Playground Accidents and Potential Liability for Property Owners
Playgrounds are designed to attract children, and they tend to do just that. Unfortunately, however, playground accidents are not uncommon, and they can be very serious. If your child was injured in a playground accident, bringing a successful playground accident claim will depend on your ability to establish the property owner’s liability. Our experienced Charleston playground accident attorneys at John Price Law Firm, LLC, are here to help.
Playgrounds Are Intended for Play
As the name implies, playgrounds are spaces that are designed for children to play in. Charleston’s weather supports outdoor play all year round, and this is reflected by the many playgrounds throughout the city. Some, however, are far safer than others.
A Duty of Care Applies
The owners of playgrounds in Charleston owe the children who are entitled to play on them a duty of care. This means that these property owners have a responsibility regarding the safety of the children at play.
The Attractive Nuisance Doctrine in South Carolina
Even if your child was injured when they shouldn’t have been on a specific playground, such as if it was closed, this owner’s duty of care likely still applies. This is based on South Carolina’s attractive nuisance doctrine, which allows claimants to hold property owners responsible for accidents caused by something that attracted the minor to the space. And playground equipment is a fine example.
The Property Owner’s Knowledge of the Injury-Causing Hazard
To bring a successful playground accident claim, you’ll need to prove that the property owner knew or reasonably should have known about the risk factor in question. This is generally established in accordance with what other reasonable property owners or managers would have done under similar circumstances.
If most playground owners had implemented more care in relation to safety, given the relevant circumstances, it can support a strong playground accident claim. To begin, the owner must have known about the danger posed, or they reasonably should have known about it. Proving that they reasonably should have known about the problem can be bolstered in relation to the actions that other reasonable playground owners would have taken, given the circumstances.
Common Causes of Playground Injuries in Charleston
Charleston’s beautiful weather and terrain make it a prime spot for playgrounds. While every playground accident claim is specific to the unique situation at hand, some of the most common causes include the following:
- Falls onto playground surfaces that don’t afford any shock absorption, which can intensify the injuries sustained
- Poorly maintained playground equipment
- Poorly designed playground equipment, which can include issues related to physically trapping children
- Equipment that is not age-appropriate
- Equipment that invites falls, which includes monkey bars
Discuss Your Claim with Our Experienced Charleston Playground Accident Lawyers
Our formidable Charleston playground accident attorneys at John Price Law Firm, LLC, dedicate our impressive practice to guiding challenging claims toward favorable resolutions that support the well-being of the children represented. Learn more by contacting us online or giving our firm a call at 843-552-6011 today.