Injuries on the Playground – Negligence or Just an Accident?
Although summer is in full swing, in just a few short months parents will be sending their kids back to school for another year. And while the school year is filled with classroom learning, for many kids, the most fun is had outside of the building on the playground.
Nearly every school day, kids across the country wait until the bell rings so that they can run outside to the playground to enjoy free time with friends. But what happens if during a recess period your child sustains a serious injury?
Sadly, playground injuries occur far too frequently at schools across the country. But while many of the injuries are likely due to unavoidable accidents, a significant number could likely be prevented, and may result due to the negligence of one or more parties. As such, if your child sustains an injury on a playground this year in Mobile, consider contacting a skilled attorney. To be sure, a dedicated Alabama personal injury attorney will be able to examine the specifics of your case to determine whether or not you are eligible to recover compensation for your child’s injuries.
Playground Injuries: Who is at Fault?
According to statistics provided by the Centers for Disease Control and Prevention (CDC), emergency rooms across the country provide treatment for more than 200,000 children age 14 and under who have sustained injuries on a playground. And, as mentioned above, while some injuries were the result of accidents, many could have likely be avoided in the absence of negligence.
In this case, when examining negligence, and ultimately determining who was fully or partially at fault for the accident, many legal theories may be proposed.
First, you may be able to file a personal injury claim under the theory of negligent supervision. In this case, you must show that a certain party was responsible for supervising your child while on the playground, and their failure to do so contributed to your child sustaining a serious injury. This may have been the case if your child was injured while at school during a recess hour, when a teacher or other administrative staff member should have been present. If you choose to file a lawsuit under this theory, it is imperative that you retain an attorney who has a strong understanding of the immunity that Alabama schools possess and how that may affect the legal process.
If your child wasn’t injured during school hours, however, but they were still hurt on a school playground, you may be able to file a claim under the theory of premises liability. Here, you must show that the child was injured on the playground due to some sort of hazard that was present and that the school should have corrected. This may be the case if your child sustained lacerations by aging playground equipment or slipped and fell over hidden obstacles in the gravel.
Finally, you may also have the ability to file a lawsuit based upon the theory of product liability. In this type of claim, you must show that your child was injured while using a piece of playground equipment, and that a specific defect in this equipment led to the injury. This type of claim may arise, for example, if your child was hurt on a swing that broke, or was cut on a faulty slide. Here you have the opportunity to claim that the defect arose in the manufacturing process or the design process, or that it lacked proper warning labels before it was sold. Because this is such a complex process and can involve so many parties, it is imperative that you reach out to a dedicated attorney in Mobile for help.
Let Us Assist You in Recovering Compensation for Your Child’s Injuries
A school playground should be a place of both fun and learning for young children. Unfortunately, however, it is often the site of minor or catastrophic accidents that could have been prevented.
If your child sustains an injury on a playground this year, don’t hesitate to reach out to the passionate and skilled attorneys at the Law Office of J. Allan Brown, LLC by calling (251) 473-6691 or through our online contact form. We have a deep understanding of Alabama personal injury law and we are prepared to begin working on your case immediately.