Los Angeles Defective Playground Sports Equipment Injuries
Playground equipment is a source of pleasure to children of all ages, and most beg to be taken to the park, or even their school on the weekends to enjoy the playground. However, parents and schools must be mindful of defective playground sports equipment and the inherent dangers such equipment can pose to children. Parents and schools should adequately supervise children at all times when playing on equipment, and should thoroughly inspect the equipment. The failure to appropriately inspect the equipment to check for defects could lead to potential liability in the case of a serious accident.
Defective Playground Equipment at Los Angeles Schools
In 2001, the U.S. Consumer Product Safety Commission released a report which chronicled the incidence of injuries and deaths associated with children’s playground equipment. The study found that each year, approximately 200,000 children were injured while on playground equipment, with the majority occurring on playground equipment designed for public use – such as in parks and schools. These accidents are due to a number of reasons, although the majority are caused by defective playground equipment and inadequate supervision.
Defective Product Liability
While most cases of defective products often trace back to the manufacturer or retailer, in the case of school districts, schools and school districts may be held responsible for the failure to test and inspect playground equipment. Playground equipment is not meant to last forever – parents, schools, and parks are all aware of this fact. While playground equipment manufacturers may be held responsible in the case of equipment which fails well before its intended “expiration” date, it is the duty of the school to perform ongoing inspections of the equipment. The failure of a school to accurately maintain its playground equipment could lead to dangerous accidents and injuries to children.
Playground equipment must go through a series of tests prior to the shipment of the equipment. The failure of a manufacturer to either test the product, or to note the dangers in the misuse of the product could lead to liability against the manufacturer or retailer after an accident occurs. However, a consumer (such as the school and school district) is also responsible for ongoing maintenance for the playground equipment. Schools often purchase large playground equipment sets which must be maintained to guard against rust and other issues that plague playground sets. Children may easily cut themselves on a rusted swing set or suffer a broken bone from the fall after a handle breaks off a ladder. As parents, we trust that the school will provide a safe environment for our children, which includes the ongoing inspection of playground equipment.
You may bring a claim for your child’s medical expenses and emotional distress against the school after your child is injured in a playground accident caused by defective equipment. Our attorneys at Panish Shea & Boyle LLP will assist you in determining the appropriate party and the amount of damages you are entitled to bring.
Can I Sue the School If My Child Was Injured On Defective Playground Equipment?
Playground equipment continues to become safer as the years progress, however, the failure to adequately inspect and supervise children who are on the playground equipment could result in dangerous conditions. The attorneys at Panish Shea & Boyle have years of experience in handling defective playground equipment cases and will work closely with you to pinpoint the responsible party. Contact our Los Angeles or Newport offices today for your initial free consultation.