Child Injured on a Playground – Who is Liable?
Playgrounds are one of the favorite places of many young children. They get to hang out with your friends, play on the monkey bars, and have a lot of fun in general. However, the very nature of playgrounds also makes them a place where injury is fairly likely to happen in any situation. It makes sense, then, to consider who would actually be liable if a child ends up being injured on the playground.
Generally speaking, if a child is injured on the playground, the liability depends on who or what was actually responsible for the injury. It could have been unsafe equipment or poor supervision on the parts of the parents. If the injury ends up being the fault of playground equipment that was poorly kept, the liability would go to whoever is responsible for maintaining that equipment. Owners of playgrounds are responsible for this; this liability is referred to as premises liability.
However, a lot of the times, playground injuries are the result of poor adult supervision. It is not only the parents who could be at fault in this situation, but also camp counselors, babysitters, coaches, teachers, and anyone else who is responsible for watching the child. When a person takes out on the responsibility of watching a child, they have a responsibility to make sure the child stays safe. In order for an adult to be considered liable, the injury would have had to happen due to something that could reasonably have been prevented with proper supervision. Accidents do happen at times, so someone watching the child would not be held accountable in every single situation. However, if the child was exhibiting dangerous behavior and the adult in charge did not do anything to stop it, the adult could then be considered liable for the accident.
If you are living in Charleston, West Virginia and your child has been injured in a playground accident due to negligence, you can contact a Charleston WV personal injury attorney to explore your options.