When you send your child to school, you have a reasonable expectation that there will be sufficient supervision and safety measures to protect them from the worst. Unfortunately, thousands of children are seriously injured on playgrounds every year, many of them at school.
If your child was injured in a school playground incident, you could be left with considerable medical bills in addition to the fear and frustration of seeing your child hurt. Who can be held responsible for playground accidents? Who will pay for your child’s injuries and the many financial consequences that accompany them?
At Brauns Law Accident Injury Lawyers, PC, our Georgia attorneys are ready to answer your questions and demand fair compensation on your behalf. To learn more about who is responsible for your child on a school playground, continue reading – and don’t hesitate to contact us for your free initial consultation.
When Is a Teacher, Nanny, or Caregiver Responsible?
When children are not with parents, relatives, or guardians at playgrounds, they are most likely to be supervised by teachers, nannies, or other caregivers. And unfortunately, playground injuries can occur whether caretakers are present. In some of these cases, you may be able to hold a teacher or caregiver responsible.
Keep in mind that it can be difficult to pin liability on a teacher for playground injuries in Georgia. State courts have consistently held that supervision of students is often a “discretionary” action, which means that teachers must use their personal judgment to make supervisory decisions. And judgment errors alone are rarely sufficient grounds to hold a teacher or other school employee responsible.
To hold a teacher or caretaker liable for school playground injuries, you must be able to prove that they agreed to supervise your child, they failed to do so properly, and your child was injured as a result. A teacher, nanny, or caregiver could be responsible for:
- Ignoring obvious playground hazards, such as broken glass or wild animals
- Overlooking instances of student bullying, fighting, or physical assault
- Forcefully “losing their cool” while attempting to exercise discipline or stop fights
- Intentionally slandering, humiliating, isolating, or physically harming a student
When Is a School or Property Owner Responsible?
If you suspect that a property owner or manager may be responsible for a playground injury, your first step should be to determine who owns the playground. If the playground is on public school grounds, you will likely have a difficult time holding the school or local government liable, except in cases of extreme negligence. If your child was injured on public school property, a knowledgeable attorney can help you by explaining your available legal options.
On the other hand, if your child was injured at a playground on private property, you likely have more options for seeking compensation. This includes cases involving injuries that occur on playgrounds in private schools, daycares, and residential areas.
Private property owners in Georgia may be responsible for injuries that occur on their premises based on a legal theory known as “premises liability.” Under Georgia premises liability laws, a property owner could be responsible for playground injuries if they:
- Failed to provide adequate supervision for children on the playground
- Failed to routinely inspect the property for potential safety issues
- Neglected to address property hazards, such as dilapidated equipment, unsecured fencing, or environmental issues
- Neglected to provide verbal or written warnings in spite of known hazards
When Is a Manufacturer or Contractor Responsible?
Schools, teachers, and property owners are not the only parties that may be held responsible for playground accident injuries. The manufacturers of playground equipment or the contractors who install the equipment may be liable in certain circumstances, too.
There are many reasons why a manufacturer could be at fault for playground injuries that occur on equipment it made, many of which are safety-related. Designing playground equipment with inadequate guardrails, lack of shock protection, or other serious defects could expose a manufacturer to liability. Similarly, producing or assembling defective equipment can result in unexpected injuries.
A contractor that assembled or installed the playground equipment could also be liable for injuries. If the equipment was assembled incorrectly, it might be inherently dangerous to use. An experienced injury lawyer can review the specifics of your unique case to identify liable parties and make sure you never settle for less than you deserve.
How Much Is My School Playground Injury Case Worth?
No two injury cases are alike, so there is no formula or average that can reliably approximate the value of your case. However, with a successful injury claim, you could be entitled to compensation for the following injury-related losses:
- Any medical expenses you incurred for the treatment of your child’s injuries, including ambulance rides, hospitals stays, and doctor’s visits
- Incidental costs you incurred as a result of your child’s injuries, such as mileage costs for travel to medical appointments
- Reduced income or benefits from any time you missed at work while your child recovered from their playground accident injuries
- The intangible costs of the pain and suffering you and your child have endured as a result of their playground accident injuries
How Can a Personal Injury Lawyer Help Me?
The Georgia personal injury attorneys of Brauns Law Accident Injury Lawyers, PC, can help you in the aftermath of a playground accident injury by:
- Answering your questions and identifying your options in a free consultation
- Conducting an independent investigation into the playground accidents
- Communicating with schools, property owners, and other parties on your behalf
- Obtaining medical records, accident reports, and other useful evidence
- Interviewing eyewitnesses and experts for valuable supporting testimony
- Managing important case documents and deadlines on your behalf
- Working relentlessly to maximize your compensation every step of the way
Contact a Georgia School Playground Injury Lawyer Today
If your child was injured in a school playground accident in Georgia, do not hesitate to reach out to Brauns Law Accident Injury Lawyers, PC. Our attentive playground injury lawyer can answer your questions and evaluate your case when you contact us for a free strategy session.
