“The idea of filing a lawsuit is what many people dream of doing when they feel helpless, angry, or hurt.” Says the lead content writer at Suttle Recreation. “The problem is that even if you win a lawsuit, you may never receive any money. Whoever receives the judgment against them can file counter suits, can just not pay, etc.”
What Can Caretakers Do?
It might sound like being an overprotective parent, nanny, grandparent, or babysitter, but due diligence can save the day. Before taking a child to play on a public playground, be sure that they have liability insurance. That way if there is a mishap, and your child gets hurt, there is money to cover it without ruining everyone’s lives.
Also, if a playground looks run down, has wildly overgrown grass, snakes, insects, and a broken swing, you probably want to assume they do not have insurance. If they are that negligent about taking care of a playground, then consider there’s no insurance, and no kind respect nor sense of responsibility to pay out if they owe you money in a lawsuit.
Manufacturers will test their equipment and know how long it is before it needs to be replaced. They have guidelines on how the playground needs to be maintained as well. The better playgrounds are going to be designed by industrial designers, checked out by engineers who sign off on the plans and watch the manufacturing process.
The Fine Print
In other words, you might try to sue, but the manufacturer has covered their behinds with all types of documentation about the maintenance, strain the equipment can handle, and about how long it will last. While you may not be aware of that, the city or school that has the playground should have all of that information from the manufacturer and be following their guidance on how to maintain the playground.
City Safety By-Laws
Simply call the city before hand. You may feel overprotective but just do your work ahead of time. If your kid gets hurt and ends up in the emergency room and you feel compelled to sue, at least you have been forewarned about the drawbacks.
At worse, you will be handed a bill for all of the legal fees and time that you have wasted filing a lawsuit that was unnecessary and borders on fraudulent.
In Britain, they have actual directives on how to handle this type of particular issue — mishaps on the playground. Specifically, if someone claims negligence, the judge will decide the value of a claim of negligence.
That’s about it for the legal safety measures to take for both sides. Though trust that most big corporations and even cities or municipalities have their financial and juridical aspects covered.
You might hire a law firm to look into it for you. They may not charge you any fees unless you win. If it is worth it to them, then they will pursue legal action. You might find that there is an out of court settlement. That might happen, and it could be worth more to both parties in a sense to cut the financial bloodletting of a lawsuit.