What Should I Do if My Child Was Hurt Due to Defective Playground Equipment?

Every year, according to the National Recreation and Park Association (NRPA), over 200,000 children sustain injuries in playground accidents. The U.S. Consumer Protection Safety Commission (CPSC) states that more than half of such injuries are caused by construction defects and design flaws. Some of the most common injuries include bone fractures, bruises, abrasions, head and neck injuries, burns, and strangulation.

If your child was harmed by defective playground equipment, you may be able to hold the manufacturer responsible, under product liability law, for breaching the legal duty of care. Manufacturers have a legal obligation to do everything reasonably possible during the design and construction process to ensure the safety of children who use their playground equipment. Most states use the guidelines set forth in a handbook produced by the U.S. Consumer Product Safety Commission (CPC), which offers suggestions for playground material composites, signage, and other important elements of playground construction.

In addition, the owner or management company for the playground may also be responsible if they knew – or should have known – that the equipment was defective or not otherwise working properly and let children play on it without repairing or removing it. Moreover, even if the equipment was designed and manufactured properly, the owner or management company can be held liable if the equipment failed to work because the owner or management property failed to properly maintain it.

Some of the defects you may be able to hold a manufacturer liable for include:

  • Defect in warning: The equipment does not have adequate instructions or warnings, rendering the product unsafe for use.
  • Defect in manufacturing: The equipment was improperly manufactured, resulting in a dangerous flaw.
  • Defect in design: The design of the equipment is inherently flawed, rendering it unreasonably dangerous to children.

The Washington, DC product liability lawyers at Simeone & Miller, LLP have recovered tens of millions of dollars on behalf of our clients. If your child suffered injuries as a result of defective playground equipment, you need a legal advocate on your side who can fight for you, achieve justice, and secure financial compensation. Product liability is a complex area of personal injury law and requires the assistance of a seasoned legal professional.

Call us today at (202) 888-0872 for a free consultation.

Categories: Product Liability