A fun day at a local park or private play yard can quickly go wrong. But what happens when your child’s injuries aren’t from falling and scraping a knee? Instead, a sharp corner or untethered area allowed your child to sustain serious play yard injuries that may affect them for all of their life. That’s when you would call Las Vegas, Nevada injury attorney to come onto the case.
Can You Sue for Your Child’s Play Yard Injuries?
Whether you can sue or not depends on the fault and liability involved. For example, if your child was using play equipment in a way that it wasn’t meant for, then they probably aren’t liable. However, if they failed to post the rules for using the equipment, then they may be liable.
There’s also a federal standard for play yards, and if the center doesn’t meet that standard, then they’re failing to comply with federal law. Suing a place for liability always comes down to negligence and fault. Whose fault was it, and did the center fail to provide a safe place for the children to play and enjoy their time.
Do Private Playgrounds and Jump Centers Carry Liability for Injuries?
While these places usually carry liability insurance, they often fight the liability outright by using a roughly drafted document. Parents are often required to sign a form that discloses that the place is not liable for any injuries. But that seems like a blanket statement, and it can’t possibly fit into all situations, right?
You’re right, that “we are not liable for any injuries,” doesn’t hold up in all situations. Extreme negligence and other elements can open up the opportunity to pursue a legal case. However, there are often situations where one kid will push another, and the parent will sue the play center rather than the other parent.
What Can You Do To Prove That The Play Center is Liable?
Essentially you need to show that they violated some building code, or to that extent, failed in the line of protecting children. For example, if an outlet cover were pulled off and the management covered it with duct tape but leaving the wires exposed behind it, they shouldn’t be surprised when a kid gets zapped. Electrical shock is a serious injury and can lead to death. That is extreme negligence where the management clearly should have replaced the cover rather than put tape over it.
Other things like not installing play equipment correctly or ignoring reports of damaged equipment that led to an injury can put the play center or jump center as liable. Keep in mind that even when installed correctly, trampolines make up a large portion of child injuries and emergency room visits.
Where Can You Begin Your Play Yard Injury Case?
Always focus on your medical needs first. It’s difficult to handle an injured child and do anything else. Worry about getting your child on a treatment or recovery plan so they can bounce back from their injury. Then, seek out a local Las Vegas personal injury attorney to start building your case. Your case should show that the location was liable, that their management team or owner failed to provide proper safety, and then that your child’s injuries were a result of their negligence.
Usually, an attorney will arrange for an investigation. They will also go through and subpoena the complaints or other communications from past clients and identify if this issue was part of an ongoing trend. They may also look to public complaints in an effort to establish that the issue that led to your child’s injury was something that the staff was aware of and failed to fix.
After the investigation and discovery, you’ll enter into either negotiations or a courtroom. Most personal injury claims in Las Vegas end in settlement and never get in front of a judge. You can arrange for this with your attorney if there’s a good settlement offer.
Contacting a Personal Injury Lawyer for Your Child’s Play Yard Injuries
When you’re not sure if you can move forward with a lawsuit or not, the first stop on your list should be with an injury law firm in Las Vegas. Often play yards, and jump centers have parents sign away liability. However, those statements or agreements are often poorly crafted, and sometimes negligence can break the purpose of that agreement.
Schedule a consultation in Las Vegas with Nettles Morris to discuss your local personal injury case. Our attorneys meet with parents who are seeking compensation for their children’s injuries regularly; we understand that you’re handling many other facets of life at this time too.