Everyone loved recess time when in school no matter their age. Recess meant time to run around the schoolyard, joke with friends, meet new friends, play catch, have a game of tag and enjoy some time away from the books. Recess also meant injuries. Thousands of kids are injured on the schoolyard every year across the country for one reason or another. Maybe the child got hurt climbing on the equipment. Maybe the child got into a fight with another child. Maybe while playing catch, the child was hurt by the ball being thrown. Either way, injuries are commonplace during recess, but who can be held liable for an injury on a playground? Contact our experienced Pennsylvania children playground injury lawyers at Berger & Lagnese, LLC for your consultation today.
A Child’s Risk of Getting Injured on a Pennsylvania Playground
A child has an increased risk of suffering an injury when on a schoolyard playground. Teachers are required to provide supervision for their students even when they are no longer in the classroom studying subjects like math, reading, and writing. A study conducted by Safe Kids USA found that there is a need for more adult supervision on school playgrounds. Some other statistics discovered by the study include the following:
- More than half of all the injuries suffered on playgrounds are suffered by children between the ages of five and nine
- Close to 40 percent of the injuries suffered on the playground are associated with a lack of adult supervision
- Close to 40 percent of all playground injuries occur during May, June, and September
- More often than not, children play on a playground without any adult supervision
Determining Negligence in Butler, PA
When it comes to determining negligence for a playground injury there is the possibility that the school could be held liable for said injuries. For starters, it’s possible for a school to held liable if a child suffered a reasonably foreseeable injury due to lack of supervision. It is impossible for a school to ensure complete safety for its students, but is required to put steps into place that can prevent harm. For example, if a teacher notices students playing roughly on the playground they should put an end to it because the rough play could wind up hurting the children involved.
Immunity from Liability in PA
It is also possible for a school to be immune from liability involving injury to a student. An example of this is if the school your child attends has a science lab and the child is in that class. During days where experiments are held the students are typically told to wear their protective goggles. Should a student choose not to wear the goggles and subsequently suffer an injury to their eyes, the school likely will be immune from liability. Most courts will rule that this is a discretionary judgment call.
What About Bullying?
The most common question that arises when a student is injured at school or on the school playground is who is held liable for bullying? More often than not courts hold schools liable for injuries caused by bullying or some other form of negligence. Pennsylvania schools can reduce this liability by playing a more active role in preventing bullying altogether or intervening when issues arise.
Contact a Greensburg Personal Injury Lawyer to Discuss Your Child Playground Injury Case in Pennsylvania
Did you or a loved one sustain serious injuries due to playground incident in Pennsylvania? Don’t let the medical bills pile up while you wait for the negligent party, or their insurance company, to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Berger & Lagnese, LLC represent clients injured because of playground incidents in Pittsburgh, Erie, Cranberry Township, Butler and throughout Pennsylvania. Call 412-471-4300 or email us to schedule a consultation about your case. We have an office conveniently located at 310 Grant Street Suite 720 Pittsburgh, PA 15219.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.