The playground should be a place of fun and childhood wonder. However, occasionally, a day at the playground ends in the emergency room. When a child suffers an injury on playground equipment, there may be uncertainty about who is responsible.
U.S. News and World Report explains that responsibility depends on the nature of the accident. Some accidents are a result of the child not using equipment properly or an adult not providing adequate supervision. While a person could take the case to court, it would be impossible to prove liability on the playground owner in such a case. A strong liability case will show negligence on the part of the person or entity responsible for the maintenance of the playground.
Bad maintenance
If the injury occurs due to broken equipment, then it is on the property owner to hold the responsibility. Such an injury is due to the property owner not making sure that the equipment is in good shape.
Defective equipment
If the injury happened because something broke even though it was well-cared for, then the liability may be with the manufacturer. This is likely a situation where the equipment has a manufacturing defect.
Improper supervision
If the child suffered the injury under the watch of a hired caregiver, then the caregiver could also face liability. This is especially true if the injury happened due to a lack of proper supervision.
Incorrect installation
If the injury happens because of an issue with installation or the overall build of the playground, then the liability is on the contractor. This would be a case where the contractor did not do something correctly when putting up the playground or where he or she did not install safety measures that would have prevented the injury.
