Playground safety has come long way since you were a child. The towering metal slides of yesteryear are being replaced with plastic and conform to specific safety standards. The height and slope are nothing like they used to be. In fact, California laws says that all new and replacement playground equipment must meet the safety standards of the American Society for Testing and Materials (ASTM) and related standards of the Consumer Product Safety Commission (CPSC). California law also mandates that all public playgrounds be inspected by a certified playground inspector. H&S Code § 115725 et seq.
Playgrounds are an essential element of child development and education. Children often learn through their experiences, even when the experience means they injure themselves. To this extent, the leading cause of playground injuries is caused by falls from a playground structure to the ground or between playground structures. Approximately 45 percent of the playground injuries involve fractures and other severe injuries. With the Spring and Summer season right around the corner, more children will be spending time on California’s public and private playgrounds. The San Jose playground injury and premises liability attorneys at Farling, Hecht & Davis, LLP can help if your child has suffered an injury on a playground.
Call our office today at 408.295.6100.
Causes of Playground-Related Injuries
Playground injuries result from a myriad of conditions, such as:
- Falls from bars, jungle gyms, and slides
- Burns from equipment that is too hot
- Negligent supervision
- Moving parts that trap limbs
- Inadequate playground surfacing
- Broken, sharp, or worn playground equipment
Who is Responsible?
If your child is injured on a playground, someone should be held liable for their playground injuries. Ask questions to determine who that should be:
Who Owns the Playground? A municipality or state government is responsible for city or state parks. School boards (public and private) govern school playgrounds. Churches, restaurants and childcare centers are also liable for playground injuries on their property. If negligence, or a party’s failure to properly fulfill their part in providing a safe playground environment, was a factor and your child was authorized to use the playground, premises liability can apply to your case because the accident causing the serious injury happened on their property.
Was the Equipment Faulty? If equipment failure caused the accident, the manufacturer can be held liable. Thus, manufacturers, suppliers and retailers could be subject to product liability torts.
Was the supervisor negligent? If your child was hurt because of poor supervision, the person or persons failing to fulfill that duty are potentially liable for negligence. Example: Teachers who should have been monitoring the school playground were distracted or absent.
San Jose Playground Injury Attorneys
The San Jose playground injury attorneys at Farling, Hecht & Davis, LLP are experienced at helping individuals evaluate the extent their injuries and the potential life altering damages associated with playground injuries. We carefully document every aspect of the case to pursue fair compensation from property owners and their insurance company. Please contact one of our dedicated San Jose playground injury attorneys at 408.295.6100 for a free consultation to discuss your claim.