A municipality may be held liable to a plaintiff for injuries occurring to a child on a playground if the municipality fails to meet its required duty. Although a municipality is not an insurer of those who use public parks, the municipality's duty is to exercise due care under the circumstances. This duty does not impose strict liability upon the municipality, but rather imposes a duty to maintain its parks in a condition reasonably safe for public use. Therefore, a municipality has fulfilled its duty when the playground or park is free from danger as reasonably possible. Additionally, for a municipality to be liable for injury resulting from a defective condition in a park or playground, there must be either actual knowledge by the municipality or its employees of the alleged defective condition, or the condition must be so open and obvious and exist for such a length of time that the municipality should have known of it. For example, a city is liable for an injury to a child resulting from a falling tree caused by wind, due to a decay of the root structure, when the condition might be discovered by the exercise of reasonable care and repair.
If your child that has been injured on a playground or park due to the negligence of a muncipality, you should consult with an experienced West Palm Beach Child Injury Lawyer. The experienced and knowledgeable Florida Child Injury Lawyers of Sharmin & Sharmin P.A. will fight to recover for the injured child the compensation and justice he or she deserves. Our experienced team of lawyers and staff will use their skills and knowledge to give your family justice and peace of mind. You need an experienced West Palm Beach child injury lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.
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