New York City Playground Accident Lawyer
Your child should be free to play without getting hurt because someone failed to keep a playground safe.
When your child is injured at a playground, school, or day care, do not assume it was simply an unavoidable accident. Broken pavement, dangerous playground equipment, unsafe playground design, inadequate fall surfaces, poor maintenance, and inadequate supervision can cause serious injuries. If an unsafe condition or someone’s negligence caused your child’s injury, you may have the right to hold the responsible party accountable.
At the Law Office of Michael H. Joseph, PLLC, we represent parents whose children have been injured on playgrounds throughout New York City. We investigate what caused the accident, identify who was responsible for keeping the playground safe, and preserve the evidence needed to prove your child’s claim.
It costs nothing to discuss your child’s playground accident with us. Call (212) 858-0503 for a free consultation.
“Our NYC playground injury attorneys employ investigators who can get out to a playground, often the same day that we are called and take photographs and measurements, to preserve evidence.”
What Are New York’s Playground Safety Requirements?
New York property owners are required to keep playgrounds in a reasonably safe condition. That responsibility can apply to schools, day care and preschool facilities, New York City parks, and other properties where playground equipment is provided for children.
New York General Business Law § 399-dd addresses safety requirements for the design, installation, inspection, and maintenance of playgrounds and playground equipment. New York regulations also incorporate safety standards based on the U.S. Consumer Product Safety Commission’s Handbook for Public Playground Safety.
These standards matter when your child gets hurt. One of the first things we look at in a playground accident case is whether the equipment, surfacing, installation, or maintenance failed to meet applicable safety standards. We may also review inspection and maintenance records to determine whether a dangerous condition should have been found and corrected before your child was injured.
A playground cannot simply be installed and forgotten. Equipment can loosen, surfaces can deteriorate, and protective materials can become displaced over time. Regular inspections and proper maintenance can identify dangerous conditions before a child gets hurt.
If your child was hurt because of unsafe playground equipment or conditions, call (212) 858-0503 for a free consultation with our playground injury attorneys in NYC.
According to the Consumer Product Safety Commission, each year, more than 200,000 children ages 14 and younger go to U.S. hospital emergency departments with injuries associated with playground equipment. More than 20,000 of these children are treated for a traumatic brain injury,
Common Causes of Playground Accidents in New York City
Children are supposed to run, climb, jump, and play. Playground owners and operators must account for that when inspecting and maintaining playgrounds. Dangerous conditions should not be ignored.
Broken Pavement and Concrete
Broken pavement, potholes, and uneven concrete can catch a child’s foot, bicycle, scooter, or skateboard and cause a serious fall. If your child was injured because of a damaged surface, photographs and an early investigation can help document the condition before it is repaired.
Unsafe Gaps in Playground Equipment
Gaps between playground components can trap a child’s foot and cause a fall. Loose connections, improper installation, unsafe playground design, or poor maintenance may create these dangerous openings. Our attorneys may work with engineers to inspect and measure the equipment and determine what caused the gap.
Inadequate Playground Surfacing
Children fall from playground equipment. Protective surfacing should help reduce the force of those falls. When wood fiber or another protective material is inadequate, displaced, or poorly maintained, the type, condition, and depth of the surfacing should be investigated.
Poor Inspection and Maintenance
Playground equipment does not stay safe without maintenance. Metal rusts. Connections loosen. Surfaces deteriorate. Inspection and maintenance records can help show whether a dangerous condition existed and should have been corrected before your child was hurt.
Age-Inappropriate Playground Equipment
Not all playground equipment is appropriate for every child. Equipment may be designed for specific ages based on a child’s size and abilities. Missing or inadequate age warnings should be investigated when a younger child is injured.
Inadequate Playground Supervision
Schools and day care centers have responsibilities when supervising children on playgrounds. If inadequate supervision contributed to an accident, who was supervising the children, where they were located, and what they were doing may become important evidence.
The required depth of loose-fill surfacing depends on the material and the height of the playground equipment. CPSC guidance has long recommended substantial depths of engineered wood fiber, wood chips, mulch, sand, and other approved materials to reduce the force of falls. If a child is injured after falling from playground equipment, we may measure the depth and condition of the surfacing and compare it with the standards applicable to that playground.
Who Can Be Held Responsible for a Playground Accident in NYC?
The person or organization responsible for your child’s playground injury depends on who owned, operated, maintained, or controlled the property and what caused the accident. A playground accident should be investigated to determine who had the responsibility to keep the area safe.
Depending on where your child was injured, responsible parties may include:
- New York City or another government entity
- A school or day care center
- A private property owner
- A playground or recreational facility operator
- A maintenance or repair contractor
- A company responsible for installing playground equipment
More than one party may be responsible. A property owner, for example, may have failed to inspect the playground while a contractor failed to properly repair or maintain the equipment.
We look at who controlled the playground, who was responsible for inspections and maintenance, whether the dangerous condition should have been discovered, and what was done about it. Maintenance records, inspection reports, contracts, photographs, and witness statements can help answer those questions.
Do not assume the playground owner is the only party responsible. Identifying everyone who may have contributed to your child’s injury is an important part of building the injury claim.
If you are unsure who is responsible for your child’s playground injury, call (212) 858-0503 for a free consultation and let us investigate what happened
Frequently Asked Questions About New York City Playground Accident Claims
If your child was injured on a playground, you may have questions about whether you can sue, who may be responsible, filing deadlines, claims against New York City, and what you should do next. The answers below address some of the questions parents often have after a playground accident in NYC.
Can I Sue If My Child Got Hurt on a Playground in New York City?
Yes, you may be able to bring a claim if your child was injured because a playground was unsafe or someone responsible for the playground was negligent. A claim may involve dangerous playground equipment, broken pavement, inadequate fall surfacing, unsafe design, improper installation or maintenance, or inadequate supervision.
Who may be responsible depends on who owned, operated, maintained, or controlled the playground and what caused the injury. A New York City playground accident lawyer can investigate the accident, identify the responsible parties, and determine what claims may be available.
Can I Sue New York City If My Child Was Injured at a Public Playground?
Possibly. If your child was injured because of a dangerous condition at a New York City public playground, the City may be responsible depending on who controlled the property, what caused the accident, and whether the legal requirements for a claim can be established.
Claims against New York City are subject to special procedures and shorter deadlines. In many cases, a Notice of Claim must be filed within 90 days of the accident, so it is important to speak with a lawyer promptly.
Are There Time Limits for Filing a Playground Accident Claim in New York?
Yes. The deadline depends in part on who owned or operated the playground. If your child was injured at a playground operated by the City of New York, you generally must file a notice of claim within 90 days of the accident. Claims against private property owners are subject to different deadlines. Do not assume you have plenty of time. Call our New York City playground accident lawyer for a consultation as soon as possible so the applicable deadlines can be identified.
What Happens After I File a Notice of Claim With New York City?
After a notice of claim is filed, the City may require a hearing about the accident and your child’s injuries. This is commonly known as a 50-h hearing. You may be asked how the accident happened, what condition caused your child’s injury, and what you observed at the playground. Our attorneys can prepare you for the hearing and explain what to expect before you answer the City’s questions.
Do I Need a Playground Accident Lawyer Right Away?
You should speak with a lawyer as soon as possible after a serious playground accident. Filing deadlines are only one concern. The condition that injured your child can change quickly. Broken pavement may be repaired, playground equipment may be fixed, and protective surfacing may be replaced or moved. An early investigation can preserve photographs, measurements, witness information, and other evidence before it disappears.
What Should I Do if My Child Was Injured at a School or Day Care Playground?
Get your child the medical care they need and report the accident to the school or day care. Ask that the incident be documented, and photograph the playground and dangerous condition if you can. Do not assume the school or day care will preserve all of the evidence for you. Call a playground accident lawyer at our firm for a consultation to discuss what happened and whether further investigation is needed.
Law Office of Michael H. Joseph, PLLC
The Law Office of Michael H. Joseph, PLLC, has been helping injured victims recover compensation for their injuries for over 25 years. Our attorneys are members of several prestigious organizations, including:
- New York State Trial Lawyers Association
- American Association for Justice
- New York County Bar Association
- Westchester County Bar Association
To request your free initial consultation with our team, call our New York City office at (212) 858-0503 or our White Plains office at (914) 574-8330. You can also request a case review online.
