Playground Injury Lawyer in Massachusetts

Playground Injuries in Massachusetts

Playgrounds are among the most common settings for childhood injuries, and many of these injuries are caused by defective equipment, inadequate maintenance, improper installation, or surface conditions that fail to meet safety standards. When a child is injured on a playground because of a condition that a reasonable operator or equipment manufacturer should have addressed, Massachusetts law provides a path to compensation. Attorney Jeffrey C. Lavey represents children and families in playground injury cases throughout Massachusetts.

Who Is Responsible for Playground Injuries

Responsibility for a playground injury depends on the specific cause. The playground operator, a school, municipality, apartment complex, homeowners association, or commercial facility, bears a duty to maintain the playground equipment and surface in safe condition and to conduct regular inspections. The equipment manufacturer may be liable if a design or manufacturing defect caused the injury. The installer may be liable if improper installation created a hazard. Attorney Lavey investigates all potentially responsible parties in every playground injury case.

Common Causes of Playground Injuries

• Defective or broken equipment including cracked or separated components, sharp edges, and pinch points
• Equipment installed with improper spacing or at heights that exceed safety guidelines
• Inadequate fall surface: improper material, insufficient depth, or failure to maintain required coverage area
• Equipment not designed for the age group using it
• Structural failures including equipment that collapses or detaches during use
• Entrapment hazards including openings that can trap children’s heads or limbs

CPSC Standards and Manufacturer Liability

The Consumer Product Safety Commission (CPSC) publishes Handbook for Public Playground Safety establishing guidelines for equipment design, installation, and maintenance. ASTM International publishes additional playground safety standards. Manufacturers who design equipment that does not meet these standards, and playground operators who fail to follow them in installation and maintenance, may be held liable for injuries that result from the failure to comply. Attorney Lavey evaluates playground equipment against applicable safety standards in every playground injury case.

Extended Time Limits for Children’s Claims

Massachusetts law provides that personal injury claims on behalf of minors generally do not begin to run until the child reaches age 18, giving the child until age 21 to file. However, if the playground is operated by a government entity, a public school or municipality, the Tort Claims Act presentment requirement may apply immediately, regardless of the child’s age. Attorney Lavey advises families promptly after any playground injury to ensure these deadlines are addressed correctly.

Frequently Asked Questions