Can You Sue for Injuries Caused by Unsafe Playground Equipment?

Can You Sue for Injuries Caused by Unsafe Playground Equipment?

Playgrounds are meant to provide children with a safe and enjoyable environment to play and develop physically and socially. With that said, when playground equipment is unsafe or improperly maintained, it can lead to serious injuries that disrupt lives and create long-term hardships for victims and their families. In New York, the law provides avenues for holding negligent parties accountable for injuries caused by unsafe playground equipment and recover fair compensation. 

Legal Duty to Maintain Safe Playground Equipment in New York

Property owners, municipalities, and organizations responsible for playgrounds have a legal duty to ensure that the premises and equipment are reasonably safe for use. This duty extends to regular inspections, timely repairs of hazardous conditions, and proper installation of playground equipment. Under New York premises liability law, failure to uphold this duty can result in legal liability for injuries caused by negligence.

For instance, if a swing set collapses because of rusted chains or if a slide has sharp, exposed edges that cause lacerations, the responsible party may be held accountable if they knew or should have known about the danger but failed to address it.

Who May Be Liable for Unsafe Playground Equipment Injuries?

Several parties may bear liability for injuries caused by unsafe playground equipment, depending on the circumstances:

• Property Owners: Owners of private playgrounds, such as those at daycare centers, apartment complexes, or private schools, are required to maintain their property in a safe condition for visitors, including children.
• Municipalities: For public playgrounds, such as those located in parks or schoolyards, local government entities may be responsible for maintenance and repair. In New York, suing a municipality requires filing a notice of claim within 90 days under New York General Municipal Law § 50-e.
• Manufacturers: If the injury stems from a defect in the design or manufacture of the playground equipment, the equipment manufacturer could be held liable under product liability laws.
• Contractors or Maintenance Companies: If a company hired to install or maintain the equipment acted negligently, they too may face liability.

Types of Negligence that may Cause Playground Equipment Accidents and Injuries in New York 

Playground accidents usually result from negligence on the part of those responsible for maintaining or designing the equipment and premises. 

Negligence by Property Owners

Private property owners, such as those managing schools, daycare centers, apartment complexes, or businesses with playground facilities, have a legal duty to ensure the playground is safe. Negligence on their part may include:

• Failure to Inspect Equipment Regularly: Playground equipment should be inspected frequently to identify potential hazards such as loose bolts, rust, or structural instability. Neglecting this responsibility can result in injuries.
• Ignoring Visible Hazards: Property owners may fail to address visible dangers, such as broken swings, cracked slides, or uneven surfaces, even when they have been notified of the issues.
• Improper Surface Materials: Failing to provide adequate shock-absorbing surfaces, such as rubber mats or wood chips, beneath equipment to cushion falls can significantly increase the risk of serious injuries.
• Lack of Maintenance or Repairs: Neglecting routine repairs, such as tightening bolts, repainting rusted areas, or replacing damaged components, creates unsafe conditions for children.

Negligence by Contractors or Maintenance Companies

Many property owners hire contractors or maintenance companies to build, install, or maintain playground equipment. Negligence by these entities can include:

• Faulty Installation: Improper installation of playground structures, such as leaving bolts unsecured, failing to anchor equipment properly, or assembling equipment incorrectly, can lead to collapses or instability.
• Inadequate Maintenance Schedules: Maintenance companies may fail to adhere to required maintenance schedules or conduct comprehensive inspections, leaving hazards unaddressed.
• Substandard Repairs: Using poor-quality materials for repairs or failing to fix reported issues properly can result in recurring hazards.
• Improper Removal of Hazards: Maintenance personnel may neglect to cordon off dangerous areas while waiting for repairs, exposing children to unnecessary risks.

Negligence by Municipalities

For public playgrounds, such as those in parks or public schools, municipalities bear the responsibility for ensuring safety. Negligence by municipalities often stems from:

• Failure to Conduct Routine Inspections: Municipalities are required to inspect playgrounds regularly to identify and fix hazards such as worn-out equipment, broken fencing, or damaged surfaces. Ignoring this duty can result in dangerous conditions.
• Delayed Repairs: Municipal entities may delay repairs after being alerted to unsafe conditions, putting children at risk of injury in the interim.
• Improper Design of Public Playgrounds: Poor design choices, such as overcrowding equipment, failing to provide age-appropriate structures, or neglecting to separate high-risk areas from low-risk ones, can lead to accidents.
• Failure to Post Warning Signs: Municipalities must warn users about potential risks, such as wet surfaces or ongoing maintenance, and failure to do so can be deemed negligent.
• Inadequate Staff or Supervision: In some cases, public playgrounds may require staff oversight to prevent injuries. Failure to provide adequate supervision, particularly for complex playgrounds, can lead to accidents.

Negligence by Manufacturers

Manufacturers of playground equipment must ensure that their products are safe for use and free of defects. Negligence in this area often involves:

• Design Defects: Playground equipment must be designed to prevent foreseeable injuries. Faulty designs, such as equipment prone to tipping over, structures with entrapment points, or components that can easily break, can result in serious injuries.
• Manufacturing Defects: Errors in the manufacturing process, such as the use of substandard materials, improper welding, or weak joints, can compromise the safety of the equipment.
• Failure to Provide Safety Warnings: Manufacturers must include adequate warnings or instructions for safe use, including weight limits, age restrictions, and proper installation guidelines. Failure to do so may result in liability for injuries.
• Non-Compliance with Safety Standards: Manufacturers are required to adhere to industry standards set by organizations such as the Consumer Product Safety Commission (CPSC). Producing equipment that does not meet these standards may lead to dangerous products entering the market.

Examples of Negligence Leading to Playground Equipment Injuries in NY

1. A Broken Swing Set: If a property owner or maintenance company fails to repair a rusted swing chain that breaks during use, they could be held liable for resulting injuries.
2. Faulty Installation: A contractor improperly installs a slide that later collapses, causing a child to fall and suffer injuries.
3. Defective Design: A manufacturer produces a climbing structure with large gaps between platforms, leading to entrapment injuries or falls.
4. Municipal Neglect: A public park fails to repair a loose railing on a playground bridge, resulting in a child falling and sustaining a traumatic brain injury.

Legal Implications of Negligence

Victims of playground accidents caused by negligence may pursue compensation through personal injury claims. The specific legal avenues depend on the negligent party:

• Premises Liability Claims: Against property owners or municipalities for unsafe conditions on their playgrounds.
• Product Liability Claims: Against manufacturers for defects in playground equipment.
• Government Liability Claims: Against municipalities for negligence in public playgrounds, requiring strict adherence to procedural rules like filing a notice of claim within 90 days.

Common Injuries Caused by Unsafe Playground Equipment

Playground injuries can range from minor scrapes and bruises to catastrophic injuries. Some common injuries caused by unsafe equipment include:

• Broken Bones: Caused by falls from improperly installed or poorly maintained climbing structures or monkey bars.
• Traumatic Brain Injuries (TBIs): Resulting from falls onto unpadded surfaces or playgrounds lacking proper shock-absorbing materials.
• Spinal Cord Injuries (SCIs): Severe injuries to the spinal cord, back, neck, and shoulders can cause paralysis or permanent disability. 
• Strangulation or Entrapment Injuries: Caused by poorly designed equipment that can trap clothing or body parts.
• Lacerations: From sharp or exposed edges on equipment.
• Burns: Caused by overheated metal slides or equipment exposed to direct sunlight for long periods.

How Negligence is Proven in Playground Equipment Injury Cases

To successfully sue for injuries caused by unsafe playground equipment, it must be proven that negligence occurred. This involves establishing the following elements:

1. Duty of Care: The defendant owed a legal duty to maintain the playground and its equipment in a safe condition.
2. Breach of Duty: The defendant failed to meet this duty by allowing unsafe conditions to exist or by failing to act on known hazards.
3. Causation: The defendant’s negligence directly caused the injury.
4. Damages: The injured party suffered actual harm, such as medical expenses, pain and suffering, or lost wages.

Legal Challenges in Playground Equipment Injury Lawsuits

Certain factors can complicate playground equipment injury cases:

• Assumption of Risk: New York law recognizes that parents or children may assume certain inherent risks of playground activities. Based on this, this doesn’t absolve property owners or manufacturers from liability for unsafe conditions.
• Comparative Negligence: New York follows a pure comparative negligence rule, meaning compensation may be reduced based on the injured party’s share of fault. For example, if a parent was not supervising a child properly, the defense might argue that they share partial responsibility.
• Government Liability: Cases involving public playgrounds require adherence to strict procedural requirements, including filing a notice of claim within 90 days.

Steps to Take After a Playground Equipment Injury in New York 

If you or your child has been injured due to unsafe playground equipment, it is crucial to take the following steps to protect your legal rights:

1. Seek Medical Attention: Documenting the injury and obtaining immediate care is vital for your child’s health and for building a strong case.
2. Photograph the Scene: Take pictures of the defective equipment and the surrounding area to capture evidence of the hazard.
3. Report the Incident: Notify the property owner, school, or municipality about the injury and hazard. Obtain a copy of the incident report if one is filed.
4. Preserve Evidence: Retain any clothing, shoes, or objects involved in the incident, and gather witness contact information.
5. Consult a Personal Injury Lawyer: An experienced personal injury attorney can help identify liable parties, gather evidence, and file your claim before the statute of limitations expires.

Damages You May Recover in a Playground Equipment Injury Lawsuit

Victims of playground injuries caused by unsafe equipment may be entitled to compensation for:

• Medical expenses (past and future)
• Pain and suffering
• Emotional distress
• Rehabilitation and therapy costs
• Lost wages (if a parent missed work to care for an injured child)
• Loss of future earning capacity (in cases of long-term disability)

How an Experienced Lawyer Can Help

A skilled injury attorney will thoroughly investigate your case, including:

• Inspecting the equipment and playground for safety violations.
• Reviewing maintenance and inspection records.
• Identifying all liable parties, including property owners, contractors, and manufacturers.
• Negotiating aggressively with insurance companies to secure maximum compensation.
• Preparing your case for trial to ensure you get the justice and damages you deserve.

Get Strong Legal Representation from Our NYC Playground Equipment Accident Lawyer

If your child has been injured due to unsafe playground equipment, you need a fierce advocate who won't back down. New York playground equipment accident attorney Michael S. Lamonsoff, Esq., widely known as “The Bull,” has a proven track record of aggressively fighting for victims in complex premises liability and personal injury cases. With decades of experience and relentless determination, he is the trusted lawyer you need to hold negligent parties accountable for maximum damages. To schedule your free consultation, call us at 212-962-1020 or fill out this online contact form.