Product Liability Law Blog

According to SafeKids USA, the number one cause of injuries to kids ages 5 to 14 is playground accidents. About 150,000 children in this age group end up in US emergency rooms each year because of accidental injuries involving playground equipment. While some of these injury accidents involve playground equipment in private backyards, 3 out of 4 playground accidents occur on school grounds and in public areas.

A few months ago, the family of a boy who sustained a traumatic brain injury when he fell off playground equipment at a Burger King in 2005 received a $20 million injuries to children settlement. Defendants of the case included Burger King, the franchisee of the restaurant, and Delta Marketing Inc. The family’s playground accident lawsuit contended that the playground was made on a hard tile floor and no padding had been added to serve as a cushion during any potential fall accidents. The boy, who is now 12, continues to receive medical and nursing care for his severe TBI.

Even younger kids are prone to playground accidents. In 2006, a 15-month-old girl sustained second-degree burns on her feet when she stood on a metal plate covering a valve box in a California park’s water play area. Her family is suing the city of Yorba Linda, the metal plate maker, and other parties for the girl’s playground accident.

While the majority of playground accidents are not fatal—about 10 playground accident fatalities do occur a year. Also, fall accidents from playground equipment have been known to cause spinal cord injuries, traumatic brain injuries, and death.

Common causes of playground accidents:

• Poorly designed playground equipment
• Poorly constructed playgrounds
• Inadequate supervision
• Poor maintenance of playground or equipment

For more details about playground defects and other hazards that can exist on a playground, visit our Playground Injuries page for more information.

It is also important to monitor the Consumer Product Safety Commission Web site for news of playground equipment recalls. In April, SportsPlay Equipment announced the recall of a number of its playgrounds because their posts and handrails contained excessive levels of lead.

$20 million brain injury settlement names Riverside County Burger King, Justice.com, March 29, 2009

SportsPlay Equipment Recalls Playgrounds Due to Violation of Lead Paint Ban, CPSC, April 22, 2009

Family sues YC for toddler's burned feet, Appealdemocrat.com, May 14, 2009

No. 1 Cause of Injury in Elementary School: Playground Accidents, Safe Kids USA

Related Web Resources:
Playground Safety, Kidshealth.org

Playground Safety, National Safety Council