Understanding Liability When Play Turns Into Injury
Playgrounds are one of the most common places where children get injured during the school day. While bumps and bruises are part of growing up, serious injuries—like broken bones, concussions, or falls from equipment—raise real legal questions. In some cases, the school may be legally responsible. The key question is whether the injury could have been prevented if the school had taken reasonable care.
Below, our friends from Hayhurst Law PLLC discuss playground injuries at school and when the school may be responsible.
Schools Have A Duty To Supervise
All schools have a legal responsibility to provide adequate supervision during recess and outdoor play. This means staff should be watching students closely, intervening when rough play begins, and stopping children from using equipment in unsafe ways. If there was no staff member present or the adult was distracted, overburdened, or inattentive, the school may have failed in its duty of care.
Supervision matters, especially when young children are climbing, jumping, and running. If a teacher or aide was supposed to be monitoring a specific area and failed to do so, the school could be found negligent. The law does not expect perfection, but it does expect reasonable steps to prevent foreseeable harm.
Playground Equipment Must Be Safe
In addition to supervision, schools must make sure the playground itself is safe. That includes routine inspections, regular maintenance, and repairs when hazards are identified. Issues like broken slides, rusted bolts, sharp edges, or unsafe surfaces should be addressed immediately. If the school ignored complaints, failed to fix known problems, or used outdated or age-inappropriate equipment, it could be held legally responsible.
In some cases, playground injuries happen on equipment that doesn’t meet modern safety standards or has not been updated in decades. Schools can’t always fix everything overnight, but they are expected to take reasonable steps to reduce known risks.
Not Every Injury Means Legal Liability
The fact that a child was hurt on a playground does not automatically mean the school is at fault. Sometimes accidents happen even when everyone is doing their job. The question is whether the injury was preventable and whether the school took reasonable precautions. If a student misuses equipment in a completely unexpected way or acts in a way that could not have been predicted, the school may not be liable.
Public Schools And Immunity Rules
If your child attends a public school, special legal procedures may apply. Many states protect school districts with forms of governmental immunity. In those cases, parents may need to file a formal notice of claim within a short deadline—sometimes just 30 to 90 days after the injury. That deadline is strict, and missing it could prevent you from pursuing compensation entirely.
A Critical Next Step For Parents
Playground injuries can happen quickly, but the legal process takes time and evidence. If your child was seriously injured due to poor supervision, unsafe equipment, or a lack of proper maintenance, you may have a case. An experienced personal injury lawyer can help you understand your rights and hold the school accountable if they failed to protect your child from harm.