Can I Sue After a Playground Injury?
No parent expects to have to file a playground injury lawsuit. We don’t expect a day at the playground to end in injury. But if it does, it can leave you feeling overwhelmed and desperate for answers.
If your child has been hurt, you may be able to pursue legal recourse, and understanding your rights is the first step toward seeking justice. A playground injury lawsuit could help provide the financial support your family needs during this difficult time and hold the negligent party accountable for what your child has endured.
At Colling Gilbert Wright, we understand how devastating it is to see your child in pain, and we’re here to help you through this trying time. If your child was injured in a playground accident, you don’t have to face it alone. Our compassionate premises liability attorneys in Orlando are here to listen, guide, and fight for the justice your family deserves.
Call us today at (407) 712-7300 to schedule a FREE consultation. We proudly serve our neighbors in Orlando and throughout Florida.
How Safe Are Florida Playgrounds?
Playgrounds should be places of joy, but hidden dangers can turn playtime into a tragedy. Despite safety guidelines from the Consumer Product Safety Commission (CPSC) and the American Society for Testing and Materials (ASTM), many playgrounds suffer from poor maintenance, outdated equipment, or inadequate supervision.
According to the CPSC, over 200,000 children visit emergency rooms annually for playground-related injuries, many of them serious. Schools and municipalities have a duty to keep these spaces safe, but when they fail, children can suffer life-altering harm.
What Is the Most Common Playground Injury?
The most common playground injury is a fracture or broken bone, often from falls. The National Safety Council (NSC) reports that nearly 80% of playground injuries involve falls, which can lead to concussions, dislocations, and internal injuries. Though some kids will walk away with only bumps and bruises, others will have injuries that can affect their development and future well-being.
What Is the Most Dangerous Playground Equipment?
Some playground structures pose greater risks than others. The most hazardous include:
- Monkey bars & Climbing Frames: A leading cause of fractures and head injuries.
- Swings: Often involved in falls and impact-related playground accidents.
- Slides: Can cause burns from hot surfaces or serious falls from excessive height.
While playgrounds are meant to encourage activity, they should never put a child in harm’s way. When safety standards aren’t followed, the consequences can be devastating.
Can I File a Playground Injury Lawsuit If My Child Was Hurt?
If your child was injured due to negligence, you may have grounds for a playground injury lawsuit. Under Florida premises liability laws, property owners—including schools, parks, and daycare centers—must maintain safe conditions. Negligence may include:
- Poorly maintained or defective equipment.
- Lack of supervision at a school or daycare.
- Failure to follow playground safety regulations.
No parent should have to deal with the emotional and financial toll of a preventable injury alone. An Orlando personal injury lawyer can help you explore your options and seek the support your child needs.
Can You Sue a School If Your Child Gets Hurt on the Playground?
Yes, but holding a school accountable can be legally complex due to Florida’s sovereign immunity laws. Public schools have certain protections under sovereign immunity laws, which generally shield government entities from lawsuits.
However, Florida law waives sovereign immunity in certain cases. It allows claims against public schools for negligence when specific legal requirements are met. If negligence—such as inadequate supervision or failure to maintain safe conditions—played a role in your child’s injury, you may still have a case. Following the strict legal procedures required to hold a public entity accountable is crucial.
Keep in mind that private schools and daycare centers do not have the same legal protections and can be fully liable for their negligence.
Types of Playground Injury Lawsuits
Several types of playground injury lawsuits may apply, depending on the circumstances of your child’s playground accident, including:
- Premises Liability Claims: When property owners fail to maintain a safe environment
- Product Liability Claims: If defective playground equipment caused the injury
- Negligence Claims: When lack of supervision or unsafe conditions contribute to harm
- Wrongful Death Claims: In heartbreaking cases where a playground accident results in the tragic loss of your cherished child
Every child deserves a safe place to play. When that safety is compromised, legal action can provide families with a modicum of justice and the resources they need to heal.
Who’s Liable for a Playground Injury?
Determining liability for a playground injury depends on the circumstances. Responsible parties may include:
- Schools & Daycare Centers are responsible for supervising children and ensuring safety.
- Property Owners must maintain safe conditions in parks, apartment complexes, or other businesses with playgrounds.
- Manufacturers may be held liable if faulty equipment caused the injury.
An experienced attorney can help identify who is responsible and hold them accountable for your precious child’s injury.
What to Do if My Child Is Injured on a Playground
A playground accident can be terrifying, and in the moment, your only concern is your child’s well-being. Some steps may not be possible right away, and that’s okay—your focus should always be on getting them the care they need.
When you’re able, taking the following actions can help protect their health and legal rights:
- Seek medical care: Even if injuries seem minor, a doctor should evaluate your child to rule out anything serious.
- Document the scene: If possible, take photos of dangerous playground equipment and unsafe conditions.
- Report the injury: Notify the school, daycare, or property owner to create an official record.
- Gather witness statements: If there were teachers, caregivers, or other parents nearby, their accounts may be helpful later.
- Consult an Orlando premises liability lawyer: A distinguished and compassionate attorney can help you understand your options and fight for the compensation your child deserves.
Your child’s health and future come first. Seeking legal guidance can help ensure they receive the care, support, and justice they deserve.
Contact the Orlando Playground Injury Lawyers at Colling Gilbert Wright for Help
No parent should have to wonder how they’ll afford medical care after a playground accident. They should be able to give all their attention to their little one’s well-being. If your child was hurt due to negligence, a playground injury lawsuit may provide the financial relief your family needs to focus on the important things.
At Colling Gilbert Wright, we do what’s right for our clients, and we do it exceptionally well. Contact us today for a FREE case evaluation. Let’s get your family the justice you deserve.