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Liability in Florida Playground Accidents

Playground accidents can occur on Florida school property during school hours or at city and county parks. Some accidents are the result of child’s play and may not result in serious injuries. However, other preventable accidents are the result of someone’s negligence. In many instances, a child’s injuries are the result of defective equipment or negligent supervision. Florida children who have suffered playground injuries because of another person or entity’s negligence should contact an attorney to discuss their rights and remedies.

Typical defendants in Florida playground accidents are playground equipment manufacturers or retailers, school employees, or the city or county responsible for maintaining the playground. These cases entail many challenges because plaintiffs must comply with strict filing notices and deadlines. Requirements vary depending on the nature of the accident, type of lawsuit, and defendant.

Playground accidents, specifically those that occur on school grounds, are not always related to defective equipment, but may involve instances of altercations between students. For example, in a recent opinion, a state appellate court addressed evidentiary burdens in a lawsuit involving a physical altercation on a school playground. In that case, the child suffered injuries when other students attacked her during recess. The family filed a lawsuit alleging that the child’s injuries were a result of the school’s negligence and carelessness because of the school’s failure to supervise children on the playground adequately.

The trial court found that the school was liable because they failed to staff the playground appropriately. The defendants appealed, arguing that the plaintiffs needed to provide expert testimony regarding whether there was an adequate number of adults on the playground. However, the appellate court ultimately ruled that this case did not require expert testimony, and the fact-finder did not need to rely on or apply scientific data or specialized knowledge to determine whether the school appropriately supervised the children.

Florida law provides that school employees have an affirmative duty to ensure the safety of their students during school and at school-sponsored events. This duty includes exercising reasonable care in supervising students. School employees, administrators, or the board of education may be liable for injuries that a student suffers in a playground. Some common examples of school negligence on a playground include inappropriate security, inadequate supervision, poor lighting, failure to prevent foreseeable harm, and untrained teachers and monitors.

Has Your Child Been Injured on a Florida Playground?

If you or someone you know has suffered injuries on a Florida playground, you should contact the attorneys at Friedman, Rodman & Frank. The Florida playground injury attorneys at our office can help you determine your rights and pursue all available remedies. These cases often involve various challenges because of special procedural and evidentiary rules applicable to these landowners and operators. However, our attorneys are skilled at handling and overcoming these barriers to recovery. Our clients regularly recover substantial awards for the injuries that they sustained as a result of another’s negligence. Compensation often includes payments for medical expenses, ongoing medical treatment, property damage, and pain and suffering. Contact the attorneys at our office to discuss your case by calling 877-448-8585.

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