Ohio Injury Due to Defective or Unsafe Playground Conditions: Personal Injury Lawyers
Experienced Premise Liability Injury Attorney providing Personal Injury representation involving Injury Due to Defective or Unsafe Playground Conditions throughout the State of Ohio.
Call TOLL FREE: (800) 848-5297 today to schedule a Free Consultation with on of our Experienced Defective Property Condition Personal Injury Attorneys.
Ohio Unsafe Playground Injury Lawyers: Protecting Children from Negligence
A playground should be a safe place for children to learn and play. Tragically, when a school, park district, daycare center, or apartment complex fails to maintain or safely construct its playgrounds, unsafe conditions can lead to severe, life-altering injuries for children. Injuries resulting from defective equipment, unsafe surfacing, or negligent design are rarely accidents; they are typically the direct result of a property owner or manager breaching their duty of care.
If your child suffered a serious injury—such as a broken bone, TBI, or paralysis—due to an unsafely constructed playground in Ohio, you have the right to hold the negligent parties accountable. Our experienced Personal Injury Attorney team is well versed in Premises Liability claims involving child injuries, fighting to secure maximum compensation for your family's medical and emotional trauma.
Owner Liability for Unsafe Playgrounds Under Ohio Law
In Ohio, property owners and entities that maintain playgrounds owe a high duty of care to children who are considered invitees (having been invited onto the property). This duty includes inspecting, repairing, and ensuring the equipment meets recognized safety standards. We establish negligence based on the owner's failure to adhere to these standards:
- Failure to Maintain Safe Surfaces: Injuries often occur when the playground's surfacing material (wood chips, rubber mulch, sand) is inadequate, compacted, or too shallow to cushion a fall. We measure compliance against ASTM F1292, the national standard for impact attenuation.
- Defective or Unsafe Equipment: We investigate equipment failures, such as broken swings, rusted slides, or dangerously exposed bolts/hardware. The owner is liable if they had actual or constructive notice of the defect but failed to make prompt repairs or close the area.
- Negligent Design or Installation: The playground must comply with Consumer Product Safety Commission (CPSC) guidelines and ASTM F1487 (Standard Consumer Safety Performance Specification for Playground Equipment for Public Use). Violations often involve inadequate spacing between equipment, pinch points, or fall hazards.
- Attractive Nuisance: If the playground is in a state of severe disrepair or poses an extreme hazard, the attractive nuisance doctrine may apply, recognizing a special duty owed to trespassing children due to the inherent danger of the condition.
Sovereign Immunity Note
If the injury occurred on a public school or municipal park playground, liability may be governed by Ohio's Sovereign Immunity laws (R.C. Chapter 2744). While these laws shield government entities from some lawsuits, they do provide specific exceptions for injuries caused by negligent maintenance of grounds or equipment. Our attorneys are skilled in navigating these statutory defenses.
Securing Evidence in Child Injury Claims
Child injury claims involving playgrounds require immediate, specialized investigation. The property owner will often quickly remove the defective equipment or fill in the unsafe surfacing after an accident. Our firm acts swiftly to:
- Site Documentation: We send investigators and experts to measure fall heights, check equipment clearances, and test the depth and impact rating of the safety surfacing material before it is altered.
- Expert Review: We retain certified playground safety inspectors (CPSI) to compare the playground's condition against CPSC and ASTM standards, providing crucial evidence of the owner's breach of duty.
- Maintenance Records: We subpoena inspection logs, maintenance reports, and employee training records to prove the owner had prior notice of the dangerous condition.
Recovering Damages for Child Injuries (R.C. 2305.10)
A child's injury from an unsafe playground can lead to lifelong consequences. We aggressively fight to secure compensation that accounts for all of your child's needs, both now and in the future:
- Current and Future Medical Expenses (Pediatric Specialists, Surgeries, Physical/Occupational Therapy)
- Compensation for Traumatic Brain Injuries (TBI), Spinal Injuries, and Severe Fractures
- Lost Earning Capacity (for permanent disabilities)
- Pain and Suffering, Disfigurement, and Emotional Trauma (Psychological Counseling)
The statute of limitations for a child's Personal Injury claim in Ohio (R.C. § 2305.10) is typically two years from the date of the injury. However, in Ohio, the statute may be tolled (paused) until the child reaches age 18. Despite this tolling, evidence fades quickly, making immediate action essential.
Contact Our Ohio Personal Injury Attorneys Today
If your child was injured on an unsafely constructed or maintained playground, do not let the property owner evade responsibility. We understand the specific safety guidelines and liability statutes that govern these tragic cases.