When a child is injured on the playground and requires medical attention, there is a possibility that the parents can seek financial compensation from a responsible party. Depending on the circumstances, one or more parties might be responsible for your child's injury. Here are three possible defendants with whom you can file a lawsuit or claim.
Equipment Manufacturer
Manufacturers have the responsibility of ensuring that their products are free of structural issues. If the playground equipment that your child was using at the time of the injury failed, you could file a claim against the manufacturer. For instance, if your child was cut by a sharp piece of metal protruding from the equipment, you can hold the manufacturer responsible.
Equipment Operator
In addition to holding the manufacturer responsible, you can potentially name the operator of the equipment as a defendant, too. The operator is responsible for ensuring that the equipment is inspected on a regular basis and that it is serviced as needed. If the operator failed to do that, it could be responsible.
It is important to note whether or not you can hold the operator responsible can sometimes depend on who it is. For instance, if the operator is a school, it might be protected by governmental immunity. Whether or not you could sue would depend on the state in which you live. Some states allow you to file a claim with the school to recover the cost of some damages, such as the medical bills.
Your state's laws might require you to file a claim with the school first and attempt to settle the case before you can file a lawsuit.
Another Child
In the event that your child's playground injuries occur because of the actions of another child, it is possible that you can hold his or her parents responsible. For instance, if the other child deliberately pushed your child off of the equipment and caused him or her to be injured, you could possibly sue the parents.
To hold the other parents responsible, you could argue that they failed to properly supervise their child or that the behavior of the child was particularly reckless.
Consult with a personal injury lawyer in your state to determine who can be held responsible for your child's injuries and whether or not there is a legal action possible to recover financial compensation to cover the cost of damages your child suffered.
