My child was injured on a playground at daycare; who is liable for the injuries?

If your child was injured on a daycare playground in Arvada – whether in a slip and fall, fall from equipment, or other incident – either the daycare center or an equipment manufacturer may be liable for the injuries, depending upon the circumstances surrounding the accident.

Child Daycare Liability for Playground Injuries

When a child is injured on a daycare playground, the factors that contributed to the accident helps determine which party, if any, may be liable for the damages.

According to the Centers for Disease Control and Prevention (CDC), citing a 2001 study, most non-fatal playground injuries occur at school or daycare, in other words, under non-parental care.

For cases in which children have been injured while at daycare, parents may explore their options to file accident claims against:

Daycare centers – if the equipment was old, broken, and/or improperly maintained, the daycare center itself may be responsible. Failure to provide adequate supervision may also leave the daycare liable for injuries.

Equipment manufacturers – if the injury occurred because the equipment was poorly designed, defective, or improperly installed, the product manufacturer might be the party responsible for the damages.

Incidence, Severity, and At-Risk Groups

Both the prevalence and severity of childhood playground accidents is resounding. According information shared by the CDC, each year 200,000 children under the age of 15 are rushed to the emergency room for playground injuries.

Further statistics on kids’ playground accidents:

• 147 children under 15 died from playground accidents between 1990 and 2000;
• nearly half of playground accidents are considered severe, including fractures, internal injuries, concussions, dislocations, and amputations; and
• playground injuries are extremely costly, racking up about $1.2 billion in costs a year.

Most of the fatal injuries children sustained were because of strangulation and falls. The groups most at risk for playground injuries are:

• five to nine-year-olds;
• children who use playgrounds in low-income areas; and
• girls (girls sustain 55 percent of all playground-related injuries).

Pursuing Compensation

There are no words to explain what parents go through when they are forced to witness their child go through pain and possible life-long complications. Nothing can make up for that.

However, Colorado law does provide a legal form of recourse in which parents may be able to file a claim or suit against a negligent party to recover damages. If there is a party that is legally responsible, compensable damages you may be able to pursue include:

• medical bills;
• current and future medical treatments;
• cost of hiring home care for your child;
• expenses attributed to remodeling your home to accommodate your child’s disabilities;
• medical equipment and devices;
• cost of transportation for your child’s medical care;
• rehabilitative services and physical therapy;
• mental anguish;
• pain and suffering; and
• other ways the injury has impacted your child’s life and your family as a whole.

Call Attorney D.J. Banovitz for a Free Consultation

If your child was seriously injured at daycare or in any other playground setting in Arvada, consult an injury attorney to determine your options.

Call the team at the Law Office of D.J. Banovitz to schedule your free, no-obligation consult and get started today. Contact us at 303-300-5060 to schedule your case evaluation.