Playgrounds are meant to be places where children can have fun and enjoy themselves. However, many children in the United States suffer injuries due to playground accidents. The Centers for Disease Control and Prevention reports that more than 200,000 children aged 14 and below suffer injuries in playground accidents every year. Faulty playground equipment including climbing bars, swings, and merry-go-rounds can cause serious injuries to children.
The owner of the premises can be held liable for these injuries if they were caused due to the failure to properly maintain the playground. A premises injury attorney can help parents navigate the legal routes they can take after their child has suffered an accident.
Claiming Compensation for a Playground Accident
Injuries suffered at a young age can have a life-long impact on the health and overall well-being of a child. In addition to causing tremendous physical pain to the child, playground accident injuries put an immense emotional and financial strain on the parents. If a child suffers injury in a playground accident, the following types of damages can be claimed:
Parents of the injured child can claim compensation for medical expenses including the cost of scans and x-rays, hospital bills, doctors’ fees, cost of medicines, and rehabilitation charges.
Missed Work or Lost Wages
Depending on the severity of the injury, the treatment, and the rehabilitation time, a parent may have to pay full-time attention to the child and miss work. The parent may be able to claim compensation for lost wages from the party at fault.
Out of Pocket Expenses
This includes expenses for commutes, assistive devices, bandages, and other related out-of-pocket expenses.
Loss of Future Earnings
If the injuries disable the child, compensation for loss of future earnings can also be claimed.
Pain and Suffering
This includes damages for emotional and mental pain, stress, and trauma suffered by the child due to the accident.
Who Can Be Held Liable for a Playground Accident?
Generally, one or more of the following parties may be held liable:
- Playground Equipment Manufacturers
- Owner or manager of the playground
- Supervisor at the playground
- Parents of the child who injured your child
- Dog owner (in cases of dog-bites)
Will You Receive Compensation for Your Child’s Injury?
Generally, the parents of an injured child will seek compensation from the premises owner’s insurance company. The insurance defense attorneys usually try to deflect the blame to the child or even the parents in some cases. They may say that the child was negligent or that the parents assumed the risk of injury when they took the child to the park. Sometimes, if the insurance company can prove that the victim was more than 50 percent at fault, it does not have to pay any damages to the victim.
By doing this, the insurance company will try to lowball the parents with an underwhelming settlement offer. In many cases, parents accept these unfair offers because they think they have no other options and are not aware of the nuances of the premises liability law in Indiana. It is best to hire a premises liability attorney to help with this process.
Not only private playgrounds, but even public playgrounds at schools and parks owned by the local, state, or federal government can also be held liable for a premises liability claim for playground injuries.
How Can a Premises Liability Attorney Help?
A premises liability attorney can help you by understanding and investigating your case thoroughly. Premises liability attorneys deal with insurance companies and defense lawyers regularly and are well aware of the tactics they use to avoid paying compensation to the victim. In such cases, time is of the essence and notices may need to be filed urgently. Otherwise, the victim may lose their chance of filing a lawsuit. An attorney will take care of these legal intricacies and help you fight for your rights.
Contact an Indiana Playground Accident Attorney
Seeing one’s child suffer from an injury is a nightmare for every parent and having to deal with insurance companies and defense attorneys can only make it worse. If your child has suffered injuries in a playground accident, reach out to our team of Indiana playground accident attorneys at Stewart & Stewart. We will proactively investigate your case and fight for the compensation that you and your child deserve.