As a parent, you do everything you can to protect your child. When you send your child off to school, you expect that your child will be safe and well taken care of. However, this is not always what happens. If your child has been seriously injured while on the playground at school, you need to investigate the incident in order to understand your legal options.
Was There Adequate Supervision?
The first thing you need to determine is if there was adequate supervision on the playground. Ask the school principal or your child's teacher how many children were on the playground and how many teachers were present to supervise.
The ratio for adequate supervision depends on the age of your child, but a general rule of thumb is that a teacher or teaching assistant should not be in charge of more children on the playground than they are expected to safely watch in their classrooms. Find out what the classroom ratio is for your child's age group, and see if that matches up with the ration on the playground.
You may also want to follow up with the teacher or teaching assistant who was on the playground when your child was hurt to make sure that the numbers the principle gave you were accurate.
If there were more children than one adult could reasonably watch, you may be able to pursue a personal injury suit against your child's school for their injuries due to inadequate supervision.
Was The Playground Equipment Defective?
Next, you need to look into the playground equipment that your child was injured on. Don't rely on someone else's word; go out to the playground and take detailed pictures of the playground equipment from all angles. While you are taking the pictures, check for obvious signs of defective equipment, such as loose parts or pieces of equipment that are sticking out and could injure a child.
If you are unsure what to look for, you may want to take your pictures to a personal injury attorney who specializes in cases involving defective playground equipment. They can give you a second opinion about the equipment or they can recommend a playground expert who can look at the equipment as well as your pictures.
If you, your attorney, or a playground expert determines that the equipment was defective, you have two different legal options available. If the defect was due to improper maintenance on the part of the school, you can sue the school for your child's injuries through a personal injury lawsuit. However, if it is determined that the defect was due to the manufacturer, you can pursue a personal injury lawsuit against the company that made the playground equipment.
If your child was seriously injured on the playground at school and you would like to pursue legal actions, try to answer the two questions above first before you continue with your quest. Inadequate supervision and defective equipment are two legal channels that are open to you to pursue if your child is seriously injured at school.
For professional legal help, contact a lawyer such as William D. Hochberg.Share
28 August 2015
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