My Child Was Hurt at a School Playground — Can I Sue?

Kids love the rush that swings bring, speeding down slides and testing their physical skills on monkey bars. Playgrounds allow your child to exercise their bodies and minds while having fun. As children, scratches and bruises are typical during play. Still, no parent wants to see their child seriously injured because of faulty school playground equipment.

Over 200,000 children are taken to the hospital every year due to a playground-related injury. Although playgrounds are a lot of fun for kids, accidents can still happen. Playgrounds frequently feature unsafe conditions, including sharp protruding edges, slippery surfaces, trip hazards and other potential sources of injury.

Common Playground Injuries

Minor injuries like cuts and scrapes are normal and almost expected from playgrounds. However, broken equipment, lack of supervision and faulty playground design can cause children to suffer serious harm while playing.

Below are some playground-related injuries that may require a visit to the emergency room:

• Traumatic brain injury
• Sprains and strains
• Internal organ injury
• Dislocation
• Fractures

There have also been reports of playgrounds causing falls, strangulations and fatalities.

Who Is Liable?

Michigan’s Playground Equipment Safety Act imposes that a playground’s operator, the person or entity who owns and operates the equipment, is responsible for its maintenance. If your child suffers harm on a school-owned playground, the school may be found responsible for failing to maintain or repair it.

Allowing playground equipment to deteriorate over time can pose an obvious danger that may cause serious harm to users.

To preserve the safety of the students, schools should conduct routine inspections of playground equipment and fix any known issues. Not doing so may indicate that they’ve failed to exercise a reasonable amount of care for their students.

Moreover, if a school staff member or teacher fails to keep an eye on your child during playtime or does not take reasonable precautions to protect your child from suffering foreseeable harm, you may be able to hold them accountable for negligent supervision.

Before pursuing legal action, it may be beneficial to seek advice from an attorney. Holding a school accountable can be an overly complex and tedious process. While you can sue a school on your own, speaking with an attorney beforehand can help you determine the strength of your case.