Please fill out the form below and a representative at Malman Law will contact you within 24 hours to discuss the specifics of your personal injury case.
Friday, December 22, 2017
Children are accident prone, and just about every parent knows that fact. When you are with your child at a playground, you expect them to come back with a scrape or bruise from their adventure. What you do not expect, however, is a serious accident that could have long-term consequences.
Playgrounds seem innocent enough, but accidents happen. Whether it is a scrape, bruise, burn, or serious injury, more than 200,000 children are injured every year on playgrounds according to the U.S. Centers for Disease Control and Prevention (CDC).
If your child was injured at a playground, what legal options do you have?
Injuries on a playground can happen. As a parent, it is best that you understand your legal options so that if the unexpected occurs, you know where to turn.
Every year, emergency departments see hundreds of children ages 14 years and younger injured on playground equipment. Per the CDC’s statistics:
Injuries in a playground setting can vary. Sometimes the injuries are minor, while other times these injuries are so severe that a child must be hospitalized. Some common causes of injuries on the playground include:
Schools and those working at playgrounds owe a responsibility to children that use those premises. They are required by law to ensure that any predictable injuries or dangers are addressed. To sue a playground for your injuries, you would need to do so under the legal theory of premises liability.
To succeed in a premises liability case, you must show:
One important question to ask is whether there was a defect that caused the injury – and if that defect was by design or construction.
A design defect means that the concept of the playground was dangerous from the start; thus, other playgrounds just like it would also be defective. For example, a playground that does not have the proper spacing in between elements is defective from the get-go.
A construction defect means that the design of the playground was within safety specifications, but the party responsible for constructing it at the school site created a defect, which then created a hazard.
In these instances, the manufacturer or company responsible for constructing the playground could be named in the lawsuit.
Finding out which party is responsible for your child’s injuries is not always easy. Sometimes, it could be the school or a teacher from the school. Other times it may be the property owner, park owner, park maintenance company, daycare facility, or preschool.
Here are a few examples of liability.
When a child goes to school, daycare, or another child care facility, parents send their children knowing that an adult is taking responsibility for watching the child. Therefore, if a child is injured, that person could be legally responsible for any injury the child suffers because of their lack of attention.
Teachers and caregivers must take reasonable steps to avoid any foreseeable harm to students and children under their watch. That means acting practically to avoid injuries.
Therefore, parents may sue for negligent supervision for playground injuries when:
A child is at school is let out for recess where they play on the playground. There is no supervision at the playground and a fight breaks out. One child is pushed from the playground equipment and breaks her arm. The school could be sued for negligent supervision because there was no one present to monitor the children, and the school has the responsibility to monitor students on school grounds during school hours. Also, had a staff member been present to stop the fight, the injury would not have occurred. Thus, proving negligent supervision.
Public schools are considered part of the government; therefore, filing an injury claim against a public school is different than it would be for a private school or residence. Suing the government requires that you follow a strict set of procedures, which means notifying the district of your intent to file a claim. It is best that you consult with an attorney to review your options – especially if you are dealing with a public school.
If your child was injured on a playground, speak with an injury attorney from Malman Law. Our team is ready to help you find the responsible party and not only hold them accountable, but also ensure that the park is corrected so that these accidents do not happen again in the future.
Schedule a free, no-obligation consultation with an attorney from Malman Law today at 888-751-2297 or request more information online.
They are very helpful, and when it comes to getting things done with your case I had the pleasure of working with Jason Kellerman he was awesome I highly recommend them.
- Britany Weaver
I’m very pleased to recommend Malman Law to my friends and relatives! I have to mention how efficient and professional in dealing with my case has been with everyone that I’ve been in contact with at Malman Law. Mrs. Sabo is outstanding as well as her secretary and assistant in responding quickly to any of my questions or concerns. This firm has gone above and beyond to keep me updated and get answers to my questions at any time, weekends included! Malman Law rules in my opinion!
- Cheryl Wagemann
I’ve been knowing about this Law firm for many years through friends, referrals & advertisements, never I thought I would need their services because I believed things & situations don’t happen to me like this, long story short I was in a situation that I needed help & advice!!! In the right direction, I connected with the Firm & a very patient, understanding professional woman by the name of Margie assisted me in what I needed 🙂 Thank you I will refer as I was as referred as well This firm really does care!
- Elvira G.
I was rear-ended by a semi-truck on my way to work. I was transported to the hospital and my car was totaled. In the aftermath, Dan Petrich and Anna Schmidt from Malman Law helped me get set up with physical therapy and negotiated with the insurance companies to make sure the resulting settlement would cover my medical bills and a rental car until I could get a new car. I would highly recommend their services.
would do everything they could for me.
- Tony S.
I contacted Malman Lawafter my work injury. So professional from my first phone call. Mr. Malman’s investigator, Dan, came right out to our home. Everything was explained in detail so I know what to expect during this process. I certainly recommend anyone ever in need of a personal injury lawyer to call Malman Law. Truly the best!! Thanks, everyone!
- Devin Jones
Attorney Greg Lamorena was my lawyer when I slipped and fell. He kept me updated throughout the case and was always available to talk when I had questions. He is a great lawyer and could not be happier about my settlement!
- Annie Ong
Alexis was the attorney on my case! She kept me in the loop about everything with my case. If I had any concerns I was able to contact her and she’ll answer my questions right away. If you’re interested in working with Malman Law I would highly recommend Alexis she was GREAT. I would highly recommend Malman Law if you’re ever in need!
- Eugenia Cathery
They are so efficient and professional. Always available to help. Attorney Boyer was great and very good with my case. I really appreciate Malman Law. I gave them 5 stars because there is nothing higher.
- Omolewa Snyder
I have had an amazing experience with Malman law so far. From the start, Dan was super easy to work with, got me the medical attention I needed, and fast. Couldn’t ask for better communication. Neil Kilcoyne has been nothing but the best I could not recommend a better attorney. Malman Law is a 10 out of 10 law firm.
- Trevor Harris
Hi, I just want to acknowledge Jay McCarron, Kelly & the firm at Malman Law for representing me as they continue to work on my case. Thanks for keeping me updated & responding quickly to any of my questions or concerns. I would highly recommend you and your firm to friends & family. E. P.
- Ernest Pitts
Alexis was the attorney on my case and she was GREAT. She made sure I was updated on everything about my case. I would highly recommend Malman Law if you’re ever in need.
- Ariel Fleming
I had the best experience with Jason and Jay attorneys from Malman Law they really went all the way to settle my case I’m telling you there just the best!! Recommend 100%!
- Carmen Rivera
Adam Meadow acted as the attorney for a family member who was in a car accident. He was highly personable and actively listened to our issues throughout the litigation process. He was able to get us a settlement for the reparations of the accident. We would recommend their services!
- Greg Gustafson
Excellent customer service and a great experience. Malman Law handled the whole process and it was very smooth. The settlement was a great success. I would choose Malman Law again in the future.
- Malak St.Clair
Helped me out of a big jam when my auto was hit twice when and the other drivers had no insurance. Adam Meadow is the only Lawyer I will call for helping me and my daughter.
- Devri Lott
I cannot give enough praise to the team at Malman Law, for helping with my case. My children were involved in an auto collision and the attorney Adam along with his paralegal Michelle worked diligently until the matter was resolved and my entire family was happy. I would definitely recommend Malman Law for anybody going through legal troubles.
- Adrian Lopez
A close friend recommended me to Malman Law. I currently have a case with them due to a car accident I had and ever since the accident they have been taking care of everything for me without me having to worry about anything. They took care of the medical bills & helped me get physical therapy right away. I highly recommend them.
- Vanessa Leon
Bella Feinstein, Jason Kellerman, and Terry Davey have been instrumental in helping me through many difficult situations. Not only did they work to get my mom a settlement, but they have also continued to help me through the legal process of relocating my mom to a different state. I’m very grateful for their hard work and good advice.
- Nyah Vuljanic
This law firm is the best they got me paid and Malman Law kept in constant communication with me which meant a lot to me I would highly recommend this law firm to anyone who. In the position, they are awesome sincerely. Jeff walker
- Jeff Walker
Mr. Kellerman of Malman Law shows compassion for his clients. Returns calls and emails promptly, he takes time to listen to his clients, and gather facts accordingly.
- Steve Acosta
Everyone at Malman Law made me feel welcomed and heard. My lawyer, Adam Meadow, as well as staff, kept me up to date and were more than happy to do so! I would highly recommend their services. Also- a plus is many employees are fluent in Spanish. My experience was easy and worthwhile.
- Adrianna Gomez
Dan Petrich was the best man for my case of falling through my porch of an apartment I rented. He made sure I got what I deserved not only $ wise but medical wise and that my hospital bills and Dr bills were left at a $0 balance before closing my case. I was definitely happy and glad I choose him. Thank you. 5 stars
- Jose Cruz
Steve Malman helped me with my auto case. He quickly responded and answered any and all the questions I had. My case was a success as well as 2 other family members I recommended to him won their cases as well. Definitely a 5 star!
- Meagan Cruz
- Eddie Villarreal
I am very impressed with Malman Law and my experience with Tiffany Alberty. She was very professional and knowledgeable. I appreciate the great communication and never felt out of the loop. She was very patient and hard working on my case. I would highly recommend this firm. Thanks for the hard work and all your help!
- Madissen Miller
Malman Law is definitely professionals and skilled at what they do. Mr. Adam Meadow always kept me informed and never hesitated to answer my questions and was open to hearing my concerns. Wouldn’t think twice about referring them to family and friends. Thank you to all at Malman Law!
- Christina Ocon
Mailman Law, Excellent firm!! Tiffany Alberty and her assistant Margie Gallegos were super efficient and knowledgeable. Great communication—very quick response and great follow up! My case was resolved sooner than expected. I highly recommend them!
- Adriana Martinez
So glad I contacted Malman Law regarding my accident. Professional and caring. Thank you Mr. Malman. I most definitely recommend to anyone if you need the best to call Malman Law!!!
- Virgil Sanner
I really appreciated and enjoyed Yennin Calderon’s service. I called asking questions and she was so helpful. Not only did she answer all my questions and concerns. It was also a bonus that she was bilingual in Spanish! Loved the warmth she brought. Thank you!
- Jazlyn Caraballo
My experience with Malman Law was great. I worked with Attorney Tiffany Alberty and her assistant Margie. Both communicated what was going on with my case, explained the next steps, and got my case resolved early. I would highly recommend Malman Law.
- Ashley Jenkins
2 years ago I was involved in a trucking accident involving a 14-wheeler truck that nearly disabled me for life. Steve fought to make sure that I received the most possible compensation for my injuries. I was about to take the insurance company’s lowball offer, but decided to call Steve first – it was the best decision I’ve made yet
NOAH TAFFELPersonal Injury Victim