Who Is Liable if Your Child Is Injured on a Playground?

Playgrounds are meant to be a place of fun, exploration, and exercise for children, but they can also pose significant risks.

Each year, thousands of children are injured on playgrounds, leaving parents wondering: who is liable when something goes wrong?

Whether your child is injured due to faulty equipment, poor supervision, or other causes, determining responsibility can be complex. 

Common Causes of Playground Injuries

Playground injuries can happen for a variety of reasons, but most are the result of one of three things: equipment malfunction, lack of maintenance, or inadequate supervision.

Some of the most common injuries occur when children fall from heights, collide with other children, or are struck by moving equipment like swings or merry-go-rounds.

According to the American Academy of Orthopaedic Surgeons, more than 200,000 children are treated in emergency rooms every year for playground-related injuries.

Unsafe or outdated playground equipment is a major factor. Equipment that is worn, rusty, or broken can easily malfunction, putting children at risk of falls or other accidents.

Poorly maintained playground surfaces also contribute to injuries, as hard ground, concrete, or other unforgiving surfaces increase the likelihood of serious harm from a fall.

Lack of supervision, whether from a parent, school staff, or daycare provider, can also lead to preventable accidents.

Liability of the Playground Owner

One of the first places to look when determining liability is the owner of the playground. The owner could be a private individual, a school, a municipality, or a business that maintains the playground.

Playground owners have a legal duty to maintain their equipment and surroundings to ensure the safety of those who use it.

If a child is injured because the equipment was not properly maintained, the playground owner could be held responsible for negligence.

For example, if a swing set breaks due to rust or wear and causes injury, the owner may be liable for failing to perform necessary maintenance.

Likewise, if the ground surface is uneven or not equipped with adequate padding, the owner may be responsible for any injuries that occur from falls.

It is crucial for playground owners to regularly inspect and repair playground equipment to meet safety standards.

Manufacturer or Installer Liability

Sometimes, playground injuries are caused not by lack of maintenance but by defective equipment.

In these cases, the manufacturer or installer of the playground equipment may be held liable under product liability laws.

An injury lawyer in Seattle explained that product liability refers to the legal responsibility of manufacturers, sellers, or installers for placing a defective product into the hands of consumers.

If a piece of playground equipment is designed poorly or constructed with low-quality materials, the manufacturer could be at fault for injuries caused by these defects.

For instance, a slide that collapses because it was not built to hold the weight it advertised would be an example of manufacturer liability.

In some cases, improper installation can also lead to injury, which would place responsibility on the contractor who installed the equipment.

The Role of Supervision in Playground Safety

Supervision plays a critical role in playground safety. Children, especially younger ones, need consistent adult supervision to ensure they are using equipment correctly and are playing safely with others.

In many situations, the adult responsible for supervising children could be held liable for injuries that occur due to lack of attention.

If a child is playing at a public park with a parent, it is the parent’s responsibility to monitor the child’s behavior and ensure their safety.

However, if the injury occurs at a daycare, school, or another supervised environment, the institution may be responsible.

Daycare providers, teachers, and camp counselors are expected to provide reasonable supervision to prevent foreseeable accidents. If they fail to do so, they could be held liable for negligence.

Comparative Negligence and Parental Responsibility

In some cases, liability may be divided between multiple parties, including the parents or guardians of the injured child.

This is where comparative negligence comes into play. Comparative negligence is a legal doctrine that allocates responsibility based on the percentage of fault each party holds for an injury.

For instance, if a parent knowingly allowed their child to use a piece of equipment that was obviously unsafe, a court may find the parent partially liable.

Similarly, if a parent fails to supervise their child while they’re engaging in risky behavior, such as climbing on equipment not meant for their age, the court could assign partial responsibility to the parent.

However, this does not absolve other parties—such as the playground owner or manufacturer—from being held accountable.

Steps to Take After a Playground Injury

If your child is injured on a playground, there are several important steps you should take to protect their well-being and preserve your legal options.

First, seek medical attention immediately. Even minor injuries can develop into more serious issues, and a healthcare professional can document the extent of the injury.

Next, document the scene of the accident. Take pictures of the equipment involved, the surrounding area, and any visible injuries your child sustained.

If there were witnesses, gather their contact information. This documentation will be crucial if you decide to pursue legal action.

Lastly, consult with a legal professional who specializes in personal injury cases, especially those involving children.

A lawyer can help you determine who may be liable for your child’s injury and guide you through the legal process of seeking compensation for medical bills, pain and suffering, and other damages.