Articles Posted in Playground & Recreation Injuries

Ferris Wheel - Amusement Park InjuriesFlorida is a tourist destintation in part because of the warm weather, beaches, and, yes the variety of theme parks including but not limited to Disney World, Universal Studios, Sea World, and Lego Land.  When a person is injured at a Florida theme park, there are many questions, issues, and challenges that arise.  Believe me, the theme park managers and workers are well aware of the risk of injury to guests. In addition, the managers and workers have been trained and instructed as to the potential for lawsuits and insurance claims from these incidents.  If an incident report is prepared, there is no duty that the theme park provide the guest a copy.  Furthermore, the preparation of the incident report is not to make the claim easier for the guest but to document the circumstances of the incident especially the actions by the staff to defend the case in the future if a claim or lawsuit is pursued by the guest.   Here are the four basic elements that need to be proved to establish a case or claim against a Florida theme park:
1. Duty;
2. Breach of Duty;

Resort - Beach - Personal InjuriesFlorida is a well known tourist destination for parents, children, and families across the nation as well as the rest of the world. After all, we have Disney World, Universal Studios, Sea World, and, yes, Lego Land. In addition to these well known attractions and theme parks, we have beaches and coast line in all part of Florida including the Panhandle, Florida Keys, and elsewhere.  For most vacationers, the time spent in Florida is quite enjoyable.  For some, the worst that happens on a trip to Florida is a bit of sunburn and mild exhaustion from all of the sites to see and visit. For others, the Florida vacation marks the time in which a child or another friend or family member suffers a serious personal injury.  For some, Florida marks the spot where a person dies as a result of the negligence or carelessness of another person, business, or government entity.
When a person is visiting from another state or country, where should the case or claim be filed if the incident takes place in the State of Florida?  The typical answer to this question is the State of Florida.  If an accident or incident takes place in the State of Florida, a claim or case can be brought because of Florida laws allows for the pursuit of a claim or case regardless of residency in or outside of Florida.   Jurisdiction would be proper for the following types of cases:  automobile accident, playground injury, premises liability case, slip and fall, pedestrian accidents, and other types of incidents.
It should be noted that the laws related to the rights of compensation vary from State to State and can even vary from the type of case pursued.  The personal injury related laws in the State of Florida can be quite restrictive.  There are notice provisions for certain cases and all personal injury cases are subject to one or more statute of limitations.  Because of the complexity of Florida law, a parent should contact a Florida Child Injury Lawyer for advice, guidance, and legal representation to advocate for the best interests of the child and to secure the rightful compensation on behalf of the injured child.

106-1113tm-vector2-2936Trampolines can provide hours of enjoyment and exercise to children.  Unfortunate, a trampoline can also be the site or location of a serious personal injury to a child.   There are three major reasons why children are injured while playing on a trampoline:
1.  Improper Maintenance / Repair of the Trampoline.
There are far too many homeowners, summer camps, schools, and day care centers with trampolines that are older and / or without proper safety measures and equipment.   Many trampolines lack side netting and barriers.  Alternatively, the side netting or barrier is in place but in disrepair.  There are also trampolines in use and available for play with issues with the legs or footing of the trampoline.  Some have missing springs and holes in certain areas.   When a trampoline is not properly maintained, children can be harmed even during simple light use.

Personal Injury ClaimsPlaygrounds are places where children can explore and interact with their friends. On most days and for most children, a playground is a wonderful for a child to be active and use his or her imagination while having fun with friends.  . Unfortunately for some children, a playground can be the site of a serious personal injury. If the injury results from the improper maintenance of the playground AND / OR the improper supervision by child care provider, friend,  neighbor, or relative, there could be a plate case or claim pursued on behalf of the injured child.As a Florida Child Injury Lawyer handling cases throughout the State Florida, the issue of damages is present in every case.  Essentially, what is a case worth? What should the settlement value be?  Should the case proceed to trial?  These are excellent and common questions.
It should be noted that thereare essentially two parts of each personal injury case whether the incident involves a playground injury, day care center abuse / neglect, or an automobile accident.  The two major parts of each personal injury cases on behalf of the injured are as follows:
1. Liability; and

Happy little girl looking at camera while swinging on playground area

Playground Injuries

During the summer months and the rest of the year, children enjoy the fun and adventure of spending time on a playground.  Whether it is at the day care center, school, summer camp, or public park, a playground can provide hours of entertainment and activity for children – especially toddlers and pre-schools. Of course, elementary aged children also enjoy going to the playground but as they grow older – the playground loses some of its luster to these children.   For the children who still love to go to the playground, there is great fun but also a risk of injury any time that a child spends time on a playground.

During the summer months, a child can get injured on a playground in a number of ways. One such way is being burned by the hot ground or hot playground equipment.  While a playground owner / operator / supervision cannot do much about the weather, safety precautions can be taken on the playground itself by making the sure that the equipment is made with materials and coating that protects the children and that the ground cover is made of materials that also protect the children in a reasonable manner. 

Play Time Written In Multicolored Plastic Kids Letters

Play Time at Day Care Centers, Schools, and Summer Camp

At most playgrounds, it is common to see a slide.  Children often enjoy playing on playgrounds and especially the joy and thrill of climbing up a slide and then sliding down.  If the slide is age appropriate and used correctly, most injuries from playground slides are avoided.   This also assumes that there is sufficient and reasonable supervision in place for all of the children on the playground including but not limited to the slide area – ladder, levels, slide, and landing.  Unfortunately, for some children, the playground slide is the location of a serious personal injury.   When a child is injured on a playground, the day care center, summer camp, property owner, school, or city / county entity may be liable for the resulting injuries and damages.   The liability or responsibility will depend on the ability to prove the four essential elements of a civil case or claim:

1. Duty;

Medical%20Symbol%20-%20Care%20for%20Children%20and%20Adults.jpgWhen child is injured in a car accident, playground accident, school accident, day care accident, or other incident, a parent is often faced with many challenges. One such relates to medical care and treatment for the injured child. If the child is covered by health insurance, then there should be a wide variety of medical providers for treatment If the child was injured in an automobile accident, bicycle accident, or pedestrian accident involving a motor vehicle, then there should be the PIP or personal injury protection coverage available for accident related treatment.

When a child is injured but there is no available medical or automobile related insurance, then it can be quite a challenge to obtain medical treatment for an injured child. One would think that the at fault-person, company, or government agency would step in and pay medical bills caused through the fault of party or entity causing the injuryt. This does happen in some instances. However in many instances, a parent is put to task to find medical treatment and sources for payment of the same during the while it claim cases pending.

In most communities, there are a special group medical providers who understand the financial challenges of medical care and treatment following an accident or incident. These medical providers will provide treatment on a “wait to get paid” basis provided that there is a viable case or claim to pursue and there is some likelihood of recovery compensation for the medical bills and other damages.

Attorney%20-%20Lawyer%20Briefcase.jpgIn the State of Florida, children are the victims of a wide variety negligent and careless supervision and conduct that lead to personal injuries. As a Florida Child Injury Lawyer, I am often asked to speak with parents and review incidents to determine if there is a case to pursue. To pursue a matter on behalf of an injured child, there needs to be what is called a Cause of Action. This refers to the a recognizable claim or case against another party (person, organization, insurance company, business, or government entity). A Cause of Action can be spelled out by Statute. For instance, a dog bite case or cause of action is general spelled out in Chapter 767, Florida Statutes. Dog bite cases are unique in that a Cause of Action can be pursued against a dog owner regardless of the prior aggressiveness of the dog. A dog owner does not necessarily have to be negligent to be liable for the injuries caused by a dog bite. Most other causes of action involving a child injury are governed by general negligence laws and standards which require the presentation and proof of the following elements:

1. Duty;

2. Breach of Duty;

playground%20swings%20with%20buckets%20toddlers%20baby%20day%20time.jpgThroughout the State of Florida, there are playgrounds in most every community. Some are located at public schools, public parks, day care centers, camps, after school centers, community centers, and other areas. As a Florida Child Injury Lawyer, I am often asked the following questions:

What if a Child is Injured While on a Florida Playground?

Is There a Case to Pursue for Compensation?

Playground%20slide%20green%20child%20safety.jpg

At most schools and community centers, there are playgrounds. At some, there are even obstacle courses. On most days, children have fun and enjoy their time outside. With proper supervision and maintenance, playgrounds are great places for children to play. Unfortunately, at times, playgrounds are the sites of serious personal injuries and even the death of a child. There are risks and dangers involved with playground activities. One such danger is the risk of strangulation due to ropes and other areas in which a child’s head may be caught or trapped. There are a number of reasons that a child is injured or or near a playground including improper design of the playground, improper maintenance of the playground, lack of supervision, lack of fencing or enclosure of the playground, and other reasons. It is important that property owners and school administrators maintain and periodically evaluate playground areas to check for items of disrepair or playground equipment that could harm a child during normal use and play. While not every injury or incident is necessarily preventable, all reasonable, necessary, and practical efforts should be taken to make the playground area as safe as possible for children.

A recently tragedy was reported in Jacksonville, Florida. It involved a 10 year old boy who was playing on a rope swing at the Bolles Batram Middle School. It was reported by the Jacksonville Sheriff’s Office that the boy was at the school while his older brother was at football practice. The incident took place on an obstacle course area. Since the obstracle course was at a middle school, it may have been designed for use of older children than the child who was playing in the area. Prior to the incident at issue, the boy was playing with his sister. She was the first to notice that her brother was unresponsive. See 8 Year Old Boy Suffers Serious Personal Injuries at the Bolles Middle School.

When a child suffers an injury, a parent is often faced with many challenges and issues. The book titled – The ABCs of Child Injury – Legal Rights of the Injured Child – What Every Parent Should Know – has chapters on School Injuries, Day Care Center Injuries, Medical Care and Treatment and other topics. You can get this book for free at The ABCs of Child Injury.