QUESTION
Are the property owners of a public playground liable for injuries to a child due to unsafe conditions?
Asked on May 14th, 2013 on Personal Injury - Maryland
More details to this question:
My six year old son was playing in a public playground on Sunday when he fell from an horizontal bar and landed on his head. When he hit his head hit a tree root that was right under the bar and the sharp knot on the root lacerated his scalp causing him to have to be treated at the ER and receive three staples. After further inspection of the playground we found several roots that were in dangerous areas where the kids would play, two pieces of sharp metal sticking up out the ground in play zones, broken glass covering the ground, and several pieces of broken equipment. I called the organization that owns it and asked them to please clean up the playground or I suggest they tear it down before someone gets hurt worse than my son did. They informed me that since my son was "okay" that they didn't see anything to worry about and some Eagle Scouts were supposed to fix the playground but they hadn't gotten around to it. Can I hold them responsible for my son's medical expenses and bill them for them?
4 ANSWERS
Ronald A. Steinberg
You need to talk to an attorney in your local area who handles cases against the owners and managers of playgrounds. If it is government controlled, the answer is no.
Answered on May 21st, 2013 at 1:20 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You can try to hold them responsible, but your son fell off the bars. How much of the injury is his fault and how much is the owner's? You can always try suing them in small claims court, but I don't hold out a lot of hope for you.
Answered on May 20th, 2013 at 10:07 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Don't blame the Scouts, if anything they help your case. In order for such a project to be approved by the BSA, the Scouts have to present the project for approval. This means that problems had been around long enough for them to notice that this work needed to be done, and brought it to the attention of the organization that owns it, as well as their scouting organization. Since the organization knew there were these problems but did not temporarily close the playground or take other temporary steps, the owner is liable. More than just medical expenses, pain, suffering and scarring if any.
Answered on May 20th, 2013 at 10:05 PM
Airplane Crash Litigation Attorney serving Towson, MD
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There are requirements for playgrounds dealing with hard surfaces, etc. If the "public" playground is owned privately (as in the case of an apartment complex as opposed to a school playground) then there could be recourse against the property owner. The damages would be limited to the extent of the injuries your son received.
Answered on May 20th, 2013 at 9:55 PM