How can I protect my child from playground injuries? When a child sustains injuries on a playground, determining liability is often complex. Playground injury accidents can occur in school, daycare, or on public property. Usually, the damages occur because of negligent supervision or defective playground equipment. Much of the injuries are minor, but the child’s guardian may need to file a claim for premises liability or negligent supervision when severe.
Premises Liability Claims
The owner or person responsible for the upkeep of premises, such as a playground, must ensure they keep the grounds safe for children who enter. When a hazardous condition on a property leads to a child suffering injury, there are grounds for a premises liability claim for damages.
Negligent Supervision Claims
Those responsible for supervising children have a specific duty of care to ensure they do not sustain injuries in an avoidable accident caused by foreseen dangers. Civil laws could hold them financially accountable when the adult fails to protect the child and is in an accident. Some elements must be present for a successful claim. To establish the negligence, the plaintiff must prove:
- The defendant agreed to supervise the child.
- The defendant failed to provide a duty of care to prevent accidents.
- According to the North Carolina Pattern Jury Instructions C102.10, the evidence must show that their failure to provide a duty of care was the proximate cause of the child’s accident and injuries.
For questions about children suffering injuries on a playground or swimming pool, contact a compassionate attorney at Edwards Injury Law.
The Attractive Nuisance Doctrine
While in most premises liability actions, the law does not entitle a trespasser to recover damages if they suffer injuries, there is an exception for children. As per the attractive nuisance doctrine at North Carolina Restatement of Torts § 339, if the property knows or should have known that an object on their property would attract children, they could be liable for damages if they leave the property unsecured.
How can I Protect My Child from Public Pool Injuries?
Children love spending the day swimming in public pools during the hot summer months. Unfortunately, children often suffer severe injuries while spending time at public swimming pools. Those responsible for the public pool have a duty of care to ensure the children that enter the premises are safe from suffering foreseeable injuries. Some of the vital steps they must take include:
- Ensuring there are lifeguards on duty;
- Post warning signs of potential hazards;
- Properly install and ensure the upkeep of pool equipment;
- Tour the premises regularly to find and repair possible hazardous conditions;
- Follow federal and state safety rules and regulations;
- Ensure the pool is clean and sanitary at all times.
When a property owner or person responsible does not keep a property safe and a child sustains injuries, their guardian has the right to expect them to pay the damages. Therefore, when a child suffers injuries at a public pool, civil laws may entitle their parent or guardian to recover compensation for damages.
Statute of Limitations When Children Sustain Damages
There is a time frame for filing a civil claim for damages in all personal injury cases. However, when a minor suffers injuries, there are differences in the statute’s time frame. According to the North Carolina General Statutes section § 1-52, the clock will begin to run when the child turns 18 years old and expires on their 21st birthday. If the child’s guardians need to recover compensation from caring for them, they will need to file a civil action within the statute’s three-year deadline.
How Edwards Injury Law Will Help
Seeing your child suffer is one of a parent’s worst nightmares. When the accident that caused the injuries was avoidable and occurred because of negligence, the situation is often overwhelming. An experienced playground injury attorney at Edwards Injury Law understands what you are going through and will fight aggressively for the fair and just settlement amount you need for your child’s recovery. Contact us today to schedule a consultation and begin your claim.
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