If your child was recently injured on the school playground and you had to seek medical care in order to deal with their injuries, you may want to consider legal action. Here are three legal angles that you need to take into consideration when deciding if you should pursue a personal injury lawsuit.
#1 Who Installed The Equipment
The first thing that you need to consider is who installed the equipment. Was the equipment installed by a professional playground installer? Or was it installed by a group of volunteers? Was it installed by the company that made the equipment?
Who installed the equipment and how they installed it are relevant to your personal injury lawsuit. If they installed the equipment incorrectly and didn't follow the instructions like they should have, or failed to do necessary checks on the equipment, they could be liable for what happened to your child. It doesn't matter if the equipment was installed one year ago or five years ago, if it was not installed correctly, whomever installed the equipment is one party that you could hold liable for your child's injuries.
#2 The Condition of The Equipment
The second angle that you need to consider is the condition of the equipment. Is the equipment in good condition? Is it starting to become rusted? Are there any sharp exposed pieces on the equipment?
It is the responsibility of the school to maintain the equipment once it is installed. If there are any issues or defects with the equipment, it is up to the school to fix these issues in a timely manner and to keep children off any equipment that may harm them.
In this case, you are going to need to prove what condition the equipment is in, which you can generally do through photo documentation and witness statements. Your attorney may also need to prove that the school knew about the quality issues with the playground and did not take appropriate actions to protect its students from harm.
#3 Provided Supervision
The third angle that you need to look into is the amount of supervision that was present on the playground when your child was hurt. Were there enough staff members present to watch all the kids? Was one of the staff members called away or otherwise engaged? Could the staff have taken any actions to prevent your child's injury?
If there was not adequate supervision on the playground or the school staff could have taken actions to prevent your child's injury, you could include the school district, principle, anyone involved in staffing and even the staff members present at the playground in your lawsuit. Talk with an attorney like Katz Nowinski PC for more help.