Public parks are a wonderful way for kids to have a blast and appreciate the outdoors. However, as with any physical activity, there’s always a chance of injury. In the unfortunate event that your child does get hurt while playing, it’s important to know what to do next. If your child is injured at a public park, here is a rundown of what your options are and who may be liable for the injury. 

Premises Liability

Premises liability refers to the legal responsibility property owners have to maintain a safe environment for those on their property. In the case of public parks, the city or municipality that owns the park is responsible for ensuring that the park is safe for the community. If a child is injured at a public park, the city or municipality may be liable for the injury if they fail to maintain a safe environment.

However, before thinking about making a claim, it is also important to note that Georgia has a statute of limitations for personal injury claims. This means that you have a limited time to file a claim. In Georgia, the statute of limitations for personal injury claims is two years from the date of the injury. If you miss this deadline, you may lose your right to seek compensation for your child’s injuries.

Proving Liability

Several factors must be considered to hold the city or municipality liable for a child’s injury at a public park. These include:

• The cause of the injury: Was the injury caused by a defective or poorly maintained piece of equipment, a dangerous condition on the property, or the negligent actions of another person?
• Notice: Did the city or municipality give notice of the dangerous condition, or should they have known about it through reasonable inspection?
• Reasonable care: Did the city or municipality take reasonable steps to correct the dangerous condition or warn visitors of the danger?

Suppose the city or municipality fails to take reasonable steps to prevent injury. In that case, they may be liable for the child’s damages, including medical expenses, pain and suffering, and any other damages relating to the accident.

Governmental Immunity

Sometimes, the city or municipality may claim governmental immunity, making it more challenging to hold them liable for a child’s injury. Governmental immunity is a legal doctrine that protects government entities from certain types of lawsuits.

In Georgia, the doctrine of sovereign immunity generally protects government entities from legal action, but there are some limited exceptions where individuals may still bring a lawsuit. However, the state has waived sovereign immunity for certain types of claims, including claims for personal injury caused by a dangerous condition on public property. If a child is injured and you want to hold a city or municipality responsible, it’s important to work with an experienced attorney who knows how to navigate the complicated legal system of governmental immunity. 

Steps to Take

If your child is injured at a public park, there are several steps you should take to protect their rights and ensure that they receive the appropriate medical care:

 

• Seek medical attention immediately: Your child’s health and well-being are the most important things to consider. Seek medical attention immediately, even if the injury seems minor.
• Document the accident: Take photos of the area where the injury occurred, any equipment involved, and any visible injuries your child sustained. Collect contact information from any witnesses who saw the accident happen.
• Report the injury: Contact the appropriate authorities to report the injury, such as park personnel or law enforcement.
• Contact an attorney: An experienced personal injury attorney can help you determine who is liable for your child’s injury and pursue the compensation your child deserves.

 

An attorney can help you gather evidence like witness statements, photos of the scene, and medical records to support your claim. They can also help you negotiate with the city or county’s insurance company to reach a settlement that covers your child’s medical expenses, pain and suffering, and any other damages related to the injury.

In most cases, you may be able to bring a claim on behalf of your child if they are too young to do so themselves. A child under the age of 18 cannot file a lawsuit in Georgia, but a parent or legal guardian can bring a claim. This is known as a “next friend” lawsuit, allowing the parent or guardian to represent the child in court.

If your child gets hurt at a public park, it can be a very upsetting and stressful time for both you and your child. However, there are legal options available to help you hold the responsible parties accountable and ensure that your child receives the maximum amount of compensation. At The Nick Schnyder Law Firm, our attorneys have experience handling all kinds of personal injury claims and are prepared to help you navigate through the whole legal process. Contact us today to schedule a free consultation.