Playground Dangers and Your Right to Compensation in Pennsylvania

Playgrounds are places for children to exercise, play, laugh, and socialize with other children. Children rely on adults to provide safe and sturdy playgrounds at schools, daycare centers, and public parks. Children don’t understand the dangers of swings, jungle gyms, seesaws, balance beams, and other playground equipment.

At Carmody & Ging, Injury & Accident Lawyers, we understand why playground accidents happen, who is responsible, and how much your child’s injury claim is worth. We hold manufacturers, childcare organizations and businesses, and public entities accountable when they fail to properly design playgrounds or monitor the use of playground equipment.

Why is playground equipment unsafe?

Playground equipment should be designed for children of all ages, from toddlers and preschool children to grade school children.

Some of the reasons playground equipment can cause an accident to your child include the following:

• Improper spacing of the equipment so that children don’t run into each other and don’t have enough room to maneuver
• Not designing the equipment with the foresight to understand that children may fall
• Not having sturdy safety rails
• Failure to designate the age groups that can use each type of playground equipment
• Defective design and manufacture of the playground equipment
• Defective installation of the playground equipment
• Failure to warn adult supervisors and children about the dangers of the equipment
• Failure to regularly inspect and maintain the equipment
• Failure of daycare centers, schools, and other property owners to supervise the use of the playground equipment
• Failure to consider how the heat of summer and the cold of winter can affect the use of playground equipment

What types of playground injuries are common?

Our Pittsburgh personal injury lawyers represent children and parents who suffer any type of playground injury, including:

• Traumatic brain injuries and other types of head trauma from falls or collisions.
• Collisions between the children who use the equipment.
• Clothing and limb entanglements in the equipment.
• Spinal cord injuries.
• Broken bones/fractures.
• Burn injuries.
• Nerve, tissue, ligament, tissue, and tendon damage.
• Back, neck, and shoulder pain.
• Crush injuries.
• Being struck by objects.
• Strangulation.
• Death.

A few other common types of playground injuries, according to the Cleveland Clinic, include a split lip, bloody nose, black eye, friction burns, sprains, blisters, splinters, dental injuries, and eye injuries.

Who is liable for playground injuries in Pittsburgh?

Our Pittsburgh playground injury lawyers file claims against all responsible parties, including the following:

• Manufacturers of the playground
• Schools and school districts
• Daycare centers
• Local municipalities
• Contractors who install playground equipment
• Maintenance and repair companies
• Anyone with the duty to supervise the child

What types of playground accident claims do you file?

We file the following types of claims:

• Negligence claims. We review who had the duty to protect your child, how the duty was breached, and who was responsible.
• Strict liability claims. Generally, we can hold the manufacturers, distributors, and retailers of playground equipment liable if their product is defective and the defect causes your child injuries – without having to prove the manufacturer was negligent.
• Breach of warranty. Manufacturers may be liable if their equipment is in breach of any express or implied warranties.
• Breach of contract. The owner of the playground may contract with others to inspect and maintain the equipment or to supervise its use.

Property owners may be liable if they fail to regulate the time of day the equipment can be in use and the seasons when children can use the playground equipment.

We demand compensation for your child’s medical expenses, pain and suffering, scarring and disfigurement, loss of bodily function, and loss of enjoyment of life. We review the long-term effects on your child’s physical and mental health. Our lawyers also examine your financial losses because you need to take time off from work to care for your child.

What steps do you take if a playground accident happens in Pennsylvania?

First, you should have a hospital or your family doctor/pediatrician examine your child as soon as possible. Early medical attention helps maximize your child’s recovery and also helps show that your child suffered severe injuries.

Our lawyers will have investigators examine the playground equipment and the playground area. We can have a product safety expert examine the equipment if your child’s injuries are due to a defective playground product.

We’re prepared to review if there were any other previous accidents on the piece of equipment or the entire playground area. We can examine the purchase, inspection, maintenance, and repair documentation for the equipment/playground area.

Our lawyers will speak with any adult witnesses and also work to speak with any children who were at the playground at the time of the accident.

We can question everyone involved, negotiate with the insurance companies, and, if necessary, argue your child’s case before a local jury.

What are some of the unique issues that playground equipment accidents involve?

The main concern with playground accidents is that your child is a child. Some of the issues that we focus on include the following:

• Children often have difficulty expressing themselves due to their youth. We work with child professionals who can help your child say what happened and how they’re feeling.
• Generally, in Pennsylvania, children are not capable of contributory negligence if they are under seven. The possible contributory negligence of children between seven and 14 is decided on a case-by-case basis. There is a presumption that children 14 and over are responsible for their actions. That presumption can be rebutted in some cases. Even children between 15 and 17 are judged at a lower standard than adults.
• Doctors who treat children need to consider that your child will grow. Your child’s medical care should consider how the growth of your child will affect their treatments and their recovery.
• Normally, any settlement or verdict is placed in a trust to be used for their medical needs and personal needs.

In some cases, more than one defendant may be liable. For example, a daycare center and a manufacturer may both be responsible for your child’s injuries. There are specific notice requirements and other requirements for filing a claim against a public entity such as the City of Pittsburgh.

It’s one thing for your child to come home with a small cut or scrape. It’s quite another to receive a phone call or text that your child is in the local University of Pittsburgh Hospital or any other nearby hospital. It’s devastating to learn your child may need surgery and/or that their life may never be the same again. At Carmody & Ging, Injury& Accident Lawyers, we hold those who fail to honor their duty to protect your child accountable. Please call us or fill out our contact form to schedule a free consultation.