Legal theories such as “duty of care” or negligent supervision, and even immunity, are used by states to determine accountability after a child has been seriously injured on a playground. Playgrounds come in a number of sizes and layouts, all manufactured for different ages and level of activity. They may be on personal grounds like a neighbor’s home, or on public land such as a country park or beach.
Take note
Most often, accidents that occur on playgrounds are brought on by reckless behavior and abuse of the equipment, but other times, it may be from faulty equipment, inadequate assembly, and much more. It’s clear that some parents may suspect that their child’s serious injury could have been caused by something or somebody else. In cases like this, it’s best for families to learn their faith, in addition to, the legal systems used to create such judgements and more. Continue reading to learn whether a individual could sue if their child is severely injured on a playground.
Playgrounds on college properties, such as daycares and grade schools, are under the obligation of the school. Because of this, schools and children’s centers have a legal duty of care to protect children from any potential hazards on school property, such as playgrounds. If a child is injured because of a hazard which should have been predictable and averted, parents can have a valid personal injury claim against the school.
Take into account
For instance, let’s say a child swinging on a swing-set is injured because the top wooden plank holding the chains breaks as a result of corrosion and rot. In cases like this, the college failed to fulfill their duty of care because they failed to replace the rotting wood prior to an incident happened. Schools have a duty of regularly inspecting their grounds and property for dangers and other structural problems.
By not discovering the rotted wood, or by neglecting to solve it in a timely manner, the college carries the responsibility for the child’s injuries. A claim might well be brought against them. Besides a school’s “duty of care”, there’s another legal notion called negligent oversight that could also determine liability.
Negligent supervision occurs when a person (i.e. teacher, daycare attendant, babysitter, etc.) is given the responsibility of supervising a child (or children) but neglects that obligation, causing injury or injury to the child that might have been prevented with good supervision. Schools are acting in place of parents, therefor, they have a duty to implement an effective system of oversight to be able to protect minors from any foreseeable harm.
Keep in mind
If a child is injured while under the care of school police, and the harm was due to a lack of sufficient oversight, a household can have a valid personal injury claim against the school. For instance, playgrounds are usually tracked by instructors during recess. If there is an inadequate number of teachers to the amount of children being tracked, this is too little supervision. Also, if said teachers aren’t paying attention or depart recess unattended for any number of minutes, and an accident occurs that might have been averted had an adult been observing, the faculty could be guilty of negligent supervision.
