Liability for playground injuries and accidents

Liability for playground injuries and accidents

If your child suffers injuries in a playground accident in Denver or surrounding areas of Colorado, your family may have grounds to seek compensation in a claim against one or more parties. Holding a person or entity liable–legally and financially responsible–for your child’s injuries requires proof that the responsible party was negligent. Negligence under Colorado law means the person or entity failed to use a reasonable amount of care. Playground injury claims can be surprisingly complex. You should seek help from a child injury lawyer in Denver to establish negligence and pursue compensation for your child’s injuries.

If your child sustained injuries in an accident in Colorado, contact the personal injury lawyers at Front Range Injury Attorneys today to schedule your free consultation. Our experienced legal team are knowledgeable and zealous advocates for our clients and their cases. We treat our clients as people, not case files. Learn more about how we can help you pursue compensation for your injuries and damages. Contact our Denver law firm to learn more.

Denver personal injury attorneys

Who is responsible for playground accidents in Colorado?

In Colorado, the responsibility for a playground accident depends on the circumstances of the case. In general, the property owner or operator has a duty to keep the playground safe and free from hazards. If the owner or operator breaches this duty and someone is injured as a result, they may be held liable for the accident. However, there may be other parties involved, such as manufacturers or designers of the equipment, who may also be held responsible.

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

  • Private schools
  • Public schools or school districts
  • Daycare centers
  • Babysitters
  • Property owners
  • Playground maintenance crews
  • Manufacturers of defective playground equipment

A critical step for your attorney is investigating the accident and potentially liable parties. This investigation often involves more than determining the cause or mechanism of injury. Other details are important, such as how property conditions came to exist prior to the injury. In the case of an employee who caused the accident through negligence, the investigation may stretch back months or even years to determine of the employer negligently hired the worker or negligently trained the employee. When a playground equipment defect causes a child injury, the family may need to pursue a product liability claim which can also involve extensive investigation.

What is the burden of proof under Colorado law in a playground injury claim?

The plaintiff, in this case the child’s parent or legal guardian, must prove the defendant caused the injury by presenting evidence that satisfies the burden of proof for a particular claim. For most personal injury claims, the plaintiff must prove the defendant’s negligence caused the child injury. The burden of proof for injury claims is generally the preponderance of evidence. Preponderance of evidence is a legal term that means more likely than not. In other words, the plaintiff must prove the child’s playground injury was caused by the defendant with at least 51% certainty. Other claims under Colorado law can require different legal standards for liability. Your child injury attorney will carefully evaluate your case to determine the appropriate claims and burdens of proof to seek maximum compensation.

In negligence claims, the plaintiff must prove four elements:

  1. The defendant owed the child a duty of care
  2. Defendant breached that duty of care to the child
  3. The breach of duty caused the child’s injury
  4. The injury resulted in damages

Evidence in playground accident claims in Colorado may include:

  • School or daycare employment records
  • Child playground supervision schedules
  • Statements from eyewitnesses
  • Video surveillance footage of the accidents
  • Photos of the scene of the accident
  • Medical records from the child’s treating medical providers
  • Expert witness testimony
  • Documents pertaining to the manufacture, sale and installation of playground equipment
  • Playground equipment recall notices

Your Denver personal injury attorney can investigate the claim and collect evidence of fault after a playground accident in Denver. Then your lawyer will carefully evaluate potential claims and defendants to pursue the best case to recover compensation for your child’s injuries. That may involve negotiations with insurance companies or a personal injury lawsuit to present evidence at trial.

Pursuing compensation for a playground accident and injury in Colorado

Childhood playground accidents can result in traumatic injuries with long term or permanent symptoms. It can be worthwhile to pursue a claim on your child’s behalf, even if it results in a personal injury lawsuit against a Denver defendant. A lawsuit can hold the liable parties accountable for failing to keep your child safe. It can also motivate the defendant and other parties to do the right thing and protect other children from similar harm. You can seek financial compensation for your child’s injuries, medical bills and other losses suffered by your family.

If you need help determining liability for your child’s playground injury in Denver, contact Front Range Injury Attorneys today. Our lawyers will fight hard for your family to deliver justice for you and your family. We offer free case evaluations so there is no financial risk to talk to an attorney at our Denver law firm about your case. If we agree to pursue your personal injury case, we take cases on a contingency basis so you won’t even pay legal fees until we recover money for your family.

Colorado Slip and Fall Lawyer

If you sustained injuries on someone else’s property due to a dangerous condition, you may be entitled to compensation for injuries and related financial losses. The Colorado slip and fall lawyers at Front Range Injury Attorneys help clients pursue full and fair compensation for these claims across the state. We help clients with slip and fall or premises liability claims in Colorado including:

Contact our law firm for a free consultation to discuss your case. You can speak with our attorneys at no cost and no obligation about your legal rights.

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