If your child is injured at a business owned playground, such as a play structure inside of a restaurant or at a child-focused center, here are three things that you are going to want to take into consideration when deciding if you want to pursue a personal injury claim.
One of the first things that you need to look into is what type of signage was present at the playground. For example, some indoor playgrounds that are provided as parts of restaurants' play areas, specifically have signs up that state that your child may use the premise at their own risk and that no supervision is provided.
Before you go forward with a lawsuit, make sure that you go back yourself or send someone else back to document what type of signage was present. Then, discuss this signage with an attorney to determine if the signage would prevent you from moving forward with a personal injury case.
#2 Equipment Condition
The second thing that you need to consider is the condition of the equipment. Even if the business claims that your child can play at their own risk and that they will not provide supervision, they are still obligated to provide safe play equipment and take reasonable care to ensure that the children who use their equipment are safe.
That means that even if they have warning sings in place, they are still responsible for providing safe equipment. Be sure to take pictures of the equipment to document the state that it is in. If the injury is serious, call the police and have them take a statement from you. This information will be useful when you try to get compensation down the line.
#3 Insurance Company
Finally, make sure that you get the business's insurance information. This is who you and your attorney will deal with and work together with in order to reach a settlement without taking the case to court. Hopefully, the business's liability insurance will cover whatever happened to your child and more than compensate them for their medical bills and expenses.
If your child's bills fall within their insurance limits, there is a good chance that they will just pay out the claim if you and your personal injury attorney have all of your information together. However, if that doesn't happen, you will be taking the insurance company that the business uses to court in order to force a settlement.