Personal Injury Lawyer
Children have played on playgrounds for years and years. There have been numerous accidents and most of us can recall getting hurt at one time or another on a public playground. If your child is injured while playing at a playground and you believe the cause to be faulty equipment or faulty supervision, contact a personal injury attorney. They can discuss the concept of premises liability or negligence when it comes to the supervision of children and determine if you have a personal injury claim and compensation.
Negligence in the Supervision of Children
If someone is accepting the duty of supervising your child, that individual may be liable if any hard comes to your child as a result of a lapse in supervision. School staff and teachers have an additional duty of care directed toward your child because of their position. While your children are at school, the teachers and administrators are acting in the place of the parents. It is up to the school to provide efficient supervision plans to insure the children play in a safe environment. The same principle applies to other individuals and organizations that watch your children.
In order to file a personal injury claim for negligent supervision, you have to prove that:
- The defendant agreed to watch your child
- The defendant was not properly monitoring your child
- As a result of the improper monitoring, your child was hurt
For example, if the children are out at recess without anyone supervising them, and a fight breaks out. Without supervision, the argument escalates and one child gets pushed and hits their head on a piece of playground equipment and as a result gets a concussion. A personal injury suit could be filed against the school for negligent supervision of the class. It is the responsibility of the school to supervise the students. The theory is if the teacher or administrator had been monitoring recess and broke up the fight before it escalated, the accident would not have occurred.
Playground operators and schools have a duty to protect the children from any dangers on the playground. In order to file a lawsuit to recover damages for an injury occurring on a playground based on premises liability, you have to prove that:
- The defendant was the property owner or manager
- The child who was injure was the typical person to use the playground
- The proper amount of care was not exercised by the defendant
- The injury was foreseeable
- The carelessness or negligence of the defendant was the sole cause of the injury
If the school or park supervisor knew of any defective playground equipment, and yet did nothing to repair the equipment, the school or the owner of the playground could be charged with premises liability.
If you have a child who was injured on a school playground, contact an experienced personal injury attorney Bristol, TN trusts to discuss your case with you. There are state laws pertaining to injury suits when it comes to government facilities and your lawyer can explain how they affect your case and what kind of damages you may be able to recover.
Thank you to our friends and contributors from The Law Offices of Mark T. Hurt for their insight into personal injuries and playgrounds.