Playground Injury Lawyer in Beaumont
When we drop our kids off at school or for childcare at nurseries or after-school programs, we understand we are leaving our children in the hands of trained professionals. These professionals are responsible not only for providing education but also for ensuring that our kids are kept safe. Unfortunately, that promise is not always kept: Over 220,000 children under the age of 14 are sent to the emergency room after playground injuries across the United States every year. When a school administrator or other authority figure fails to take their responsibility seriously and our children are hurt as a result, they must be held responsible for their failures.
The legal issues surrounding playground accidents can be extremely complex, and it is important that families secure experienced and knowledgeable legal help as soon as possible to make sure all the necessary evidence is preserved and all potential claims remain available to pursue. If your child was injured on a Texas playground, call a school injury attorney at Gilbert Adams Law Offices for help.
Types of Playground Injuries
Children can be injured on a playground in a number of ways. Some of the more common causes of playground injury include:
- Falls from height
- Dangerous slides
- Rusty equipment
- Loose bolts and other forms of disrepair
- Lack of safety measures
- Cuts and lacerations from sharp edges
- Struck by equipment or flying objects
- Child-on-child assault
- Animal attack
Playground injury can occur in any number of ways. Children are often fearless, and even more often careless. That is exactly why supervision is required. Children can fall from the top of jungle gyms or monkey bars because they lose their grip or balance. Old or improperly used or maintained playground equipment can also fail, letting a child fall or hitting them. Children can become stuck in equipment in moving parts or pinch points. Left to their own devices, children might even attack and harm one another.
Due to the various hazards on playgrounds, children are apt to suffer a variety of injuries including:
- Traumatic brain injury
- Spine injuries
- Scrapes, cuts, bruises, and lacerations
- Broken bones
- Damage to one or both eyes
- Crushed extremities and limbs
- Scarring and disfigurement
Whatever the nature of your child’s injury, you have the right to seek justice and compensation. If an accident could have been prevented with proper maintenance and supervision, a school or other facility may be held responsible.
Who is Liable for a Playground Injury?
If your child is injured on a playground, it is important to establish who may be liable for their injuries and your resulting financial burden. If you have placed your child in the care of a school or other facility, then the administrators of that school or facility have the responsibility to care for your child. That includes providing adequate supervision, maintaining playground facilities, and otherwise exercising reasonable care for your kids. If they failed in their duties by, for example, leaving children alone and unsupervised, or failing to keep equipment in a safe condition given the age of the children attending the playground, then the school or facility might be held responsible.
Even if you were present and still in control of your children at the playground, someone else might still be responsible for your child’s injury. If you take your kids to a public playground and the equipment breaks down causing your child injury, for example, you could have a claim against the municipality responsible for maintaining the playground. Talk to a Texas playground injury lawyer to find out who may be liable for your damages and how to ensure they are held accountable.
Time Limit for Bringing a Child Injury Claim
Every type of legal claim has a time limit, known as the “statute of limitations.” Most personal injury claims must be brought within two years of the date of injury. There are certain exceptions, including injury claims involving minor children. A minor child has until two years after their 18th birthday to file their own personal injury lawsuit, regardless of when the injury occurred.
The delayed statute of limitations applies only to claims on behalf of the child. Parents may have their own claims based on their child’s injury, including for the payment of medical expenses. The parents’ claims must be brought within the usual two-year time limit. The child’s specific claims, including pain and suffering, disfigurement, or physical impairment, can be brought until the child turns 20.
Trusted Legal Advisors for your Texas Playground Injury Claims
Many factors go into whether a school or other authority figure may be held liable for a playground injury. If your child was injured on a playground at a Texas school, park, or another public or private facility, you need a savvy personal injury lawyer on your side to conduct a thorough investigation and gather the evidence necessary to build your case. It is vital to be represented by a seasoned attorney who understands what evidence is necessary, what laws apply, and the proper legal channels that you must go through to be successful with your claim. In Beaumont and throughout Texas, contact an attorney from Gilbert Adams Law Offices for a free consultation regarding an injury or a death occurring on a Texas playground.