Law Blog

As the springtime nears, more people will be spending time outdoors. This includes children. When children play outside, they often play on playgrounds and playground equipment. With all the fun and exercise unfortunately also comes potential accidents. Children often are injured while playing on playgrounds, and on playground equipment. Some causes include falls, as it is very easy for children to fall from the playground equipment, including slides, stairs, swings, jungle gyms, etc., and sustain injuries. Another cause is broken or malfunctioning equipment, which includes equipment that needs to be replaced or repaired. It is important to know what to do if your child is injured and you find yourself in this situation.

Multiple parties may be liable for your child’s playground injury. Negligent parties can include property owners or designers and manufactures of the equipment. A property owner is an individual or company/organization that owns the land the playground is on. The owner that owns this land may be liable based on premises liability. Under an Illinois premises liability theory, it is essential that the defendant be in possession and control of the property on which the injury occurred. Albert v. Bank of Am., N.A., 12 C 9785, 2016 WL 559183 (N.D. Ill. Feb. 9, 2016). See Escobar v. Coca-Cola Enterprises, Inc., 390 F. Supp. 2d 692, 695 (N.D. Ill. 2005) (finding that “Coca-Cola owed plaintiff a duty only if it 'possess[ed] and control[led] the ... property on which the tort occurred'”) (citing Godee v. Ill. Youth Soccer Ass'n, 764 N.E.2d 591, 594-95 (Ill. App. Ct. 2002)). The elements of a premises liability claim are “(1) A condition on the property presented an unreasonable risk of harm to people on the property; (2) The defendant knew or in the exercise of ordinary care should have known of both the condition and the risk; (3) The defendant could reasonably expect that people on the property would not discover or realize the danger or would fail to protect themselves against such danger; (4) The defendant was negligent in one or more ways; (5) The plaintiff was injured; and (6) The defendants negligence was a proximate cause of the plaintiff's injury.” DeJohn v. Dollar Tree Stores, Inc., 18-CV-00079, 2021 WL 767618 (N.D. Ill. Feb. 26, 2021) (citing Rosales v. Menard, Inc., No. 17 C 1131, 2018 WL 2299232, at *3 (N.D. Ill. May 21, 2018) (applying Illinois law)).

Additionally, designers and manufactures of the playground equipment could be liable for products liability. Manufacturing defects result from qualities of a product not intended by the manufacturer while design defects refer to characteristics of a product intended by the manufacturer which render the product not reasonably safe. Mech. Rubber and Supply Co. v. Caterpillar Tractor Co. , 399 N.E.2d 722 (Ill. App. 3d Dist. 1980). Products liability refers to the liability of any or all parties along the chain of manufacture of any products for damage caused by that product. This includes the manufacturer of component parts (at the top of the chain), an assembling manufacturer, the wholesaler, and the retail store owner (at the bottom of the chain). Products containing inherent defects that cause harm to a consumer or user of the product would be subjects of product liability suits. In products liability actions, a manufacturer has a nondelegable duty to produce a product that is reasonably safe. Baltus v. Weaver Div. of Kidde & Co., Inc., 557 N.E.2d 580, 585 (Ill. App. 1st Dist. 1990).
 
The first step you should take after your child is injured in on a playground is to seek medical care. It is important to receive medical treatment to determine the severity of your injuries. Once you are safe and have received the proper medical treatment, you should contact a personal injury attorney. A qualified personal injury attorney will work with you to determine if you should take legal action to receive financial compensation for your injuries.

The personal injury attorneys at Sherwood Law Group have significant experience in all types of personal injury matters, including slips, trips, and falls, premises liability issues, and products liability issues. If you or someone you know has been injured on a playground, we at Sherwood Law Group may be able to help you. Our experienced personal injury attorneys will thoroughly evaluate your case and get you the compensation that you rightfully deserve for your injuries. All consultations are absolutely free. Contact Sherwood Law Group at 312.627.1650 or info@sherwoodlawgroup.com.