Posted On: April 5, 2009 by Greenberg & Rudman

CHILD AND SISTER AWARDED MILLIONS IN PLAYGROUND INJURY CASE—CALL SAN JOSE PERSONAL INJURY ATTORNEYS NOW (Part 1 of 2)

Often when parents take their children to playgrounds or play areas, there is the expectancy that the parents are responsible for their own children’s safety. For example, if the child decides to go head first down a slide and as a result, injures himself, the parents could not sue the playground’s owner for their child’s injuries. However, there is an expectancy that playground owners or builders (sometimes the local government when the playgrounds are built in a city park) have built and maintained the playground to a certain standard. If there are obvious problematic areas, such as loose nuts and bolts, or poor building, then the owners may have liability if a child is hurt on the playground.

In March, 2009, a twelve year old boy in Temecula, California, was awarded $20 million in a settlement against a large fast food franchise, the restaurant franchisee and the playground manufacturer. The boy, Jacob Buckett, was injured in 2005 when he was playing on the playground in the fast food restaurant. There was only tile underneath the playground instead of rubber padding. Jacob suffered brain damage and damage to his lungs after he fell off of the monkey bars of the playground. The fast food franchise claimed that it should have been his father’s responsibility to make sure that Jacob was safe. However, Jacob’s attorney argued that there had been no warning signs in the playground, and that when parents take their children to an established playground, they have a reasonable expectation of safety. Jacob is still undergoing rehabilitation for his injures and has significant brain damage. His sister was also awarded money in the settlement for negligent infliction of emotional distress. As part of the settlement, Jacob and his family have agreed not to disclose the name of the fast food establishment.

San%20Jose.jpg Having an injured child is incredibly trying and traumatic. The attorneys at Greenberg & Rudman LLP may be able to help. We do not have the power to undo an injury or bring back a loved one, but we can help you seek compensation. We advance all costs and expenses related to your case and we do not recoup these costs unless we collect money for you. Greenberg & Rudman LLP has collected over $150 million in trial verdicts and settlements for our clients. Call us now at 1-800-252-9776 (1-800-ALAWPRO) for a free consultation. Go to our website, www.alawpro.com to read more about premises liability, and brain injuries.

Would you like to read more about negligence cases involving children? Then please go to Part 2: CHILDHOOD INJURIES MAY BE RESULT OF NEGLIGENT CHILDCARE PROVIDERS—CALL BAY AREA PERSONAL INJURY ATTORNEYS NOW (Part 2 of 2)