How To Determine If A Lawsuit Is Appropriate After Your Child Is Seriously Hurt On The Playground
When your child gets seriously hurt on the playground, once you have taken care of your child and they are feeling better, your next responsibility is to make sure that the situation doesn't happen again. One of the best ways to do that is by pursuing a lawsuit. Here are the two angles you should explore to determine if a lawsuit is the appropriate response to what happened to your child.
The first thing that you need to explore is the level of supervision on the playground when your child was injured. Most states have strict teacher to student ratios that have to be followed not only when students are in the classroom, but when they are out on the playground as well. The student to teacher ratio is generally lower for younger students and higher for older students, based on the idea that older students need less supervision and can regulate themselves more.
You need to find out what the student teacher ratio is in your state, and then find out what classrooms and how many students were on the playground, and who was on staff supervising the students.
If the student teacher ratio was off significantly, and there was not adequate supervision, you have solid ground and reasoning to move forward with your case.
The school will need to provide you with this information. You attorney can follow up and verify this information by interviewing teachers and support staff, and getting access to their schedules and playground assignments.
The second area that you need to explore is the quality of the equipment on the playground that your child was on. Was your child taught how to play safely on this equipment? For example, does the school have rules about going down feet first on the slide or what moves are appropriate on the jungle gym? It is the responsibility of the school to teach your child how to play safely on the equipment.
Next, look at the quality of the equipment. Is the equipment well-cared for? Can you see sharp metal edges? Can you see damage to the equipment? If the equipment shows obvious deficits, it may not be safe for any children to play on.
Your attorney, such as from Alexander Law Firm, can take pictures of the equipment from all angles, and even bring in a playground expert to ensure that the equipment is installed correctly and doesn't pose any hazards to students.
If you find issues with the supervision or quality of the equipment, it is a good idea to move forward with a lawsuit since the circumstances around your child's serious injury could have been prevented by proper supervision and safe equipment. That may include suing the school, school district, playground equipment installer, and anyone else you and your attorney deem responsible or the situation.