As a parent, nothing is more worrisome than sending your child off to playdates, camps, or school and wondering if they might get injured. Kids are prone to accidents and some injuries are inevitable, but it’s important for parents to understand their legal rights if there is an instance of negligence. Here we will discuss a few scenarios of when a child may be injured on the playground and what steps parents can take.
Injury on the Playground: Who is Responsible?
The first step in determining who is responsible for a child’s injury is to identify who owned the playground or created the environment where the incident occurred. If it was a private business such as a daycare center or camp, then that organization may be held liable for any injuries that resulted from negligence or lack of supervision.
On the other hand, if the playground was public property (i.e., owned by a city or county), then parents should look into whether there were proper safety measures in place prior to their child’s injury. If not, then the municipality may be held accountable for any damages caused by their negligence.
Alternatively, parents may want to consider whether the injury was an intentional occurrence. Being pushed from playground equipment, an object getting thrown and hitting the child in the head, and other physical violence is unfortunately common, and children may sustain severe injuries as a result. Conversing with the injured child about the source of their injury is essential when determining when to move forward with legal action.
When Can I Pursue Legal Action?
Each state has its own laws about when people can bring lawsuits against another party for negligence or wrongful death. Generally speaking though, if you think someone else’s negligence was responsible for your child’s injury, then you should consult with an experienced attorney as soon as possible to determine whether you have grounds for legal action. Your lawyer will also help evaluate any claims you may have against multiple parties and will advise you on how best to proceed with your case so that you receive compensation for your losses.
What Damages Can I Recover?
If your claim is successful, you may be entitled to compensation for medical expenses related to treating your child’s injury; additionally, you may be entitled to pursue compensation for emotional distress if you witness the incident.
Does California Observe Sovereign Immunity for Public Parks?
While sovereign immunity often prevents individuals from taking legal action against public parks in California, it is important to note that there are certain circumstances where this protection does not apply. If a child sustains an injury as the result of negligence on the part of the park system, then the individual may still be able to take legal action against them depending on the severity .
Furthermore, even if an organization holds sovereign immunity protection in California, it should still adhere to its duty of care when it comes to protecting the safety and welfare of its students and visitors. In cases where they have failed to do so, individuals should consider whether they may have grounds to pursue some form of compensation for the losses incurred by them or their child.
Effres & Effres Can Help
The team at Effres & Effres can help ensure that your family is protected both present and future. Our team of attorneys understands the importance of ensuring loved ones are kept safe and receive the proper care when needed. Call us today at (818) 222-9720 to discuss how we can help.