Can I Sue for Public Playground Accidents in Kentucky?
Written by Cooper & Friedman PLLC on June 25, 2024
Going to the playground is a very popular summertime activity for kids. Stay-at-home parents take their kids to run out some energy, daycares have them for outside play time, and they’re great for parties and get-togethers. But, with more activity on the playground, there is also a larger risk for playground accidents. If your child is involved in a severe playground accident in Kentucky due to negligence, you might be wondering if there is a way to make things right. Whether that be to get the dangerous playground equipment fixed or to recover money lost to undue medical bills, Cooper and Friedman, Child Injury Lawyers in Louisville, KY, are here to help.
When Can I Sue in a Playground Accident in Kentucky?
In order to litigate for your child’s injuries, there are several factors to consider. Firstly, there are two primary reasons for negligence in playground accident litigation: premise liability or negligent supervision.
Premise liability litigation is due to a property owner failing to fulfill their legal obligation to keep a playground and the area around it safe. Schools, camps, city parks, daycares, and other private institutes all have this legal obligation. In order to file a premise liability case, the prosecution will have to be able to prove:
- That the dangerous condition existed on the defendant’s property
- That the injured child was allowed and expected to be on the property/equipment
- That the property owner was negligent in the proper care of the property/equipment
- That because of the negligence, the child sustained bodily injury
- That the property owner’s negligence was a key cause of the child getting injured.
Negligent supervision litigation is due to a breach in the duty of care. This happens when a child sustains an injury whilst in the care of someone legally obligated to ensure their safety. This might include school districts or staff, camp counselors, daycare teachers, or babysitters. For negligent supervision cases, prosecution should be able to prove:
- That the child was legally in the care of the defendant
- That the defendant failed to take reasonable steps to ensure the safety of the child
- That the defendant’s negligence was a key cause of the child getting injured
Sovereign Immunity in Kentucky
Sovereign immunity is a legal doctrine that protects the government and their agencies from being sued. In many cases, this means that injuries which happen on public or governmental property are immune from legal action. However, in Kentucky, there are situations where citizens can sue due to negligence. In 2021, an amendment was made that states,
“…the General Assembly to provide the means to enable a person
negligently injured by the Commonwealth, any of its cabinets, departments, bureaus, or
agencies, or any of its officers, agents, or employees…”
A child’s injury due to a property owner or manager’s negligence can be a government or municipality’s breach of duty of care. Therefore, you may have the opportunity to bring a case against the government for a public playground accident in Kentucky.
Need a Child Injury Attorney in Louisville, KY? Call Cooper and Friedman.
If your child has been injured in a playground accident in Kentucky, call Cooper and Friedman for a free 15-minute consultation. Remember, a case starts at at the site of the accident. Be sure to:
- Take photos of the dangerous conditions/equipment
- Take photos of the injury itself
- Record the rules and regulations of the park at the time of the accident
- Record any contracts for the programs, schools, daycares, etc. your child was enrolled in at the time of the accident
- Take your child to a doctor for diagnosis as soon as possible
- Keep track of your child’s medical records and bills from the accident
If your child has been injured in a playground accident in the State of Kentucky and are in need of an experience child injury lawyer, give the lawyers at the Cooper & Friedman law firm a call. The attorneys at Cooper and Friedman PLLC have over 50 years of combined experience defending the rights of playground accident victims. Contact us with questions you might have or schedule a free case consultation with an attorney by calling 502-459-7555 today.