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Liability for Playground-Related Brain Injuries

April 16, 2021

Parents whose children suffer brain injuries due to playground accidents may be able to recover damages from the playground owners or the playground equipment manufacturers. Children play on playgrounds at city parks, schools, daycares, private homes, and other such locations that have structures meant for children. Unfortunately, falls and other accidents occur all too often on playgrounds, leaving children with serious injuries, such as concussions or brain trauma. According to the Centers for Disease Control and Prevention, more than 200,000 kids aged 14-years and younger receive treatment for playground injuries each year across the U.S.

Pursuing Compensation for Playground-Related TBIs

After a playground accident that leaves their children seriously injured, parents may take legal action to recover compensation for their children’s losses. Parents may pursue damages for medical expenses, future care needs, and pain and suffering. While children commonly suffer minor injuries on playgrounds, parents may seek to hold the parties responsible for their children’s injuries financially liable when more serious playground accidents occur.

Premises Liability and Playground Injuries

On behalf of their children, parents may pursue premises liability claims against playground owners or operators, which may include schools or municipalities, for brain injuries resulting from playground accidents. Those who own and operate playgrounds for the public in Illinois bear responsibility for any hazards present in the play areas. To recover compensation in such claims, parents must show:

  • The child’s injuries occurred in a foreseeable way
  • The child injured was the type of guest expected on the property where the injury occurred
  • The defendant had control of the property
  • The defendant neglected to exercise the appropriate level of care

Additionally, parents seeking to recover compensation for their children for brain injuries caused by playground accidents must prove the defendants’ actions or lack of actions played a key role in causing the injuries.

Products Liability and Playground Injuries

When playground equipment flaws cause serious injuries to children, parents may file product liability lawsuits against the equipment’s manufacturers. Defects in the design, manufacturing, or warnings of playground equipment may create hazards. On behalf of their children, parents may argue strict liability, showing that the children’s injuries resulted from a condition or defect of the product, that the defect held unreasonable hazards, and that the defect existed while still in possession of the product manufacturer. Such cases may also be argued based on claims of negligence or breach of warranty.  

If you have been injured in a personal injury or medical malpractice accident, do not hesitate to contact the Chicago accident and injury law firm of Cogan & Power at (312) 477-2500 to schedule a free case consultation, so that we can help you begin the process of recovery as soon as possible. If you cannot come to our offices in downtown Chicago, we will come to you. And because we take cases on a contingency basis, you will not pay any fee unless we get you compensation.