When you send your kids off to school or the park, the last thing you expect is for them to end up in the emergency room. Playgrounds are supposed to be fun. Kids gather there to work off all that excess energy. Playgrounds are also supposed to be safe. Although there are strict guidelines as to how playgrounds can be built, more needs to be done. They simply aren’t safe enough to prevent all children’s injuries. Things happen at the playground every day. Kids end up injured. In fact, more than 200,000 kids end up in the emergency room in this country every year as a result of playground injuries. Most of these kids are between 10 and 12 years old.
If your child gets hurt on the playground – be it at a park or at school – you may have a legal claim. You need to talk to an experienced personal injury attorney in Las Vegas to find out.
The Most Common Playground Injuries
As you can expect, most playground injuries are the result of a fall. Kids climb up onto monkey bars or slides and fall. Sometimes, these falls are from pretty high locations. This can cause all sorts of injuries, including:
- Broken bones
- Brain injuries
- Head injuries
Thankfully, most kids only suffer minor injuries. They’re back up and running in just a few days. For other people, however, the injuries are more serious. They may end up in the hospital needing surgery. Or, they may need physical therapy or end up in a wheelchair for the rest of their lives.
If this happens to your child, your personal injury lawyer in Nevada will have to review your case to see who may be responsible. You may have a claim against the school. Or, you may have a claim against the municipality who runs the park. Or, you may even have a claim against the manufacturer of the playground equipment.
How Likely is it That Your Claim Will Succeed?
If you do have a legal claim for your child’s playground injury, it won’t be easy to prove. You have to remember – kids will be kids. Proving that your child was playing on the equipment properly may be impossible. And, even if your case goes to a jury, most of them know what kids are like.
Kids don’t always follow the rules. They want to climb higher than the other kids. They want to swing higher than their friends. Should a school or town be responsible for your child’s being a daredevil?
In order to have a legal claim against anyone, your personal injury lawyer in Nevada will have to prove negligence. In order to do this, they have to show the following:
- Someone owed your child a duty of care
- They breached this duty
- Your child was injured
- Their injuries were a result of the defendant’s breach
While it may be easy to prove that your child was hurt, it’ll be hard to prove the first two elements of this claim. If your child is at a park unattended and gets hurt – who’s at fault? Is the town expected to keep someone posted 24 hours a day to make sure kids play safe? Is it your responsibility to be there with your kids to make sure they’re safe?
Your personal injury attorney will do their best to get you damages. However, it won’t be an easy battle.
You May Have to Deal with Comparative Fault
It’s terrible to blame a child for getting hurt. Unfortunately, in a playground accident, that’s probably what’s going to happen. Even if the injury takes place at a school, the school staff can only do so much to protect your child.
If your child isn’t using the equipment properly, you may not have a claim for damages. Or, even if your kid wasn’t out of control, they may still be found to have caused their injuries. It will come down to what your injury lawyer can prove.
This is why you need to contact a skilled personal injury law firm. They can review the facts of your case. If they don’t believe you have a legitimate claim for damages, they’ll let you know.
Call Christian Morris Trial Attorneys today and schedule your free initial consultation.