不管你的孩子是在休息时间玩耍还是在附近的公园玩耍, you assume that all playground equipment is safe and free of dangers. Children are prone to collecting bruises and scrapes on the playground, but they can also suffer serious injuries when playing on dangerous equipment like swings, teeter-totters, and see-saws. If poorly designed, broken, 或不正确安装, 一件操场设备可能引起严重事故.
家长应该能够信任学区, park officials, 和产品制造商保护儿童免受危险, 但当他们因疏忽而失败时, 他们应该被追究责任. 如果你的孩子在游乐场事故中受伤, you may be able to file a personal injury claim on their behalf to recover compensation. The Husband and Wife Law Team can provide the strong legal guidance you need during this difficult time. Contact us today at (602) 457-6222 to get a free case evaluation with a Phoenix playground accident attorney.
游乐场的设备是为了让孩子们玩得开心而设计的, get some exercise, 燃烧掉一些额外的能量. 然而，有几个潜在的危险可以导致严重的 child injuries 如果设计或安装不当.
For one, 操场上的设备可能在外面放上好几年, 面对凤凰城的恶劣天气. 随着时间的推移，部件可能会损坏、生锈或堵塞. 这不仅会导致严重的割伤和感染, 但是，当孩子使用设备时，设备可能会散架. For example, 如果有孩子在秋千上时，秋千的链条断裂, 他们可能会从至少10英尺的高处坠落，但仍能维持 多发性骨折, a spinal cord injury, or brain damage.
Playground equipment also has dangerous pinch points where heavy and strong pieces of equipment connect together and move. If manufacturers do not use guards or design the equipment properly, it possible for a child to get caught in a pinch point and suffer severe crush injuries.
Other ways playground equipment can cause catastrophic injuries include:
- Tripping hazards
- Sharp edges
- Too much space between bars, rungs, nets, and rails, which can cause entrapments
- 不适合年龄的操场设备 daycares or schools
操场上的事故会造成严重的创伤, 从骨折到脊髓损伤再到大脑损伤. Treating these injuries could easily deplete your savings and leave you in deep medical debt, 但如果是另一方造成了你孩子的伤害, 你可以在人身伤害索赔中获得赔偿. This process requires determining who had a duty to protect your child from harm and if they acted negligently.
在操场上的事故, liability can rest on either product manufacturers or property owners, 比如学区或公园管理者.
产品制造商被要求开发安全, 适合房主年龄的设备, schools, and parks. Manufacturing a piece of equipment that is defective or unsafe for children can result in serious injuries and make them liable after an accident. 制造商还必须警告父母, school districts, and park officials of any dangerous components or actions that can contribute to an accident. If a product manufacturer sold a playground equipment with a defective design, 他们可以在一个 产品责任索赔.
In turn, property owners are expected to follow all safety procedures when installing new playground equipment and must regularly inspect and maintain them to prevent serious injuries. 如果学校或公园管理人员意识到设备有缺陷, 他们应该把它堵上，直到修好为止. Property owners can also be found liable if they should have been aware of the danger, 例如定期检查公园或游乐区是否有缺陷. Allowing a child to use defective or broken playground equipment can make a property owner liable in a 前提责任索赔.
The process of recovering compensation for a child differs from filing a claim for an adult. Normally, accident victims only have up to two years to file an injury claim against a negligent party, 但这条规则对孩子来说是不同的. The statute of limitations for children is extended until two years after they turn 18 years old, 让你的孩子在20岁生日之前提出索赔. However, parents should still talk to an attorney as soon as possible to ensure evidence does not spoil or go missing. 这个扩展也不适用于政府机构, 要求在受伤后180天内发出索赔通知.
Another important aspect of a claim is the requirement to assign a guardian ad litem. Children cannot file injury claims on their own or agree to settlement offers, which is why courts require an adult be named a guardian ad litem to represent a child. 诉讼时，父母中的任何一方都可以担任监护人, 也是一位祖父母, adult sibling, 或其他有责任心的成年人.
Lastly, compensation for child injury claims is distributed differently than other claims. 在索赔完成后, any settlement or jury verdict must be approved by a judge to ensure it is fair for the child. Once approved, compensation will be distributed to eligible parties.
首先，覆盖所有医院和医生的医疗留置权. 然后你的律师会收到他们的报酬 contingency fee, which ensures that you do not have to pay any upfront fees during a claim and that your attorney only gets paid if you win. After that, 你将得到任何现金支出的补偿, such as medical treatment and lost wages from taking time off work to take care of your child.
Lastly, any remaining funds for your child will be placed in a trust until they turn 18 years old. This trust will accrue interest and can only be accessed with court-approval. This ensures that your child receives proper compensation for all pain and suffering they have experienced due to the playground accident.
The process of recovering compensation for a playground accident requires the skills and expertise of a dedicated 菲尼克斯人身伤害律师. We at The Husband and Wife Law Team are parents ourselves and understand how distressing it is to see your child injured. 我们以慈悲和耐心对待每一个病例. We will take the time to sit down with you and your family in a free consultation to talk about what happened. Then, 如果你选择雇佣我们, we will use our legal knowledge to investigate your case and advocate for full compensation on your behalf. 今天打电话给我们(602)457-6222开始你的案子.
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