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Some playgrounds will carry insurance, and others will fall under the cities care where their overarching liability insurance would provide coverage. But not every injury on a playground is the fault of the property owner. Kids push other kids. There are outright attacks. Some kids get injured playing sports on the field and other times their simple accidents. So, can you pursue a claim against anyone if your child was injured?
It is possible because nearly every playground should carry insurance for the injuries in which they’re liable. Experienced injury attorneys in Cincinnati, OH can help you file a claim.
When you go to a privately-owned playground, you expect a safe area for your kids. That usually means no sharp objects, no choking or neck damage hazards, and no trip hazards. However, these privately owned play yards have instituted waivers that parent's sign in order to enter. Usually, those waivers have a very blanket "we're not liable," statement. That doesn't mean that they're not liable for any damages.
When it comes to filing a lawsuit against the play yard, you'll need to show that they went far beyond the basic safety violations. It’s not likely that you can file a claim for something like your kid stumbling face-first down a slide. However, you should expect to file a claim if your child was cut by a sharp or exposed screw on that slide.
Broken or Malfunctioning Equipment
When equipment is broken the facility, whether that’s a city or county park or a private place, they have a limited time to make repairs. Additionally, they should shut down that side, element, or fixture of the park as soon as possible. Playground equipment usually doesn’t require maintenance, but when it breaks, it does require repair or replacement. Allowing children to play on something that they know could lead to injuries, then they are most probably liable.
The difficulty with broken and malfunctioning playground equipment is proving that the liable party knew about the issue. When it comes to city and county parks, there's often a complaint register where an attorney could find out if there had been any previous complaints about the problem and that the city failed to address it or close out the area.
Dangers of Other Children
From simple pushing to pushing down slides, or outright bullying assaults, the other children at a playground or play yard can be dangerous. You’d imagine that the other children and parents would be something to have some ease about, but that's not the case. What usually happens here is that there was neglect on the part of the parent.
If the parent wasn’t paying attention or allowed the child to have something they shouldn't have, then they could be liable. For example, a kid with a scooter might hit another kid with it causing injuries. The parent who wasn't paying attention to their kid would likely be liable in that situation.
In some cases, you'll sue the parent, in others the city, and in some situations the owner of the property. For many people, it's hard to know exactly who to sue and what you can do in an effort to initiate legal action. When the park is owned by the city or the county, you'll likely have a really hard legal battle because they’ll deny any responsibility.
When it comes to broken equipment, any party could argue product defect and attempt to deflect the lawsuit to the manufacturer. It's a huge issue in that these people usually try to avoid liability at all costs and, in some situations, may not have insurance or assets to cover your damages.
When you're looking at either suing another parent, guardian, or the city as a whole, you may need to go through the process of proving liability and negligence. In some situations, you may face a very disappointing event of not having the opportunity to pursue compensation from anyone. At Young, Reverman & Mazzei, we take our cases very seriously and do our best to represent the victim; however, we'll also provide you with realistic expectations for your case.
In Cincinnati, you should expect the city to put up a fight against any lawsuit if your child was injured. With a case against another parent or guardian, you may not be able to actually recover any reward because of their lack of funds or assets. Finally, in privately-owned playgrounds, you may have trouble doing battle against their insurance provider. Contacting a personal injury law firm in Ohio is often your first step and best bet for proper representation in these cases.