No parent wants a call from school that their child suffered a serious injury on the playground. It may feel natural to want to blame someone for allowing this to happen. But can you legally hold your child’s school liable for a playground injury?
Consulting a personal injury lawyer in New York can help you understand your options for suing a school for a child’s playground injury. This guide also provides a general overview of your legal rights.
When Might a School Be Liable for a Playground Injury?
It isn’t uncommon for kids to play roughly at recess. The Children’s Safety Network reported that more than 218,000 playground-related injuries are treated in emergency rooms each year, and that falls are the most common cause of injury.
Monkey bars and playground gyms are the equipment most likely to cause injury, followed by swings. Tragically, approximately 15 children die every year from playground-related injuries.
When your child becomes injured during recess, you may wonder whether the school could be responsible. Suing a school for playground injuries requires you to prove that it was negligent in the accident.
The school is responsible for reasonably mitigating playground hazards that could lead to injuries. A few examples of hazards the school might be liable for include:
- Playground equipment that breaks during normal use due to inadequate maintenance or improper installation
- Unsafe fall surfacing, such as hard concrete surfaces under swings and jungle gyms
- Tripping hazards, like protruding tree roots near play zones
- Insufficient spacing between equipment to prevent collisions
The school could also be liable if a lack of supervision led to the injury. However, New York lacks specific laws on the adult-to-student ratio during recess periods, and this is instead left to the school’s discretion.
Proving Liability for Playground Injuries at New York Schools
If you are considering suing a school for a child’s playground injury in New York, you should start by determining whether your case meets these four criteria involved in proving negligence:
- The defendant owed you a duty of care. This is generally true for school staff members, as their roles require them to take reasonable measures to prevent harm to students.
- The defendant breached the duty of care. You would need to show that the school’s action or inaction failed to meet the standard of care expected of them.
- The breach caused an accident. You would need to tie the breach directly to your child’s accident on the playground.
- Measurable damages occurred in the accident. Several types of damages can arise from injuries, such as medical expenses and physical and emotional pain.
Suing a Private vs. Public School for Playground Injuries in New York
The process of filing a claim for a child’s playground accident in New York can vary depending on whether the school is public or private.
Public schools are considered government entities, which means they fall under the doctrine of sovereign immunity. You would need to file a Notice of Claim within 90 days of the incident to be eligible for legal action, then initiate a lawsuit within one year and 90 days of the accident.
Meanwhile, private schools do not fall under these same standards. The typical three-year statute of limitations would apply, and you would not need to file a Notice of Claim.
A premises liability lawyer in New York can help you understand the nuances of your case and provide guidance through each stage.
Potential Complications When Suing a School for a Child’s Playground Injury
Suing a school for a child’s playground injury in New York may be more complicated than pursuing a personal injury claim against a typical business entity. Your attorney can help you manage the following challenges:
- Proving negligence can be challenging. You need to prove that the injury wasn’t purely accidental and that the school’s actions or inactions contributed to it. Proving liability for playground accidents can be difficult when children play roughly on playgrounds and are prone to injuries.
- Schools often have strong legal defense teams. The school may present a strong legal defense, especially if it is a public school or part of a large institution.
- The notice period is often very short. You may only have 90 days to file a Notice of Claim, and failing to meet this deadline could mean permanently waiving your right to sue.
Being aware of these potential challenges in advance can help you prepare for them.
Contact a Personal Injury Lawyer in New York
Finding out that your child was injured due to the school’s negligence can be devastating, and pursuing legal action may be one way to begin moving forward. Ross & Hill provides legal representation through personal injury cases involving schools and other large entities.
If you are wondering whether to sue a school for a child’s playground injury in New York or to determine liability for defective playground equipment, request a free consultation today by calling 646-351-6222.
Frequently Asked Questions
What are common playground accidents?
A few examples of common playground accidents are falling from equipment, becoming stuck in narrow openings between ladders or guardrails, and pinching and crushing injuries due to fingers becoming caught in moving parts.
What if an accident occurred due to a staff member failing to supervise at recess?
If your child’s accident happened because a staff member wasn’t watching closely (or at all) during recess, you may be able to hold the school liable. Schools often assume vicarious liability for their staff members.
What are your legal rights after a child is injured at a school playground in New York?
After your child is injured at a school playground and you determine that the school was negligent, you may have the right to seek damages from the school. These may include both economic damages, such as medical expenses, and non-economic damages, such as pain and suffering or emotional distress. Speak with an attorney about suing the school for your child’s playground injury.
