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Liability for Playground Injuries and Accidents

December 13, 2022

If your child gets injured in a playground accident in Colorado, your family may have grounds to bring a claim for compensation against one or more parties. Holding someone liable, or legally and financially responsible, for your child’s injuries requires proof that the individual or entity was negligent. This means the person failed to use a reasonable amount of care. You may need assistance from a child injury lawyer in Denver to establish negligence and prove your playground injury claim.

Liability for Playground Injuries and Accidents

Who Is Responsible for a Playground Accident in Colorado?

Liability for a playground accident in Colorado depends on the circumstances. An investigation may be necessary to determine the cause of the accident. For example, the injured child may not have been properly supervised by an adult at the time of the incident, such as by a teacher at a school or an employee at a daycare center. In this scenario, the school or facility could be held liable for the negligence of its worker.

Common examples of liable parties named in playground accident lawsuits are:

  • A private school
  • A public school or school district
  • A daycare center
  • A babysitter
  • A property owner
  • A playground maintenance crew
  • The manufacturer of defective playground equipment

If an investigation finds that a property defect on the playground caused the injury, such as a sharp stick that should have been removed before letting children play, the owner or controller of the premises may be held liable. If it is discovered that the playground equipment contained a defect that caused the child injury, on the other hand, the family may have grounds for a product liability claim against the manufacturer or distributor, instead.

What Is the Burden of Proof in a Playground Injury Claim?

During a child injury claim in Colorado, it is up to the filing party (plaintiff) to prove that the other party (defendant) was negligent. The burden of proof in an injury claim is a preponderance of the evidence, or evidence that shows the defendant is at fault with at least a 51 percent certainty. If your family wishes to file a lawsuit for a playground accident in Colorado, you will need clear and convincing evidence of the defendant’s fault.

Evidence to establish a playground accident claim may include:

  • Statements from eyewitnesses
  • School or daycare center employment records
  • Child playground supervision schedules
  • Video surveillance footage of the accident
  • Photographs of the scene of the accident
  • Medical records and testimony from the child’s doctor
  • Documents pertaining to the manufacture or installation of the playground equipment
  • Any playground equipment recall notices

A Denver personal injury attorney can investigate your claim and help you collect any evidence that proves fault or negligence after a playground accident in Denver. Then, your lawyer can present this evidence in a compelling way to an insurance company, judge or jury in the pursuit of maximum financial compensation for your child’s injury and related losses.

Pursuing Compensation for a Playground Accident and Injury in Colorado

If your child suffers through the trauma of sustaining a serious injury on a playground, it can be worthwhile to file a personal injury lawsuit against one or more liable parties in Denver. A lawsuit can hold a defendant accountable for failing to keep your child safe – potentially pushing for changes in the future that could protect other children from similar harm. It could also result in the financial compensation that your family needs to move forward.

If you need help determining who is liable for your child’s recent playground injury in Denver, contact an attorney at The Fang Law Firm. We have decades of experience handling child injury cases and can go up against any defendant. We are proud to say that we have a 98 percent success rate for settlements and have handled 10,000 cases between our attorneys. Learn more about your family’s rights during a free case consultation with one of our lawyers.