Nashville Attorneys Explain Key Steps to Take After Playground Injury
Playgrounds are great places for kids to burn energy, meet friends, and test their physical abilities. When your child is hurt in a playground accident, though, every moment counts. Whether the playground accident happened at school or in a public park, you may have the right to seek compensation for your child’s injuries. Take the right steps with the personal injury attorneys at GriffithLaw by your side. We will guide you through every step of the process and fight to protect your legal rights following a playground injury.
What to Do if Your Child Is Injured at a Playground
Perhaps your son broke his leg when he fell while swinging on the monkey bars, or your daughter’s hair got stuck in a spring rider. Maybe she bumped her head as she was thrown to the hard ground. Whether it’s a small scrape or a traumatic brain injury, there are important steps to follow if your child is injured at a playground.
Seek Medical Attention Immediately
First and foremost, get emergency medical help for your injured child right away. You may need to call an ambulance for severe incidents. Otherwise, take your child to an urgent care clinic or hospital emergency room for a full assessment. The doctors can provide immediate medical attention and treat their injuries. Don’t delay. Left alone, undiagnosed and untreated injuries can worsen over time.
Document Injuries and Playground Equipment
Ideally, while you are still at the playground, document as much as you can about the accident. Take pictures and videos of:
- Visible injuries, like bruises and scrapes
- Your child’s clothing, especially if it is torn or bloody
- Relevant signage
- Playground equipment in question
- Any damaged or faulty equipment, such as broken railings
- Prevailing weather conditions
Follow Your Child’s Medical Plan of Care Closely
Your child’s doctor should provide a plan of action. Broken bones may call for surgery or a cast. The medical provider may recommend physical therapy, medication, and regular follow-ups. Follow their suggestions. Gaps in treatment can weaken your injury claim, paving the way for defense lawyers to suggest your child may be faking or exaggerating the severity of their playground injury.
Keep Thorough Post-Injury Documentation
Keep copies of all relevant documents after the accident. This may include medical bills, lab results, and doctor’s notes. The school may have an incident report. If you had to take time off work to care for your child, your pay stubs from before and after the accident can support your claim for lost wages. A simple pain journal can also be valuable evidence in a personal injury case.
Consult With a Personal Injury Attorney
Insurers and lawyers representing the people responsible for causing your child’s injury will want to close the case as quickly as possible. Before you accept a personal injury settlement offer, it’s important to have an experienced personal injury attorney evaluate your case more fully. The GriffithLaw legal team can help you identify liable parties and pursue full and fair compensation.
Possible Liable Parties for Playground Injuries
Kids will be kids, but that doesn’t necessarily mean someone else isn’t liable when they get hurt on a playground. If your child’s injury is due to someone’s negligence, recklessness, or even intentional acts, the responsible party can be held accountable.
Playground Equipment Manufacturers
Manufacturers of playground equipment are expected to adhere to safety standards. If the swing, slide, or merry-go-round doesn’t meet these standards, the company may be liable when someone gets hurt. Design defects can cause serious injury.
Equipment Installers and Maintenance Workers
The playground equipment may not have been installed incorrectly. It’s possible that they did not tighten the bolts enough or provide a sufficiently sturdy foundation. A lack of maintenance can also be to blame. Playground equipment can rust or have its safety compromised by other hazards.
Park and Playground Owners
In some cases, you may sue the playground owner if your child is injured there. This could be a private playground or a government entity, like a municipal parks and recreation board that operates public parks and playgrounds. Owners have a legal duty to ensure their playgrounds are safe, including park design, underlying surfaces, and landscaping. A fallen tree could have undermined the integrity of a climbing structure.
Schools and Child Care Facilities
Parents expect schools and daycares to take care of their children. A lack of appropriate supervision can lead to otherwise preventable accidents.
Parents and Guardians of Minor Children
If another child intentionally harms your child at the playground, their parents or guardians may be liable. This applies if the other child maliciously or willfully causes personal injury. An example would be if they pushed your child off a high ladder. Tenn. Code Ann. § 37-10-101 limits damages to $10,000 in these cases.
Recoverable Damages Following a Playground Accident
Potential damages from a playground injury lawsuit may include:
- Emergency medical bills
- Treatment and rehabilitation costs, like physical therapy
- Lost wages from time taken off work to care for your injured child
- Permanent disfigurement or disability
- Emotional trauma
- Physical pain and suffering
- Punitive damages
If you name the State of Tennessee in your personal injury lawsuit, there are caps on maximum recoverable damages. The State will not pay more than $300,000 per person or $1 million per occurrence and is not liable for punitive damages.
Get the Legal Support You Need From GriffithLaw
Going through the process of a personal injury claim can be difficult. With the added stress of medical bills and your child’s suffering, it’s a lot to handle. Thankfully, the majority of cases settle without having to go to trial. Our Franklin and Murfreesboro attorneys will guide you through this challenging time with skill and compassion and help you seek the fair compensation you deserve. Check out our client reviews to see how we have helped others facing this type of situation, then contact us for a free consultation and case review.