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Playground and Park Liability

In Florida, between 2001 and 2008 an average of 218,851 preschool and elementary school aged children received emergency care for playground related injuries.  Approximately 51% of those injuries happened on public playground equipment.  Unfortunately, 40 deaths were associated with playground equipment.  When a child is injured or killed due to a playground equipment injury, a cause of action may result.  A municipality may be 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.

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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 All material contained in this site is for informational purposes only and is not meant to take the place of a licensed lawyer. Attempting to use this material to help yourself may result in irreparable harm to your case. Please consult a License Florida lawyer for help. Examples including case law, rules of procedure and satutory law are for demonstrative purposes and may not be Florida Specific. No attorney client relationship is formed unless we accept your case and you sign a contract.
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