Child Injuries on a Playground: Who Is Liable?

Playgrounds should be places of fun, not fear. However, accidents can still happen, especially on school property or in private play areas, like those found at daycare centers or after-school programs. And when they do, many parents understandably ask: “If my kid gets hurt at school, who pays?”

The answer depends on several things, like where the injury happened, how it happened, and whether someone else was legally responsible. Read on to learn more about Pennsylvania playground injuries, who could be liable for them, and how our personal injury lawyers in Allentown can help.

5 Common Playground Injuries

Playgrounds are designed for children to build motor skills, explore physics, and learn social awareness. However, part of this learning process tends to involve minor injuries such as skinned knees, small bruises, and more. Occasionally, a child hurt at school may suffer more severe injuries. 

These can include the following:

1. Broken Bones

One of the most common playground injuries is a broken bone. These usually happen when a child falls off monkey bars, a slide, or climbing equipment. A fractured wrist or arm is especially common because kids instinctively reach out to catch themselves when they fall.

2. Head Injuries

Head injuries can be very serious, especially for younger children. These injuries can happen from falling off high structures or being struck by moving equipment like swings. Concussions are the most common head injuries on playgrounds. 

Traumatic brain injuries (TBIs) are also notorious for not showing symptoms right away. If your child falls and hits their head while playing, it’s important to take them to the doctor even if they aren’t acting hurt. It’s okay to leave the question of “If my kid gets hurt at school, who pays?” unanswered until your child’s immediate medical needs are taken care of.

3. Lacerations

While they may seem minor at first, deep cuts and lacerations can be serious. Children might get cut by sharp edges on broken equipment, exposed nails, or metal fences. If not treated quickly and effectively, these injuries can become infected and take even longer to heal.

4. Dislocations and Sprains

Dislocations and sprains often happen when kids jump from high places, twist their ankles running on uneven surfaces, or get tangled in play structures. While these injuries might not sound as scary as a head injury or broken bone, they can still lead to doctor visits, physical therapy, and missed school days.

5. Dental Injuries

Falling face-first off equipment or being hit by a swing can easily lead to a chipped, broken, or knocked-out tooth. These injuries can be incredibly painful and may keep your little one from eating or drinking properly, which is why they need to be addressed right away. Dental work can also be expensive, especially for young children who may need braces, crowns, or other long-term treatment.

Legal Responsibility for Playground Injuries

It’s normal for parents to ask “If my kid gets hurt at school, who pays?” Finding the answer starts with figuring out who was in charge of the playground at the time of the accident.

For example, if a child breaks their arm after falling off a loose ladder on a jungle gym, the school might be legally responsible for not maintaining the equipment if they knew it was unstable. Another case might involve a private homeowner who invited their child’s friends over, and one of them got hurt on old, rusty swings. In this case, the homeowner might be liable.

Legal responsibility is identified by looking at the facts: Where did the injury happen? Was the area maintained? Did someone know about a danger and fail to fix it? These questions help figure out if the injury was just an accident or if someone could have done something to prevent it.

Another consideration is governmental or sovereign immunity. Public schools are operated by the government, so they likely enjoy this protection from civil suits in any given situation. 

Is a Private School Liable for Injuries?

Schools and childcare centers have a duty to provide a safe environment for children, especially during playtime. That means they need to regularly inspect equipment, fix anything that’s broken, and supervise children appropriately. But that doesn’t mean private schools are automatically responsible for every accident that happens.

So, to answer questions like “If my kid gets hurt at school, who pays?” and “Can you sue a school if your child gets hurt?”, it depends on the situation. 

If the school did everything they could have reasonably expected, like maintaining safe equipment and watching the kids, then they may not be liable. However, if the injury happened because something was unsafe and preventable, the school could be held legally responsible.

Can You Sue a School for Negligence in PA?

Yes, in Pennsylvania, you can sue a school for negligence if they failed to provide a safe environment and that failure caused your child’s injury. Negligence is a legal concept that means someone didn’t take reasonable care to prevent harm.

Proving negligence involves these four things:

• The school had a duty to keep your child safe.
• They failed to meet that duty.
• That failure directly caused your child’s injury.
• The injury led to damages (like medical bills or pain and suffering).

If you’re wondering “Can I sue if my child gets hurt at daycare”, the state you’re in can affect this. So, in Pennsylvania, if the injury happened because the school was negligent, the private school (or its insurance provider) could be required to pay for medical expenses and more.

If My Kid Gets Hurt at School, Who Pays: The Cost of Medical Care

When a child is hurt on an Allentown playground, the first priority is getting them the medical care they need. However, once the dust settles, the medical bills start coming in — and they can add up fast. 

Ambulance rides, emergency room visits, X-rays, casts, follow-up appointments, and even physical therapy may be necessary. If the injury is serious, you could be looking at thousands of dollars in unexpected costs for emergency care.

That leads most parents to ask: “If my kid gets hurt at school, who pays?” In many cases, the answer depends on where the injury happened and whether someone else was legally responsible. If the injury occurred on private school grounds or a private play area with unsafe equipment, and the property owner failed to fix known hazards, then their insurance may cover the costs.

However, if no one accepts responsibility, the financial burden for a child injured at school could fall on your family. That’s why understanding your legal rights and acting fast can make a big difference in how these costs are handled.

5 Steps To Take After Your Child Is Injured on an Allentown Playground

If your child is injured on a playground in Allentown, especially at a private school or daycare, there are important steps you should take to protect their well-being and your legal rights.

These include the following:

• Get Medical Help Immediately. Your child’s health comes first. Even if their injuries seem minor, have them checked by a doctor, as this will start a paper trail of the damage the accident caused.
• Report the Incident. Notify school staff or property managers and make sure an incident report is filed.
• Document Everything. Take photos of the injury and the location. Note broken equipment or anything unsafe.
• Collect Witness Information. Get the names and contact info of anyone who saw what happened.
• Contact a personal injury lawyer in Allentown, PA. Legal guidance is invaluable when determining liability and seeking compensation. 

Naturally, parents ask “If my kid gets hurt at school, who pays?” Following these steps can help ensure the right people are held accountable (and not your wallet).

How To Seek Compensation for Playground Injuries

Once your child has been treated for their injury, you might start wondering how to get financial help with the medical bills, lost time from work, or emotional distress your family has gone through. This is where compensation comes in.

To seek compensation, you’ll usually start by filing a claim against the responsible party’s insurance. If your child was hurt on a private school playground or someone’s personal property, their liability insurance might cover the damages. A Pennsylvania personal injury lawyer can help gather evidence, communicate with insurance companies, and push for a fair settlement.

However, compensation isn’t just about paying hospital bills. It can also cover pain and suffering, future care needs, and even therapy if the injury has long-lasting effects. Seeking compensation ensures that the burden doesn’t fall on your family alone, especially if the injury was preventable.

If Your Child Was Injured at School, We Can Help

No parent should have to face playground injuries, a child injured at school, and rising medical bills alone. If you’ve been asking yourself “If my kid gets hurt at school, who pays?”, it’s time to get answers and real support.

Our law firm has served Pennsylvania families for over 50 years, recovering more than $1 billion in verdicts and settlements. We know how to handle complex cases involving private schools, personal property, and children’s injuries, and we’re ready to put that experience to work for you.

Let us help you understand your rights and fight for the compensation your family deserves. Schedule your free consultation in Allentown with one of our trusted personal injury lawyers today.