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My Child Was Injured at a Public Playground. Who’s Liable?

Injuries can happen anywhere, but the risks are greatly magnified when dealing with children. Not only are children more likely to injure themselves, but the consequences can be devastating. Playgrounds are usually a place where children go to play and let their imaginations run free. However, they can also pose considerable danger to children as it is not at all uncommon for them to hurt themselves when playing and climbing around. In fact, evidence from the CDC shows that 200,000 children are injured on playgrounds every year.

When it comes to seeking compensation after a child has been injured on a playground, things can quickly get complicated. That’s why it’s vital to have an experienced attorney who understands your case fighting for you. If your child has been injured on a public playground, don’t hesitate to contact Crossen Law Firm to find out how we can help.

Common Causes of Playground Injuries

Children are, of course, more prone to injury because of their lack of coordination. However, many different factors may play a role in playground injuries that many do not consider. Some of the most common causes of playground injuries include:

  • Rotting or poorly maintained blocks of wood may collapse and send children crashing to the ground
  • A poorly manufactured swing that comes detached and sends children flying into traffic
  • A supervisor becoming distracted and allowing children to play unsafely
  • Bullying out of view of a supervisor
  • Nails left by construction crews can lodge themselves in children’s shoes
  • Failure to maintain equipment such as a seesaw can lead to injury when children play on them

Most playground injuries are due to equipment failure and can cause serious injuries which include:

  • Dislocated shoulders
  • Broken bones
  • Bruising
  • Lacerations
  • Internal organ damage/bleeding
  • Concussions
  • Amputations
  • Death

Who’s Liable?

Will you be able to file a lawsuit against any party to recover compensation for your child’s injuries? In short, yes. However, that does not mean the case will be easy. Public playgrounds are built and maintained by local municipalities, which presents its own challenges because filing a lawsuit against the government in Indiana is different from filing a typical personal injury lawsuit against a civilian.

Under Indiana Code section 34-13-3-8 the law states that in order to file a lawsuit, injury victims have to file a notice with the government body facing the lawsuit as well as the Indiana Political Subdivision Risk Management Commission. Unfortunately, these claims must be within 180 days of the time of injury or they will be rejected. Keep in mind that this is much shorter than Indiana’s personal injury statute of limitations. These cases can quickly become extremely complicated, so don’t try to go at it alone. Speak with an experienced attorney as soon as possible.

In addition to municipal governments in control of the playground, the following parties could also be held liable in these cases:

  • The manufacturer of the playground equipment
  • The contractor who installed the equipment
  • Any employees/individuals responsible for watching the children at the time the accident took place

Regardless of who is facing liability in these cases, it is crucial that you speak with an experienced attorney who will understand your case as well as the ins and outs of the legal system.

Contact an Indiana Car Accident Lawyer Today

If you were involved in an accident at a public playground, Crossen Law Firm is here for you. Our Indianapolis personal injury lawyers are equipped with the knowledge and resources to help you with your claim and advocate for your best interest.

To schedule a free consultation with our reliable team, dial (317) 401-8626 today. Or contact us online.