Learn when a personal injury lawsuit might be an appropriate response to a playground accident.
Playground accidents and injuries are a natural part of growing up. Most of the time, injuries are minor and require just a few days or weeks of healing. However, according to the CDC website 45 percent of playground injuries are severe, ranging from fractures and internal injuries to head injuries, dislocations, and amputations. Over 200,000 children will visit an emergency room each year with these kinds of playground injuries.
In most cases, no one is at fault for the injury. In other words, the incident really was just an accident. However, in certain cases an accidental injury can form the basis for a valid personal injury complaint. Here are a few considerations that may help you decide whether or not you want to pursue a personal injury lawsuit on behalf of your injured child.
Consider the Severity of the Injury
First and foremost, you must consider the severity of the injury and its impact on your child’s future. A minor fracture may be painful and uncomfortable for your child, but recovery should be relatively quick with no lingering ill effects. As such it is not a very strong basis for compensation. A severe head injury or amputation, on the other hand, will have life-long consequences for your child. You may be facing serious costs in terms of present medical bills, future physical therapy, and even life-long nursing care. This type of injury would form a strong basis for compensation because the need is easier to prove. Your personal injury attorney can help connect you with medical specialists who can testify as to the projected costs of your child’s injury.
Was a Premise Hazard Present?
Next, you must consider the question of liability. One common thread in many playground accidents (especially in low-income areas) is a lack of maintenance of the grounds and equipment. If the owner/operator of the playground facility has failed to take proper care to inspect for and warn of hazards like unstable climbing equipment, rusty or sharp edges, or damaged or inadequate fall surfaces, your child’s playground accident could be considered a premises accident and you could move forward with a personal injury case of this nature.
Remember, the best way to determine if your child’s playground accident justifies a lawsuit is to consult an experienced attorney such as Fernando D. Vargas. Call now at 909-982-0707 for your free initial consultation.
