Nothing brings more pleasure to a parent than to watch their children play happily on a playground. Hearing the shrills of delight while at the swing sets is heart-warming. Parents think their children are safe as long as they have an eye on them. Unfortunately, outdoor play areas while welcoming and appealing can pose a serious threat to children of all ages.
Nothing brings more pleasure to a parent than to watch their children play happily on a playground. Hearing the shrills of delight while at the swing sets is heart-warming. Parents think their children are safe as long as they have an eye on them. Unfortunately, outdoor play areas while welcoming and appealing can pose a serious threat to children of all ages.
In fact, you may already be aware of the consequences if your child has been injured in a private or a public play area. Playground accidents in New York have significant consequences. It can turn the average enjoyable family outing into something horrific. It could be the difference between telling your child a bedtime story or spending the night in the emergency room. You may need to take time off work as well to care for your injured kid.
There are many forms to negligence resulting in playground injuries. It can substandard equipment, inadequate maintenance, lack of supervision, improper surfaces, and much more. This type of negligence can occur at an outdoor play set at home, daycare center or outside in a public area.
The best course of action if your child got injured while playing at home of another or the playground is to get in touch with a New York personal injury lawyer. The same holds true if you suspect product defect or negligence to have jeopardized the safety of your child.
Troubling and Surprising Facts about Playground Accidents
Safe Kids Worldwide and CDC have gleaned these facts from various hospital reports and studies:
- According to an NYC study, playgrounds in poorer neighborhoods are more hazardous than those in areas with higher-income
- Emergency room is visited by more than 200,000 US children for injuries in the playground
- Nearly 15 children on an average die each year in playground accidents. The most common cause is strangulation.
- The age group between 5 and 9 have a higher risk of meeting with accidents in a playground
- Girls get injured more seriously than boys
- 53% playground injuries involve climbing equipment
- 67% playground injuries resulted in swings
Acts of Negligence Leading to Playground Injuries in New York
The last thing a law firm wants to hear is that your child got hurt. Physical pain or emotional suffering is not what a child should suffer, especially when it is because of another’s negligence. Unfortunately, children often suffer from playground injury accidents in NYC. It is important for playgrounds to be comfortable and safe. They should not be hazardous of threatening the health of children.
These are a few acts of negligence:
- Lack of maintenance: Playground should be maintained regularly to be safe for children. Broken parts, rusty equipment and unsafe conditions such as stones or sharp sticks can result in in unnecessary injuries.
- Improper supervision: You could have a claim against the company or individual if the injuries are because of a lack of supervision. It’s vital for children to be supervised at all times to prevent them from getting hurt from other children or engaging in the unsafe use of equipment.
- Unsafe property: Property elements can result in injuries, such as from lack of fencing, body of water, chemicals, or exposed roots in the playground. These issues would fall under property owner liability.
- Dangerous and defective equipment: Injuries in some cases may occur because of playground equipment defects. The distributor or manufacturer may be responsible for the injuries of your child in this case.
- Poorly built structures: Playground injuries on private properties may occur because the owner did not put the equipment together in a correct way. Issues with elements pinching fingers, structure collapsing, or hard ground material can lead to property owner liability.
Instances of Playground Negligence in New York City
These are a few other common instances of negligence:
- Insufficient mulch levels creating hard surfaces
- Monkey slides, bars and other equipment that is too high on the ground
- Equipment installed too close resulting in possibilities of collision
- Equipment in disrepair because of lack of maintenance
- Improper installation leading to potential traps for children
- Tree stumps, anchoring posts and other tripping hazards that are not sufficiently covered or promptly removed
- No guardrails in elevated surfaces
Pursuit of compensation begins with determining all the causes of your child’s injuries and the at-fault parties. Generally, to prove these elements you may require photographs of the playground, investigation, interviews with witnesses and other things.
Working with a knowledgeable and experienced law firm can make it easier to file a lawsuit during this difficult time. You do not have to fight against an unsafe playground all alone.
Suing a Public School for Injuries
Many people don’t know that if their child gets injured while at a public school, they are not liable for paying any damages. In some situations, public schools are protected by governmental immunity. However, you should still get in touch with a law office if your child has been injured because of the negligence of a public school in New York.
Suing a Private School for Injuries
Private schools are different from public schools. They don’t receive governmental immunity. Parents can sue private schools for injuries suffered because of negligence. They can receive compensation for the injuries suffered by their child.
Seeking Compensation Because of Negligent Teacher
Teachers in New York City need to adhere to the minimum safety guidelines as told by the Board of Education. This is to ensure that children are safe when at school. You may be entitled to receive compensation if your child got injured because a teacher failed to act responsibly.
Preventing Playground Injuries and Accidents
Parents trust playgrounds in their neighborhoods and schools to be safe with properly maintained equipment. This trust can often be taken for granted. However, there are ways to ensure that playgrounds are safe by those regulating the play area to do the following:
- Posting signage that outlines age-appropriateness for designated areas of play and certain pieces of equipment
- Limiting the number of children playing in a designated area or on a piece of equipment
- Enforcing implementing proper ground surfaces other than concrete and asphalt
- Teaching children on playing safely on equipment
- Looking for trash and broken pieces of glass in the play area and routinely checking the equipment for broken pieces and sharp edges
- Educating children about proper play manners, such as no shoving, pushing or trampling
Playgrounds are a favorite destination for children of all ages and they will continue to be developed in neighborhoods. It is a combined responsibility when it comes to keeping our children safe. However, proving the at-fault person in the event of a playground injury can be challenging.
Frequently Asked Questions
What are the time limits?
Notice of claim for playgrounds operated by New York City should be filed within 90 days of the accident with the City of New York. These claims can be prepared by skilled attorneys and filed properly without missing the statute of limitations. You may not be able to sue the City for a playground injury if you fail to file the notice of claim within the stipulated period of time unless you attain a court ordered special permission.
What happens once the notice of claim is filed?
The City has the right to a hearing once the notice of claim is filed. They may ask you about the accident and how your child got injured. You should work with a capable attorney that can prepare you for these questions so that you know exactly what to expect.
Should I consult with an attorney right away?
You need evidence that there was negligence on behalf of the City in addition to ensuring that the notice of claim gets filed timely. Contemporaneous measurements by an investigator or expert and photographs of the condition that resulted in the injury make for the best evidence. If you don’t take the photographs you risk losing evidence if the City corrects the problem.
Consulting with an Accomplished New York City Playground Injury Attorney
Costs involved with litigating playground related injuries can quickly escalate if you file the claim on your own. There are several steps that are time consuming. You may not be able to determine the at-fault party and whether product defect or negligence was to blame. The cost of playground equipment related injuries run into several billions of dollars each year. Playground injuries may result in extended time off work to care for your injured child and costly medical bills.
Your best course of action instead of tackling these legal issues on your own is to get in touch with a law firm that specializes in the area of playground liability. The legal team at Rosenberg, Minc, Falkoff & Wolff in New York consists of playground injury attorneys that are renowned for achieving desired results. We are standing by to help you understand your options and answer all your questions regarding the incident.
Rosenberg, Minc, Falkoff & Wolff playground accident attorneys are prepared to prosecute the lawsuit in an aggressive and dedicated manner. We invite you to get in touch with us to discuss your case without any obligation. If you or your loved ones have been injured from playground in NYC or a free review of your case, call Rosenberg, Minc, Falkoff & Wolff, LLP today at 212-344-1000 or contact us online.
