If you’ve been golfing or playing baseball long enough and you’re anywhere near as terrible as we are, it’s only a matter of time before someone says “I’ve seen better swings on a playground.” While they may be right (at least based on our poor golf game), that got us thinking about just how poorly designed and maintained a lot of playground equipment is. And when playground equipment is defective, children (and often even adults) get hurt. If you believe a piece of playground equipment may be defective, and that defect caused a playground injury or death to you or your loved ones, call us now for a free case evaluation.

Playground Accident Statistics and Playground Deaths Per Year

According to the Consumer Product Safety Commission, each year, more than 200,000 children ages 14 and younger go to U.S. hospital emergency departments with injuries associated with playground equipment. More than 20,000 of these children are treated for a traumatic brain injury, including concussion. The National Safety Counsel reports that 80% of playground injuries are caused by falls.

The CDC reported that between 1990 and 2000, 147 children ages 14 and younger died from playground-related injuries. Of them, 82 (56%) died from strangulation and 31 (20%) died from falls to the playground surface. Most of these deaths (70%) occurred on home playgrounds.

If a Piece of Playground Equipment is Defective, the Manufacturer and Retailer May be Liable for the Resulting Damages in a Playground Injury Lawsuit

Generally, any company involved in manufacturing and distributing a defective product is potentially liable for injuries caused by the defective product. That means if for example you purchased a brand new swing set on Amazon or at Walmart and installed it in your backyard, and you or your loved ones were injured because of a defect in the swing set, you could potentially bring a lawsuit against Wal Mart or Amazon and the swing set manufacturer.

While sellers and manufacturers are the most common defendants, that does not mean they are the only possible defendants. Each situation is unique and depending on the circumstances, there may be many more hidden defendants who are potentially liable for your injuries. Speak with an experienced attorney to confirm that you haven’t overlooked additional potential defendants who may be responsible for your injuries.

The Most Dangerous Pieces of Playground Equipment

All playground equipment has the potential to be dangerous when it is poorly designed, negligently maintained, or improperly assembled. This is compounded by the fact that a lot of dangerous old playground equipment is still in people’s backyards and on public playgrounds even though they have since been recalled or are no longer sold (see for example: 10 Pieces of Playground Equipment that Nearly Killed Your Grandparents). While old dangerous playground equipment should cause any parent some concern, the following common playground equipment is often considered the most dangerous: 

1. Swing Sets: the constant wear and tear on swing sets can lead to swing chair becoming separated, chains or ropes breaking, and even the swing set collapsing.

2. Monkey Bars, Jungle Gyms, and Other Climbing Equipment: when climbing playground equipment, there is often nothing between children and the ground. If they fall while climbing a piece of playground equipment, the injuries can be significant. Monkey bars, jungle gyms, and other climbing equipment are particularly dangerous because the weather and constant wear and tear can weaken the structural integrity of the equipment, causing pieces to fall off while children are climbing on them, or the entire structure to collapse.

3. Merry-Go-Rounds: these spinning carousels are often operated by children running in a circle around the equipment in order to increase the merry-go round’s speed. This is a recipe for disaster since many people (children and adults alike) have had their arm or leg caught in the handrails, or been flung from the carousel as it rotates at a high speed.

Common Playground Equipment Malfunctions and Defects

Some examples of playground equipment malfunctions/defects include:

• Inadequate or Non-Existent Guardrails causing children (and even adults) to fall from heights
• Collapsing swing sets
• Cheap materials that cannot withstand repeated use or foreseeable weather/environmental conditions, causing the playground equipment to come apart during use
• Rusty playground equipment that is not rust-resistant or was not rust-proofed, increasing the risk of cuts and infections for children who interact with it
• Materials that crack or split, causing cuts and abrasions to users
• Toxic materials (including in paints and finishes)
• Cheap or Inadequate fasteners that fail to secure the playground equipment to the ground, causing the slide to shift or move during use
• Unreasonably slippery materials used on the stairs or within the equipment, causing children to slip and fall
• Poorly designed playground equipment, including unreasonably steep or sharp angles, inadequate weight tolerances, and insufficient railings and safety features
• Confusing or Inadequate Installation Instructions: proper installation of playground equipment is imperative for the equipment to be considered safe. Sometimes however, the installation instructions are so confusing or unclear that they can result in improper installation. This can give rise to a warning defect claim.

This is by no means an exhaustive list. If you or your loved ones have been injured by what you think may be a playground equipment defect, call one of our experienced playground equipment defect lawyers now for a free consultation.

Injuries Caused by Defective Playground Equipment

Injuries caused by defective playground equipment can include:

• Paralysis
• Concussions and Traumatic Brain Injuries
• Back and Spine Injuries
• Broken/fractured bones
• Limb disfigurement
• Lacerations
• Death

Determining Liability When Playground Equipment is Defective 

While every state’s laws are different, to prove a strict product defect claim under Nevada law, the plaintiff must establish that:

1. The defect existed at the time the product left the manufacturer;
2. The defect made the product unreasonably dangerous; and
3. The defect caused injuries or damages

Proving that a product is unreasonably dangerous often requires experts and product testing, both of which demand significant case funding and knowledge regarding which experts to rely on and which tests to perform. Whoever you retain as your attorney, make sure they have a strong knowledge of which experts to rely on, and how to guide the strategy of your case in a manner that conserves valuable resources.

Get Help from Our Nevada, California, Arizona, and Utah Playground Equipment Defect Lawyers

Product defect claims are complicated by their very nature. If you or your loved one has been hurt by a piece of playground equipment that was defective or malfunctioned in some way, it is vital that you reach out to a knowledgeable lawyer as soon as you can. Failure to file a lawsuit by certain deadlines (i.e. the “statute of limitations”) can result in you giving up your claim forever.

Whether you’re in Las Vegas, Los Angeles, Salt Lake City, Phoenix, or anywhere else in the country, we’re standing by and ready to assist you with your case. Our law firm has significant experience handling product liability cases and our lawyers are ready to talk with you about your unique situation. We’ll provide a free review of your case, and will inform you about your legal options and the best way to pursue a potential claim. If you believe a piece of playground equipment may be defective, and that defect caused a playground injury or death to you or your loved ones, call us now for a free case evaluation.