Law Talk: Who is Liable for a Playground Injury?

It used to be that kids were usually the ones to blame for any injuries sustained on the playground. Nowadays, the focus has shifted onto those supervising the children, as well as manufacturers and marketers of playground equipment.

On school playgrounds, studies have shown that most injuries occur because of a lack of supervision, and many personal injury lawsuits have been filed for this reason. While it’s not possible for every child to be watched constantly, it is expected that school personnel provide a reasonable amount of supervision to avoid these kinds of accidents.

playground set in the rain

City parks and playgrounds can be held liable for injuries if the playground in question doesn’t have the proper materials around it to make it a safe place for kids to play. Without materials like wood chips or other shock-absorbing materials under the playground equipment, those slides and monkey bars are unsafe for kids.

However, some states have adopted the guidelines set by the Consumer Product Safety Commission and the Consumer Federation of America to ensure that playground equipment meets established guidelines for playground safety. These standards have been used to successfully sue equipment manufacturers over playground injuries or deaths, and even without these guidelines there have been cases where manufacturers have been sued for liability. With the adoption of these standards in some states, and with more states expected to adopt them in the future, the focus of playground injury lawsuits is increasingly shifting onto the manufacturers.

Playground injuries are nothing to laugh at. If your loved one has been injured on a playground, contact Simon Law Group at (702) 364-1650 to schedule a free consultation.

Main photo by Uncle Saiful