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Playground Accidents In New York

An injury to a child is every parent’s worst nightmare. All too often we send our children to school or day care only to receive the dreaded call that our child was hurt or injured. Our New York Injury lawyers have handled numerous personal injury cases involving injuries to children.

The school or day care where your child was injured will not voluntarily ads,it that the accident was their fault, but often these injuries are caused by the negligence of the school or property owner. A few examples of the most common negligence our New York accident lawyers see are unsafe fall surfaces, children utilizing playground equipment that is not age appropriate, broken or uneven asphalt and negligence in supervision.

A dangerous or unsafe fall surface is one of the most common causes of fractures in playground accidents. It is foreseeable that children will fall or jump off of playground equipment. Many times children who fall put out their hand in an attempt to break their fall but unfortunately end up fracturing their wrist. Therefore playground owners and schools have a responsibility to make these playgrounds fall-safe. There are specific industry standards which our New York Personal injury attorneys have extensive familiarity with. The failure of a playground owner to comply with these standards is sufficient to establish negligence. For example industry standards require a surface that deflects or redirects the downward force of the fall such as wood chips. There are even specific requirements on how many inches of wood chips are required to be present. In these cases it is important to obtain pictures soon after the accident so that conditions such as an inadequate depth of wood chips or other improper surfacing conditions can be documented. Our New York accident lawyers will send an investigator to the scene to obtain pictures soon after we are retained so that we can document these conditions.

Another common cause of injuries which our New York accident lawyers see is children using age inappropriate playground equipment. All playground equipment is designed for children in a certain age group with bodies which are of a certain size. All playground manufacturers include guidelines with their equipment and often the intended age for the equipment is posted on the equipment itself. Where teachers allow children who are too young to play on equipment which is intended for older children this can establish negligence.

There are also numerous injuries caused by inadequate supervision. The law in New York requires teachers and care givers to exercise that same degree of care when watching children that a reasonably careful parent would exercise. Negligence can be established where teachers see kids doing something dangerous and don’t intervene or where there is too low of a teacher student ratio, so that they cannot possibly supervise the children.

With the increased use of rollerblades and shoes with wheels (healies), our New York accident lawyers are seeing many accidents involving fractured legs and ankles from children falling over broken concrete. Where the playground owner is a municipality it is often necessary to prove that the municipality caused the defect or had prior written notice of it. Often where there has been construction in the area our New York accident lawyers will be able to establish that the municipality opened the concrete or asphalt and failed to properly close it, which resulted in sinking and breaking up of the concrete.

When dealing with a playground injury it is very important to contact a New York accident lawyer who is familiar with playground accidents. In many cases the playground is owned by a school, City or town and New York law requires that a notice of claim be filed within 90 days of the accident. If this is not timely done, Court permission is required to file a late notice of claim.

From our Manhattan and White Plains offices our New York personal injury lawyers proudly serve the communities of the New York metropolitan area including New York City (the Bronx, Manhattan, Queens and Brooklyn a) and Westchester including White Plains, Yonkers, Greenburgh, Sleepy Hollow, Rye, Port Chester, Elmsford, Mount Kisco, Scarsdale, Hartsdale, New Rochelle and Mount Vernon.

 
The Law Offices of Michael H. Joseph