As a parent, you don’t want to imagine your child getting hurt at a playground. Unfortunately, it can happen. While these types of injuries might seem relatively innocent, they can also arise from negligence.
If you think your child may have suffered injuries from a preventable accident, it may be helpful to consult a New York premises liability lawyer. Below, our premises liability accident lawyers in New York from Ross & Hill discuss what you should know about defective playground equipment accidents.
Playground Safety Regulations
The Consumer Product Safety Commission reports that every year, over 200,000 children visit U.S. emergency departments with injuries from playground equipment. The same facts sheet also advises that playgrounds be equipped with at least a foot of shock-absorbing material, like mulch, wood chips, pea gravel, sand, or rubber. This is because the majority (80%) of injuries at playgrounds occur from falls.
When playgrounds fail to meet safety regulations, the risks of injuries increase. For example, the Consumer Product Safety Commission recommends that play structures that are 30 inches high be spaced at least 9 feet apart. Protective surfacing should extend 6 feet in every direction from play equipment.
Any spaces that could potentially trap children, like the areas between ladder rungs, must be either smaller than 3.5 inches or larger than 9 inches. The recommendations continue from here, but ultimately guide parks to provide safe facilities for children.
Who Can Be Held Accountable for Playground Injuries?
Determining liability after a playground accident often depends on who owned, maintained, or manufactured the equipment involved. In many cases, multiple parties may share responsibility. A New York premises liability lawyer can evaluate the case to provide guidance.
The Property Owner
Under premises liability law, property owners have a duty to keep their premises reasonably safe for visitors. This includes playgrounds located at apartment complexes, daycare centers, private schools, and other privately owned properties.
If a property owner fails to inspect equipment regularly, ignores obvious hazards, or neglects necessary repairs, they may be held responsible for resulting injuries. Common issues include broken swings, loose bolts, rusted structures, or worn-out surfaces that increase the risk of falls. When owners fail to correct these hazards within a reasonable timeframe, they may be held liable for injuries that occur on their property.
The Municipality
When playgrounds are located in public parks or schoolyards, the local government may be responsible for maintaining safe conditions. This is particularly relevant in places like New York City, which has over 1,700 parks.
Municipalities may be held accountable if they fail to inspect equipment regularly, delay necessary repairs, or allow hazardous conditions to remain unaddressed. For example, broken slides, unstable climbing structures, or deteriorated protective surfacing can all create risks if left unattended.
Maintenance Companies
Property owners and municipalities often hire third-party contractors to install, inspect, or maintain playground equipment. When these companies perform their duties negligently, they may assume liability for injuries that occur. Examples of negligence may include improper installation of playground structures, failure to secure bolts or anchors, inadequate inspections, or using poor-quality materials during repairs.
Manufacturers
In some cases, the playground equipment itself may be defective. When this occurs, the manufacturer may be held liable under product liability laws. Defects sometimes arise from poor design, manufacturing errors, or the use of substandard materials.
Seeking Accident Compensation
To pursue compensation after a playground injury, families must typically prove that another party was negligent. This means showing that a responsible party owed a duty of care and did not uphold that duty, failing to maintain safe conditions, and directly causing the child’s injuries.
Depending on the nature of the accident, you may be able to seek compensation for medical expenses, rehabilitation costs, pain and suffering, and other damages related to the accident. A New York premises liability lawyer can discuss options with you based on your case details.
What To Do if Your Child Is Injured
If your child is injured on a playground, taking the right steps can help protect their health and any potential legal claim. Consider the following:
- Seek medical attention immediately, even for seemingly minor injuries.
- Report the incident to the property owner, school, park staff, or other parties in charge.
- Document the scene by taking photos of the equipment, surrounding conditions, and visible injuries.
- Collect witness information from anyone who saw the accident occur.
- Consult a premises liability lawyer who can help evaluate your options and guide you through the legal process.
Are You Looking for a Premises Liability Attorney in New York?
While evaluating your potential legal options, you may be wondering about the differences between premises liability and personal injury cases. Check out our informative guide, or call our team at (646) 351-6222 to speak with a New York premises liability lawyer from Ross & Hill about your case.
FAQs Answered by Our Personal Injury Law Firm in New York
Do you still have questions about defective equipment accidents? Find answers below.
What Does an NYC Premises Liability Lawyer Do?
Premises liability lawyers investigate property owner liability, gather relevant evidence, and help you determine the right legal pathway toward compensation, if available. They can aid in filing insurance claims, pursuing lawsuits, and representing your case in court.
Can You Sue the Government for an Accident at a City Playground?
You can sue New York municipal governments for accidents at public playgrounds, though your options are rather limited, and the process can be complex. You may be able to file a claim if you or your child’s injuries directly resulted from negligent maintenance or similarly hazardous conditions that lacked warnings.
How Long Do You Have To File a Premises Liability Lawsuit in New York?
You generally have three years from the date of your accident to submit a personal injury claim in New York. Some exceptions apply, though. For example, minors may have three years from the date they turn 18 to submit their claim, so claims involving children could benefit from the involvement of a New York premises liability lawyer to discuss optimal timing strategies.
