Maison Law represents anyone injured in premises liability accidents in California. There’s many areas in California where you are particularly susceptible to accidents and injuries, including playgrounds. This raises many questions when something happens there, and our team can help you answer them. Contact us today for a free consultation to learn more about your options.
Why Would You Need a Lawyer?
When you go to a playground (most often with your children), you don’t expect to be in an accident. However, accidents happen there frequently given the conditions. What’s worse, the range of injuries can vary greatly and even involve your child.
But whether you need a lawyer depends on your specific situation. If the accident is minor, you probably don’t need a lawyer. However, given that a playground accident raises significant liability questions on top of injuries, having our team on your side can really help. Here’s what we can do:
- Investigate the accident and gather crucial details.
- Collect evidence such as photos and documents.
- Interview witnesses and consult with experts to gather valuable information.
- Handle communications with insurance companies and opposing lawyers on your behalf.
Our overall goal is to make the legal process easier for you and your family. With our experience in these types of cases, we can explain your rights and options and make sure you have what you need to a strong claim.
Who’s Liable in a California Playground Accident?
One of the most confusing parts of getting hurt at a California playground is figuring out who is liable–or legally responsible–for the accident and your injuries.
Legally, an accident at a playground is considered a “premises liability” claim. This means the playground’s:
- Management or ownership are mainly responsible for accidents.
Basically, under the law, whoever is responsible for managing the playground (like a school or school board) has a legal duty to keep you and others safe while you’re there. That said, given the wide range of potential accidents, others could potentially share liability:
- Equipment makers – If playground equipment is poorly made and causes an accident, the manufacturer could be held responsible.
- Maintenance contractors – Companies or individuals hired to upkeep the playground might be liable if they’re negligent and create unsafe conditions.
- Parents or caregivers – Adults like teachers, daycare providers, or babysitters could be liable if they don’t supervise children properly.
- Other people at the playground – If another child or visitor causes an accident, they or their caregivers might share responsibility.
- Local government – If the playground is owned by the government, they could be liable for not keeping it safe.
Like any accident, liability is ultimately going to be determined by what actually happened and what evidence you can present. This makes what you do after the accident very important to your claim.
What Should You Do After a Playground Accident in California?
Before you can start thinking about your legal options, you have to respond to the accident itself at the playground. Whether you’re the one hurt or your child or someone else is, you need to take these steps to form the foundation of your potential claim. Here’s what you should do:
- Get medical care – If there’s an injury, call 911 for an ambulance right away. Even if the playground has first aid, going to an emergency room or urgent care is best for proper treatment and to link your injuries to the accident.
- Assess the situation and what happened – Right after the accident, write down all the details. Report it to playground staff or management and make sure they file an official report. Take pictures, talk to witnesses, and gather any evidence you can.
- Save any evidence you collect – Keep all related evidence, like surveillance footage, photos, or damaged items. Don’t fix anything that’s broken as it might be needed for your case.
- Keep track of your expenses – Keep track of all costs from the accident, including medical bills and lost wages. Also, it’s a good idea to keep a journal to note any emotional or mental challenges from the accident.
Following these steps helps you deal with the situation and protect your rights if you decide to take legal action. It’s even more important, though, in taking care of your health and creating a record of what happened.
What Kind of Accidents Can Happen at California Playgrounds?
When you consider all the things you can do at your local playground, accidents can happen more easily than you might think. Compounding the issue, there’s often no one there that’s in charge to take care of accidents when they happen. That’s why it’s crucial to be prepared and understand the types of accidents that can happen to you or especially your child while you’re there:
- Falls from playground equipment, uneven surfaces, or tripping hazards.
- Equipment malfunctions, such as swings that are broken or structures that are unstable.
- Collisions between children playing or with stationary objects.
- Strangulation in equipment with openings or ropes.
- Cuts or bruises from sharp edges or poorly maintained surfaces.
- Heat-related illnesses because of hot playground surfaces or lack of shade.
- Supervision lapses that result in accidents due to lack of oversight.
- Pushing or shoving, resulting in falls or collisions with playground equipment.
Knowing these common risks can help you prepare to protect yourself and your children if you’re in one of these accidents. While avoiding injuries is ideal, if you find yourself hurt, you have legal options.
What Legal Options Do You Have After a California Playground Accident?
Even with the inherent risks of playgrounds, if you were lawfully present when injured, you have the right to seek “damages” through an injury claim by:
- Filing an insurance claim
- Filing a personal injury lawsuit
The goal of any injury claim is to recover damages from those responsible for the accident. These damages can include:
- Medical expenses
- Lost income
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life or companionship
- Punitive damages for extreme negligence
The damages you can receive depends on factors like how severe your injuries are, the accident’s circumstances, and any shared fault.
Each case’s outcome varies based on its unique details and legal process. Our experienced team will guide you through to make sure you get a fair result. Remember, in California, you must file your claim within two years of the accident to meet the statute of limitations.
Contact Maison Law After a California Playground Accident
Whether you’re visiting your school’s local playground or any other California playground, you want to have a fun time. Unfortunately, accidents can happen, leading to injuries for you or your loved ones. At Maison Law, our California premises liability lawyers understand the challenges you’re going through and are here to help you through the legal process. To get started, contact us today for a free, no-obligation consultation.
