When you think of a playground, what comes to mind? Is it the sound of children’s laughter? A big popsicle grin winding down the slide? Every parent knows the joy of seeing their child running freely, laughing, and playing with friends on a sunny afternoon in the park.
While we all want to believe that a playground is all fun and games, that is not always the case. The very nature of playgrounds means that accidents can — and do — happen.
Austin, Texas, has many great parks for kids to play, but according to the Nationwide Children’s Hospital, more than 213,000 children in the U.S. visit the emergency room due to playground injuries each year. The injuries reported range from minor fractures to traumatic brain injuries.
When a playground injury occurs, negligence might be to blame. If your child has experienced a playground injury, it is important to understand your legal rights.
Common Causes of Playground Injuries
There are many opportunities for playground injuries. Knowing what to watch for can be helpful in protecting your children.
- Falls are the most common cause, accounting for almost 80% of all playground injuries. Children may fall off swings, slides, or climbing equipment.
- Improper use of equipment, such as standing on slides, hanging upside down from monkey bars, and jumping off swings can all threaten a child’s safety.
- Defective or broken equipment can pose serious risks.
- Hard surfaces under play equipment can exacerbate injuries when falls occur. Ideally, playgrounds should have soft, impact-absorbing surfaces like mulch, sand, or rubber mats.
- Hot surfaces can cause serious burns. Slides, surface materials, and swings can become dangerously hot from exposure to heat and sunlight.
We all know just how hot it gets in Killeen, Texas, making older metal slides a serious risk. Taking just a few moments to inspect playground equipment before letting your child play could prevent a playground injury.
What To Do If Your Child Is Injured
If your child suffers an injury due to a park owner’s or manufacturer’s negligence, take these imperative steps:
- Seek Medical Attention. Always prioritize your child’s health. Get them to a healthcare professional as quickly as possible, even if the injuries seem minor.
- Document the Scene. Take photos of injuries and any equipment involved in the injury. Note the condition of the equipment and surroundings.
- Collect Witness Information. If other parents, caregivers, or children witnessed the incident, gather their contact information. Their accounts can be invaluable.
- Report the Incident. Notify the playground operator or responsible authority. Whether it is a local park department or a private entity, they need to be aware of the incident.
- Keep Medical Records. Maintain detailed records of all medical treatments and expenses related to the injury.
- Contact a Personal Injury Lawyer. An attorney who specializes in playground injuries can review your case and provide you with options based on your legal rights.
Understanding Your Legal Rights
There are two types of liability related to playground accidents – negligence and strict liability. Responsibility can be assigned to different people depending on the nature of the case.
Negligence – Public playgrounds are usually maintained by local governments. If poor maintenance caused the injury, the property owner/operator might be liable.
- Example: Your child fell off the monkey bars and broke their elbow because the safety padding was old and worn. Maintenance failed to replace the padding, so they can be held liable for negligence.
Strict Liability – If the injury happened due to faulty or dangerous equipment, the manufacturer could be held accountable.
- Example: Your child suffered severe burns going down the slide. The manufacturer could be held liable for not installing proper heat protection.
An Austin, Texas, personal injury attorney can help you navigate who is responsible for your child’s injuries. They will help you get your medical bills taken care of and get your life back to normal.
Keeping Your Children Safe
Here are steps you can take to minimize risks:
- Inspect equipment before letting your child play.
- Educate your children about playground safety.
- Report potential dangers to the playground owner or maintenance personnel.
- Always keep an eye on your children while they play.
- Get involved with your community to ensure local playgrounds are properly maintained and meet safety standards.
Stay vigilant, stay informed, and help keep our playgrounds safe and joyful places for our children.
If your child has been injured in a playground accident, contact a Killeen, Texas, personal injury attorney.