Children are our world. When they are injured in an accident––something that could have been prevented but for the negligence of someone else––it can be pretty devastating. No one wants that to happen, but if it does, you deserve compensation to help your child recover as quickly as they can.
At LemmoLaw, our child injury lawyer in NY is here to provide support when needed and strong representation. We know your first priority is your child, and so we take these matters seriously. Contact us online or at 16465229082 to schedule a Free Consultation . We will discuss your case and outline your best legal options.
Common Child Injury Cases in NY
Unfortunately, there are many ways for a child to become injured. There are a few main categories of child injuries that tend to occur more frequently than others.
It is probably no surprise that auto accidents are one of the most common ways for children to become injured. Younger children are at higher risk for sustaining an injury in a car accident, which is why car seats are required by law for children under a certain age or size. On the other hand, children are at risk of being injured without so much as a seatbelt to protect them if they are riding on a school bus.
Teenage drivers have less experience than adults and may be more likely to be involved in a car accident. In these situations, insurance companies may try to take a statement from a teen driver before they have the chance to speak with an attorney. Always try to speak to a personal injury attorney first.
Broadly speaking, premises liability is a field of personal injury law involving injuries sustained on the property of another because of the owner's failure to maintain their property in a safe way. When it comes to accidents involving children, a property owner may face legal liability if they have an unfenced pool, for example, even though they are aware that children are using their property.
Lemmo Law REPRESENTS CHILDREN INJURED IN PLAYGROUND ACCIDENTS
AN INJURY TO A CHILD IN A PLAYGROUND IS SERIOUS
Loco Parentis is a phrase which means that a teacher or playground supervisor in camp or school takes the place of a parent. " We send our children to school or day care only to receive the news that our child was injured. Statistics show that Playground injuries are a leading cause of accidental injury to children. Playgrounds are often dangerous for children because of design errors, negligent supervision , improper warnings, or inadequate maintenance of playground equipment or safety surfaces , or Our New York City playground injury lawyers have handled numerous personal injury cases involving injuries to children on public playgrounds and at school yards and our attorneys know that if the playground is safe, more often than not, the child will not get hurt.
At LEMMO LAW, we take our role as playground accident lawyers seriously and have experience in representing parents whose children were injured on a playground because the playground was dangerous. Lemmo Law 's injury attorneys know what to look for and how to prove the case. An early investigation is important to proving a case, so if your child was hurt, take pictures of everything and call our playground accident lawyers. Our NYC playground injury attorneys employ investigators who can get out to a playground, to preserve the conditions at the time of the accident and take photographs and measurements. The school, playground or day care where your child was injured will not voluntarily admit that the accident was their fault, but often these injuries are caused by the negligence of the school or property owner. A few examples of the most common negligence our New York accident lawyers see are unsafe fall surfaces, children utilizing playground equipment that is not age appropriate, broken or uneven asphalt and negligence in supervision.
NEW YORK LAW ON PLAYGROUND SAFETY
Under New York law, landowners that have playgrounds are required to install and maintain their park and playground facilities in a reasonably safe condition. This includes schools, New York City parks and day care/pre-school facilities. To make sure that playgrounds in New York State meet certain minimum safety standards, New York's legislature enacted New York General Business Law § 399-dd states, in pertinent part, that the Department of State shall promulgate rules and regulations for the design, installation, inspection, and maintenance of playgrounds and playground equipment, which shall substantially comply with the guidelines and criteria contained in the Handbook for Public Playground Safety produced by the United States Consumer Products Safety Commission. Thereafter, the U.S. Consumer Product Safety's Handbook for Public Playground safety was adopted as the standard with the passage of 21 NYCRR § 4605.2. So the first step in any playground accident investigation is to see if there was a violation of the standards in they Handbook for Playground Safety.
In addition, the ASTM F1292 involves the lack of shock absorbing quality of safety surface below monkey bars or playground equipment.
Most industry regulations require inspections of playground equipment by a qualified inspector, with mechanical knowledge to ensure that the equipment is properly maintained for the safety of the children who play on the equipment. Our Manhattan playground accident lawyers know that a proper preventive maintenance protocol is an essential safety practice to prevent playground injuries.
According to the Consumer Product Safety Commission, each year, more than 200,000 children ages 14 and younger go to U.S. hospital emergency departments with injuries associated with playground equipment. More than 20,000 of these children are treated for a traumatic brain injury,
Lack of Playground Supervision Issues :
1 Ratio of students to teachers or counselors (which are not sufficient )
2. Lack of active supervision
2. Behavior of students
3. Presence or absence of rules or training to playground equipment and rules ;
TYPES OF PLAYGROUND ACCIDENTS
BROKEN CONCRETE CASES
Children run, ride on their bicycles on playgrounds and other recreational areas. If your child tripped and fell,or skateboard got caught because of broken pavement or a pothole, then you may have a lawsuit for your child's injury. Our NYC accident lawyers know that walking surfaces should be safe for children to be children. In order to prove a case of a pothole there must be prior written notice to the City of New York in order to prove a case of negligent.
Routine inspections of playgrounds are required by good and accepted practices, and if the city ignores broken pavement on playgrounds or other recreation areas. If your child was hurt on a playground or recreation area because of broken pavement, call l Lemmo Law , NYC playground injury lawyers.
Children fall off of playground equipment and monkey bars and slides are some of the most common playground equipment involved in falls. Children falling on a playground is foreseeable , by ensuring that the surfacing around playground equipment have the capability to absorb and displace the force of a fall which lessens the severity of an injury. One of the most common features utilized for playground surfacing is engineered wood fibers, also called wood chips or black matting . Injuries to children can be caused by an inadequate depth of woodchips. Section 18.104.22.168 of The Handbook for Public Playground Safety sets the standard for the minimum wood chip depth as nine inches. If your child was injured in a playground fall and there was less then nine inches of wood chips, call our playground injury attorneys. In addition, inadequate safety surface under monkey bars can enhance an injury.
Lack of Maintenance
An inadequate maintenance protocol can allow a playground to fall into disrepair, which is dangerous for a child. Lack of adequate inspection and poor maintenance can allow metal parts of equipment to rust, peel and become uneven. These types of conditions can cause a child to get cut, gashed or fall while they are running and playing. Playground surfaces are supposed to be safe and have proper coating so that children playing in a playground do not get hurt.
THINGS TO KNOW ABOUT CHILDREN'S PLAYGROUND ACCIDENTS
For any playground operated by New York City, a notice of claim, must be filed with the City of New York, within 90 days of the accident. Failure to comply with the statute of limitations can bar your claim.
WHAT HAPPENS AFTER I FILE A NOTICE OF CLAIM
After you file a notice of claim, the City has the right to a hearing, where they ask you questions about the accident and your child's injuries. Our attorneys will prepare you for this, so you know what to expect. In New York City the statute of limitations against the City of NY and NYC Department of Parks and Recreation is 1 year and 90 days from the date of the accident.
Who sues ? The parent or the child
Since a child under 18 cannot sue the parent sues as the mother or father and natural guardian .
DO I NEED A LAWYER ?
In addition to making sure that the notice of claim is timely filed, to prove a case, you need evidence that the City was negligent. Photographs of the condition that caused the injury and contemporaneous measurements by an expert or investigator are usually the best evidence of how an accident happened. If you let time go by, the City may fix the problem and you may lose the evidence of how the accident happened.
Common injuries to children include:
- Birth injuries
- fractured arms or legs
- Dog bites
- Brain injuries
- Burn injuries
- Broken bones
- Orthopedic injuries
- Structural injuries
Contact Lemmo Law your NYC Child Injury Lawyer
If your child was injured and you are considering filing a claim, you should speak to an attorney who understands the unique aspects of child injuries. At Lemmo Law, we have represented children who have been injured. Call 16465229082 to schedule a Free Consultation today.