My Child Got Injured at a Playground: Who Is Liable?

Playgrounds are designed to be places where children can have fun and expend some energy. Unfortunately, they can also be the site of serious injuries for kids. If your child was hurt at a playground, you may be wondering who is legally responsible and whether you have the right to pursue a personal injury lawsuit. In many cases, a property owner, school district, municipality, or equipment manufacturer may be liable. Here are the steps that you can take if your child was injured at a playground.

How Can Children Be Injured At Playgrounds?

Playgrounds are often designed with children’s safety in mind; nevertheless, they can be extremely dangerous places. Children can sustain injuries from minor contusions to serious brain injuries to death. Over 200,000 children in America are treated in the emergency room every year for playground-related injuries. Sadly, 15 children die each year due to injuries stemming from playgrounds. These are the most common injuries sustained by children at playgrounds:

Falls from equipment
Trips and slips
Pinched fingers
Burns from hot surfaces
Entrapment or collisions
Cuts or puncture wounds

Understanding Premises Liability Law

If a child has been injured while playing at a playground, a premises liability lawsuit may be an option to seek compensation. However, it is necessary to first define what premises liability is. In other personal injury suits, someone is liable because they have done something that directly injures a person. For instance, if Driver A collides with Driver B’s car because Driver A is distracted, and they cause damage to either the vehicle or the person, they have personally caused the injury. In the case of playground injuries, however, the child playing might cause the injury, by running and tripping, for example. Here, the owner of the land on which the playground is located did not directly injure the child. Yet, they can be liable due to a legal concept known as premises liability.

Under the Illinois Premises Liability Act, property owners and occupiers have a legal duty to maintain reasonably safe conditions for people who enter their premises. When that duty is breached and someone is injured due to negligence, the injured party may be entitled to compensation. This duty of care includes regular inspections, prompt repair of hazards, and ensuring that equipment is safe and properly maintained

To prevail in a premises liability claim, an injured person must prove four elements:

A dangerous condition existed on the property
The property owner or occupier knew or should have known about it
They failed to use reasonable care to fix or warn about the hazard
The plaintiff was injured as a result

Determining Liability

Several key factors help determine whether someone may be legally responsible for a playground injury. One important consideration is whether the equipment was properly maintained. Over time, wear and tear can result in rusted chains, loose bolts, or cracked plastic, and neglecting routine maintenance or ignoring known hazards may constitute negligence. Liability may also arise if the equipment was not age-appropriate. Younger children using equipment intended for older age groups may face heightened risks, especially if inadequate signage or supervision allows them access. The design and layout of the playground itself can also impact safety. Poor design choices, such as sharp edges, entrapment hazards, or hard surfaces, may fail to meet established safety standards. If these design flaws contributed to the injury, the designer, builder, or architect may share responsibility.

Who Is Responsible For the Harm My Child Suffered?

Determining who is legally responsible for a child’s injury on a playground requires a careful examination of several factors. One of the first questions to ask is who owns or manages the property where the injury occurred.

For example, if the injury occurred on a school playground, the entity responsible could vary depending on the type of school. In the case of a public school, the school district may be held liable for failing to maintain a safe environment or for negligent supervision. If the injury happened at a private school, the liability may fall on the school’s private owner, board, or management entity. If the playground is located in a public park, the municipality or local government agency in charge of maintaining the park may be held responsible. In some cases, a third party, such as a playground equipment manufacturer or maintenance contractor, may also share liability if defective equipment or poor maintenance contributed to the accident.

What Damages Can I Pursue On Behalf Of My Injured Child?

Compensation for emotional distress and mental anguish
Costs for in-home care or assistance for your child
Expenses for current and future medical treatment
Home modification expenses to accommodate any disability your child may have
Pain and suffering experienced by your child
Punitive damages in cases of extreme negligence or misconduct
Rehabilitation and physical therapy costs related to the injury
Transportation expenses related to medical visits or ongoing care

My Kid Got Hurt On A Playground–What Now?

The strength of the premises liability claim often depends on the quality and availability of evidence. After an injury, consider taking the following steps:

Photograph the scene, including the equipment involved, surface conditions, and any visible hazards.
Request incident reports from schools, daycare centers, or property managers.
Preserve medical records detailing the extent of the injury.
Gather witness statements from teachers, other parents, or bystanders.
Secure maintenance records, if possible, showing whether inspections or repairs were performed.

Contact a Premises Liability Attorney

If a child has been injured in a playground accident, it may be possible to hold the responsible party accountable through a premises liability claim. An experienced premises liability attorney can evaluate the circumstances of the accident, identify negligent parties, and explain available legal options. He or she can also assist with collecting evidence, consulting with experts, and pursuing compensation.