By David Wolf, Attorney
Published by Child Injury Lawyer Network
Summer camps and playground should be locations where children enjoy the joy of free time and fun. It is a time to make the most of summer in an active and usually safe environment. Unfortunately for some children, playgrounds are the sites of serious personal injuries for children. When a child is injured during playground activities, is there always a legal case or claim to pursue? The simple answer to this question is No. It is important to note that the word “always” makes a big difference in the question posed about legal rights and responsibilities.
With any kind of physical activity, a personal injury may occur. Just just because an injury occurs in a particular location like a summer camp or playground, it does not mean that the operator of the summer camp or property owner where the playground is located becomes liable for the resulting personal injuries.
There are four essential elements to pursue a claim or case for personal injuries. These elements include the following:
1. Duty;
2. Breach of Duty;
3. Causation; and
4. Damages.
It should also be noted that in many States there are additional or different requirements with a public entity is involved. For instance in many states public schools have a different standard of care then a private owner of property. Many such States have laws in place to protect government entities and limit the damages and types of cases that can be pursued against the government entity. With respect the playground cases against a private school, day care center, church, summer camp, or other entity, a parent should contact a Child Injury Lawyer for advice, guidance, and when appropriate legal representation. When evaluating a case involving the personal injuries of a child, there are two essential issues that would be evaluated by the Child Injury Lawyer. One issues involves the maintenance of the playground equipment and other involves the supervision of the children during play. It is vital that the playground equipment is routinely inspected and repaired to prevent or limit injuries to children. Furthermore, it is important that there be adequate supervision for the number of children on the playground and that the supervision be focused on the children rather than in a laptop, tablet, or mobile phone.
The book titled – The ABCs of Child Injury – Legal Rights of the Injured Child – What Every Parent Should Know – has chapters on Day Care Center Injuries, School Injuries, Playground Injuries, Theme Park and Attraction Injuries, Swimming Pool and Aquatic Injuries and other topics. You can get this book for free at The ABCs of Child Injury.