Child Injury Lawyer for Playground, Park, and Pool Accidents

Did your child get hurt at a playground, park, or pool? Was it due to someone else’s misconduct? If so,
contact Bivona Law immediately to discuss your available options. You might be entitled to
compensation.

Children often enjoy playing with their family and friends at parks, pools, and playgrounds. A fun day of
recreational activity can lead to traumatic accidents if the property owner doesn’t maintain a safe
environment for their guests.

Property owners and other parties can be liable for a child’s injury if they’re responsible for dangerous
conditions. As your child’s parent or legal guardian, it is your right to pursue legal action on their behalf.
Bivona Law is ready to help you get your son or daughter the justice they deserve. Call us at
832.835.6491 for a free consultation to discuss your case.

A Property Owner’s Duties to Invitees

Premises liability refers to a property owner’s liability for accidents and injuries occurring on their
property. A swimming pool, playground, or park owner must keep visitors safe while they’re on the
premises.

A property owner’s duties depend on the classification of a visitor. An invitee enters land with the
owner’s permission or knowledge for each party’s mutual benefit. Property owners owe invitees a duty
of care. That means they must address or provide adequate warning of dangerous conditions they know
about or could have discovered by inspecting the property.

Although trespassing is illegal, property owners owe a specific duty to trespassers. They must not cause
injuries through gross negligence or willful or wanton actions.

A property owner can be liable for a child trespasser’s injury under the attractive nuisance doctrine. This
doctrine assumes that a child cannot distinguish between safe and dangerous parts of a property.
Owners must prevent young children from accessing potential hazards, such as:

•  Wells
•  Pools
•  Scaffolding
•  Rooftops
•  Ladders
• Fountains
• Outdoor equipment

An essential element of an attractive nuisance claim is age. The trespasser must be young enough not to
understand the dangers associated with something on the property. For example, four-year-olds don’t
understand the risk of jumping into a pool at night. The owner must prevent kids from getting near it by
installing a fence or enclosure.

Common Causes of Accidents at Playgrounds, Pools, and Parks

Accidents can occur at pools, playgrounds, and parks for numerous reasons. Below are the most
common causes of child injuries in these locations.

Amusement and Water Parks

Public parks contain hazards you might not notice that can hurt your child. Accidents commonly result
from negligence, such as:

• Poorly maintained surfaces, such as cracks in sidewalks and other tripping hazards
• Mechanical issues causing rides to malfunction
• Ride operator error
• Vehicle collisions due to missing signage
• Defective parts supplied by manufacturers
• Structural failure from corroded or worn-out parts
• Inadequate safety restraints that lead to ejection accidents
• Poorly designed rides

Playgrounds

Property owners must ensure playground equipment is sturdy and free of hazards. Children can get hurt
while playing if the owner doesn’t maintain the premises properly. Common causes of playground
accidents include:

• Missing or damaged safety devices on a swing set
• Broken glass in a sandbox
• Sharp edges on equipment
• Loose chains, ropes, and other materials
• Lack of fencing to prevent children from wandering into the street
• Missing steps on a ladder leading up to a slide
• Toxic paint and other chemicals used on the property
• Inadequate mulch or soft materials to cushion a child if they fall off the monkey bars
• Failing to place warning signs near known hazards

Swimming Pools

Various accidents can occur at public swimming pools. Children can slip on a wet spot, drown, or cut
their feet on cracked pavement. The most common causes of swimming pool injuries include:

• Missing fence or enclosure to keep kids out when the pool is closed
• Faded markings advising the depth of the pool
• Uncovered drains
• Failing to install slip-resistant surfaces
• Inexperienced lifeguards
• Lack of safety equipment
• Inadequate warnings regarding potential risks

Liability Waivers

Before children participate in group activities, and sometimes when they participate in activities with
their families, parents are often asked to sign a waiver of liability. These waivers must satisfy the
“express negligence doctrine to be enforceable.” This doctrine requires that waivers state clearly the
exact types of activities and claims the parent is waiving for the child. Another requirement of
enforceability is that the waiver is conspicuous. In Texas, courts have ruled that the waiver must be in
larger or conspicuous type and in a different color that draws the reader’s attention.
If the waiver does not meet these criteria, it may be invalid. If you signed a waiver and your child was
injured, you should talk to a child injury attorney to determine whether you can pursue compensation
for their accident-related injuries.

Compensation for Injuries at Pools, Playgrounds, and Parks

Since minors can’t pursue legal action, a parent or legal guardian can file a premises liability claim or
lawsuit on their behalf. You might recover compensation for:

• Your child’s physical impairment or disfigurement
• Medical bills from hospitalization, ambulance services, prescriptions, and other treatment
• Your child’s mental anguish from the accident
• Pain and suffering your child experienced due to the injury
• Lost earning capacity if a permanent disabling condition prevents your child from working later
  in life

Exemplary damages are also recoverable in lawsuits against property owners. You must provide clear
and convincing evidence that the defendant acted with fraud, malice, or gross negligence to be awarded
these damages.

Parents have control over the method of distributing a child’s compensation. The funds can go into a
court registry, where they will remain until the child turns 18. Setting up an annuity or a trust is also
possible to prevent the child from mismanaging their money. Typically, parents establish a schedule for
distributing the funds once the child is of legal age.

How Bivona Law Can Help with Your Case

At Bivona Law, we know how to handle premises liability cases efficiently and successfully. When you
hire us, we will take over and complete every step of the process, such as:

• Getting your child the treatment they need by locating doctors and facilities near you
• Preparing and sending a demand letter to the insurance company to negotiate a settlement
• Hiring experts to provide statements or testify in court to support the case
• Providing all medical providers with the proper insurance information for billing
• Confirming any existing liens and negotiating for lower balances
• Obtaining copies of all medical records and bills to use as evidence of the injury and resulting
  expenses
• Filing a lawsuit if settlement negotiations are unsuccessful during an insurance claim
• Determining a strategy to resolve the case favorably

Speak to an Experienced Child Injury Attorney Today

A day at a park, pool, or playground can endanger a child if the property owner doesn’t fulfill their legal
obligations to visitors. Owners can be liable for injuries if their actions contribute to dangerous
conditions.

Bivona Law can represent your child in a premises liability case and help pursue the maximum
compensation possible. If your child sustained injuries at a playground, park, or pool due to someone
else’s negligence, call us at 832.835.6491 for a free consultation with a child injury lawyer in Houston,
TX.