Playground and swing set injuries account for over 200,000 serious child injuries a year. This number does not represent the minor injuries, such as scrapes, bruises, and broken arms, only those that require calling an ambulance and assistance of the emergency department. Therefore, the actual number of child injuries on playgrounds is much higher. According to statistics from the Center for Diseases Control (CDC), more than 20,000 of these injured children are treated for a traumatic brain injury (TBI), including concussions.
Playground accidents can occur at community parks, schools, daycares, churches, shopping centers and private homes. Three out of four child playground injuries are from equipment like climbers and swing sets.
What Are the Risk Factors for Florida Children on Swing Sets?
Certain children are more prone to swing set injuries. Young girls are more likely to sustain injuries than young boys, while age plays a significant role in the equation. You might assume that younger children are those hurt on playgrounds and swing sets, but the truth is these children are hurt far less than children five and older.
Instead, children age five to nine are the age group most commonly injured on playgrounds. Knowing that 40% of all child playground injuries involve a lack of supervision, this statistic makes more sense. Parents and childcare providers closely supervise children under four, and this intensity of supervision prevents many injuries and deaths that may occur without parental involvement.
Outside the home, daycares and schools are responsible for providing supervision. In certain instances, Florida child wrongful death accidents on swing sets can be a result of poor training or negligence on the part of these institutions. It is possible for parents to bring a wrongful death case in Florida on this basis.
Some situations that may indicate negligent or reckless supervision, and therefore a breach of a duty owed to these children are: failure to stop rough or dangerous behavior on or near the swing set; failure to monitor children on play equipment; introducing children to equipment that isn’t age appropriate; and failing to monitor children on swings.
Faulty playground equipment can come crashing down, cause children to fall, and even result in strangulation. In this instance, the manufacturer of the swing set could be liable for a child’s death or serious injuries. However, it is more likely that the property owner is fully or partly responsible for the child’s injury. Property owners owe a duty of care to the individuals, including children, on their property. In some instances, property owners have a duty to maintain their property, including manmade additions like swing sets, even when the children are trespassing on the property. Failure to properly construct the swing set, delays in maintaining the equipment or failure to repair apparent or known damage to the swing set and other playground equipment are all potential causes of liability.
If your child was seriously injured or killed on a swing set or playground equipment of any kind, it’s time to take action. We offer free initial consultations to the parents or guardians of any child who has been involved in an accident. We have over 40 years of combined legal experience representing injured children across the State of Florida. We are passionate about child safety and protecting the legal rights of children. Call us today toll-free 1-866-597-4529, local 305-441-0440 or send us an email at [email protected] and speak to an experienced children’s injury lawyer today. We are ready to help.