Child Supervision - Injuries at School
Not all injuries that occur on a playground are simply an accident. If your child has sustained an injury while playing on a playground, you may have a legal right to seek compensation on your child's behalf.
Schools that either own or maintain playgrounds have a responsibility to provide children with a safe environment in which to play. For example, industry standards dictate that playground equipment should be installed in a specific manner that helps prevent children from falling from the equipment and lessens the severity of a child's injuries in the event a fall does occur.
Specifically, schools should limit the height of playground equipment. In addition, the fall zone, or area located underneath or around the area where a child could fall, must be free of other equipment or obstacles that could come into contact with a child who has fallen. Lastly, equipment should be set up over a protective surfacing such as shredded rubber, wood chips or bark mulch as opposed to asphalt or dirt. These types of shock-absorbing surfaces will cushion the impact of a falling body, thereby reducing the risk of serious injury. A school or municipality that fails to set up playground equipment in this fashion may be held liable for injuries caused by the creation of a dangerous condition.
In addition to the school's duty to properly construct the playground, schools have a responsibility to provide students with adequate supervision while the playground is in use. Playground supervisors should be appropriately trained and positioned to observe children at play and to prevent them from playing on equipment in an improper manner. A school may be held liable for all foreseeable injuries that stem from the school's failure to provide your child with appropriate supervision.
If your child has been injured at school, protect your child's rights and call us immediately. New York State law imposes strict time limits that govern when a claim may be brought against a school district. Specifically, in order to pursue a claim against the school, you must first file a legal document known as Notice of Claim within 90 days of the accident. If the Notice of Claim is not filed within 90 days, you will lose your right to commence a lawsuit.
To protect your right to make a claim for injuries that occurred at school, call the law firm of Martin, Harding & Mazzotti, LLP ® at 1800LAW1010 ® (1.800.529.1010) or click here to email us.
Your personal injury lawyers who will get you the money that you deserve.