Who Is Liable For Injuries on Playground Equipment in Illinois?

 Posted on May 24, 2021 in Premises Liability

Now that the weather is getting warmer, parents and child care providers will likely be spending more time outside with children, including on the many playgrounds throughout Illinois. Playground equipment can be a great way to keep children active and entertained, but unfortunately, it can also lead to injuries, some of which are serious. If your child is injured on a piece of playground equipment, it may be possible to recover compensation if there is evidence of negligence that contributed to their injuries.

Common Cause of Playground Injuries Among Children

Children can be injured on playground equipment in many different ways. Some common causes and contributing factors in playground injuries include:

• Lack of proper supervision - Without a responsible adult keeping watch, children can easily injure themselves even on reasonably safe equipment.
• Falls - Children using swings, slides, jungle gyms, and other equipment are often high off the ground, and if they fall, they can suffer broken bones, concussions, and other injuries.
• Sharp edges - Especially with playground equipment made from wood or metal, sharp points, edges, or protruding parts can cause puncture and laceration wounds if children step on them or run into them.
• Loose or rusted parts - Unsecured or weakened parts can cause equipment to break while in use and create an immediate injury risk.

Holding Negligent Parties Accountable

Some playground injuries are truly accidents, but in many cases, one or more parties are liable due to their failure to ensure the equipment is safe. Depending on the circumstances, negligent parties could include:

• Property owners - The person or organization that owns the property and equipment may be negligent based on Illinois premises liability statutes if they allow the equipment to fall into dangerous disrepair.
• Designers and manufacturers - The people responsible for making the playground equipment may be liable if it is designed in a way that makes it inherently unsafe for children, or if a manufacturing flaw or error results in a faulty or defective product.
• Installers - If someone other than the manufacturer or property owner installed the equipment, they can be liable for injuries resulting from improper installation, such as failing to properly secure all pieces.
• Child care providers - Daycare services have additional responsibilities under Illinois law to ensure their playground equipment is safe and that they provide proper supervision while children are using it. They can be liable for a child’s injuries that should have been preventable.

Contact a Lake County Personal Injury Attorney

Recovering compensation for your child’s playground injuries can be difficult, and you may face many obstacles. However, with an experienced attorney, you do have options. At Salvi & Maher, L.L.C., we can help you review the circumstances of your child’s injuries to determine whether negligence is involved, and we will represent you in a claim to pursue the compensation you need to help with your child’s recovery. For a free consultation, contact our Waukegan personal injury lawyers today at 847-662-3303.

Sources:

https://www2.illinois.gov/dcfs/aboutus/notices/documents/cfs_1050-52_summary_for_dcc.pdf

https://www.ilga.gov/commission/jcar/admincode/089/089004070H03900R.html

https://www2.illinois.gov/dnr/grants/Documents/IDNRPlaygroundManual.pdf