should have known about it.
- The property owner didn’t take reasonable steps to address the risk.
- An injury occurred.
- The injury occurred because of the dangerous condition.
Liability may also exist because of failing to warn of hidden dangers.
Whether a playground owner is liable depends on what happened in that specific situation. It’s important to investigate the facts to prove premises liability.
Failure to warn and hidden dangers
One basis for liability can be failure to warn and hidden dangers. The playground owner may have liability if there are dangers that are not immediately obvious. They may need to provide warnings for children to use equipment safely.
Playgrounds and the Attractive Nuisance Doctrine
Property owners may also have liability based on the attractive nuisance doctrine. The law recognizes that certain things may be attractive to children, such as playgrounds, pools, and other amusements. Children may not be able to appreciate dangers. Even when a child is a trespasser, the property owner has a duty to protect them.
How Negligent Supervision Can Lead to Liability
Negligent supervision can create playground liability. A school or daycare may be liable for not watching children appropriately.
They may allow children to use equipment that they are too young or too old to use safely. They may not redirect a child when they are doing something dangerous. Negligent supervision can result in liability when caregivers don’t take adequate measures to prevent harm.
Product Defects and Equipment Malfunctions
Playground injury liability may be based on a problem with the playground equipment itself. The legal theory is defective products. Equipment can be unreasonably dangerous because of a poor design. A manufacturing defect may be specific to the structure, or there may be inadequate warnings and instructions.
What Evidence Is Needed for a Playground Injury Claim
Evidence needed for a playground injury claim may include the following:
- How the child got hurt
- What events led to the injury
- If warnings or instructions were given by the manufacturer regarding the installation or use of the equipment
- Expert testimony regarding the design of the equipment
- Injuries and medical care received
- The long-term effects of the injury and the child’s recovery
- Financial costs
- How the injury has changed the child’s life
You may build your case with lay witnesses, experts, inspections and testing, photographs, videos, designs, records of other incidents, and other information. The critical evidence will depend on your case.
Expert witnesses in playground injury cases
A playground injury claim may require an expert witness. Your attorney can take the steps to use an expert in your case.
Compensation Available to Injured Children and Their Families
An injured child and their family may receive compensation for how they are impacted by the playground accident. Injuries may be life-changing. Your attorney can evaluate the categories of damages to claim compensation.
Assisting a child plaintiff
Parents and guardians must facilitate a claim on behalf of their child. Our lawyers can help your child start a claim.
Contributory negligence
North Carolina recognizes contributory negligence. The age of the child matters for how the child’s actions will be evaluated. Until age 7, a child cannot have contributory negligence. From ages 7-14, it’s presumed a child is incapable of contributory negligence, but the presumption can be overcome. A child over 14 is evaluated with the same standards as an adult, but the presumption is rebuttable.
Timeline to file a case
Usually, the statute of limitations for playground injury is three years. However, the statute of limitations is tolled for children under 18. You should never wait to contact a lawyer. We can work efficiently to meet your child’s needs through experienced legal representation.
Contact an Experienced Apex Premises Liability Lawyer
If your child or an adult has been injured at a playground, please contact an experienced Apex premises liability lawyer. Horton & Mendez Injury Attorneys can determine who is liable for playground injuries in NC. We are accepting new playground lawsuit cases. Call or message us now.
