When parents send their children to school, they expect a safe environment, especially on the playground. Unfortunately, playground injuries in New York are more common than we’d hope, with more than 200,000 children ending up in emergency rooms each year due to playground-related incidents. For parents of children who have been hurt while playing at school, the journey to accountability can seem intimidating. However, if a school’s negligence contributed to an accident, parents may be able to pursue compensation to cover medical bills, pain and suffering, and other financial losses.
At the Law Office of Cohen & Jaffe, LLP we understand the distress these situations bring on the whole family. Our team of seasoned personal injury lawyers is highly experienced in negotiating playground accident injuries in New York. We’re here to provide the guidance needed to pursue damages and help prevent other children from being harmed due to unsafe playgrounds at negligent schools.
Identifying School Liability for Playground Injuries
When it comes to playground injuries, schools in New York have a responsibility to provide a safe space for students. Failure to meet these safe space requirements can lead to accidents that might have been preventable, such as falls from defective slides.
This duty includes:
- Regular inspections
- Prompt repairs of faulty equipment
- Adequate supervision during playtime
To prove school liability, parents must show that negligence played a direct role in their child’s injury at the school playground. If the school failed to address a known hazard, allowed dangerous equipment to remain accessible, or lacked sufficient supervision, they may be held accountable.
When Is a New York School NOT Liable for My Child’s Injury?
Certain circumstances may exempt a school from accountability for a child’s injury. Schools are only expected to prepare for foreseeable weather events. They generally aren’t liable for injuries caused by extreme natural events beyond their control, like earthquakes, floods, or sudden severe weather. As long as reasonable steps were taken to protect students, the school may not be held responsible for such accidents.
Similarly, the school may not bear total liability if the child’s actions significantly contributed to their injury. If a student disobeys safety instructions, like not climbing a fence, and sustains an injury, the school could argue that the child’s behavior caused the injury. That could reduce or eliminate the school’s liability.
Common Playground Hazards Leading to Injuries
Playgrounds are meant for fun, but poor maintenance can make them dangerous. Recognizing common playground risks can help parents spot potential negligence.
Common hazards include:
- Faulty or Poorly Maintained Equipment: Loose bolts, rusted chains, and broken swings can lead to serious injuries
- Insufficient Fall Padding: Without shock-absorbing materials, the chance of serious injury from falls increases
- Lack of Supervision: Schools need to supervise recess closely to prevent risky behavior and respond quickly to accidents
These and other hazards highlight the need for schools to maintain a vigilant approach to playground safety. If your child’s injury was linked to any of these issues, a legal case may be possible to pursue justice and cover the resulting expenses.
Steps to Take if Your Child Was Injured on a New York School Playground
If your child suffered an injury at a school playground, taking the proper steps immediately can strengthen your case. As soon as you’re able to, be sure to:
- Seek Medical Attention: Get prompt medical care for your child, as this documents the injuries
- Report the Incident: Notify the school about the accident in writing and request a report for your records
- Gather Evidence: Take photos of the accident scene, documenting any hazards that may have contributed to the injury
- Speak With Witnesses: Collect names and contact information of any witnesses, such as teachers or other parents
These steps can significantly bolster your case if you pursue legal action. Our legal team can walk you through this process, ensuring your rights and your child’s interests are protected.
Get Help From New York Child Accident Attorneys for Playground Injury Cases
When accidents occur on school grounds, the impact can last years, causing physical pain, emotional distress, and ongoing medical needs. If your child has suffered a serious injury due to a school’s negligence, reach out to the Law Office of Cohen & Jaffe, LLP for reliable New York legal representation. With over 100 years of combined legal experience, we have the resources and experience to build a strong claim.
To schedule a free consultation, call (516) 358-6900 or complete our contact form. For more insight into our work, subscribe to our YouTube channel to learn about our approach to securing justice for New York families.
