POSTED BY SAM MUKERJI ON September 5, 2014

When parents allow their children to use playground equipment they understand that there is some inherent risk involved with this type of activity. It is when an injury occurs that could have been avoided that parents should begin thinking about filing a lawsuit as a means to recover damages. The first thing parents will need to do is determine if they’re eligible to file a case, and this depends on a few key parts that make up an injury lawsuit.

Responsibility and Negligence

When a child is injured there can be conflicting reports about the events leading up to the injury. If a parent is present when the injury occurs any doubts can be eliminated, but when a child is entrusted to another person it may take some investigating to determine the truth.

  • Seek the Advice of Medical Professionals – The medical professionals that treat the child’s injuries may be able to help parents determine a cause. If the findings of a physician don’t match up with what was reported this can be brought up during the court case.
  • Gather Official Reports – Most child care facilities are required to maintain records in the event a child is injured. These should be obtained by the parents so a more accurate picture of what occurred can be formed.

The purpose of all the above-listed information is to help parents determine if it was the negligence of another person that caused the injury to take place. Proving negligence is the first requirement for an injury lawsuit and is the basis of the entire claim.

Type of Defendant

The type of defendant the parents face can also be a factor in whether or not they’re eligible to file a lawsuit. The three most likely parties include:

  • Private Individuals – These individuals are often liable for any damages they cause and can be sued in court. Victims will have to prove the actions or negligence of that single person were what caused the injury.
  • Businesses – Businesses can be held liable for injuries that occur due to their negligence in providing a safe environment or because they create an unsafe product that individuals can purchase or use.
  • Governments – Governments are the one type of defendant that victims may be unable to file a lawsuit against. Whether a lawsuit is possible or not is dependent on whether the government in question is protected by government immunity, and it is best to speak with a personal injury lawyer to find out the truth.

Getting an Attorney for Playground Injuries

There is nothing more painful as a parent than watching your child get injured. It’s especially difficult if the injury could have been avoided if it wasn’t for an individual’s negligence. In this circumstance, the best thing a parent can do is speak with a personal injury attorney.

Playground by Phalinn Ooi / CC BY 2.0

Child Safety