Playground Injuries

Playgrounds are meant to be spaces where children can play, learn, and grow. Unfortunately, every year thousands of children are seriously injured while using playground equipment, many of them in preventable accidents. Whether on school grounds, public parks, or at daycares, playground injuries are often the result of negligent supervision, defective equipment, poor maintenance, or violations of safety regulations. At The Law Offices of John Day, P.C., we represent children and their families in Nashville, Davidson County, Brentwood, Murfreesboro, and throughout Middle Tennessee who have suffered as a result of unsafe playground conditions.

Our legal team understands how devastating it can be when a child is injured during what should have been a safe and joyful experience. We work with families to hold responsible parties accountable and to secure compensation that supports both the short- and long-term needs of injured children. If your child has been hurt on a playground, contact our office at (615) 742-4880 for a free consultation.

Legal Duties of Schools, Municipalities, and Private Property Owners

Tennessee law imposes a duty of care on those responsible for maintaining property that is open to children. That duty includes keeping playground equipment in safe working order, regularly inspecting for hazards, repairing known defects, and providing appropriate supervision when children are invited to use the premises. This legal responsibility is governed by Tennessee’s general premises liability laws, which hold property owners and operators liable when their failure to maintain safe conditions results in injury.

Public schools and municipalities may be subject to the Tennessee Governmental Tort Liability Act (TGTLA) when their employees act negligently in the care, maintenance, or supervision of public playgrounds. Claims against governmental entities must be filed according to strict timelines and procedural rules, including a one-year statute of limitations under T.C.A. § 29-20-305(b). It is essential to consult with an attorney promptly to ensure your claim complies with all notice requirements.

In cases involving daycares, Tennessee law imposes additional duties. Licensed childcare facilities must comply with safety regulations that include playground design, fall surface requirements, age-appropriate equipment, and supervision protocols. Violations of these rules may constitute negligence per se, which means the breach of a safety regulation may automatically satisfy the legal requirement to prove negligence.

Common Causes of Playground Injuries

Many playground injuries occur when a child falls from improperly maintained equipment. Loose bolts, rusted metal, broken platforms, or worn-out swing chains can all cause serious accidents. Other hazards include inadequate surfacing materials, such as compacted dirt, concrete, or worn-away mulch that fails to cushion a child’s fall. Under national safety standards recommended by the U.S. Consumer Product Safety Commission and ASTM International, appropriate surfacing materials such as engineered wood fiber, rubber mats, or sand should be maintained at appropriate depth levels to reduce injury severity.

Lack of supervision is another common contributing factor. Schools, daycares, and camps are required to monitor children closely, especially during active play. When caregivers or staff fail to intervene to prevent roughhousing, dangerous behavior, or misuse of equipment, preventable injuries may occur.

Improper equipment installation is also a key issue. Slides that are too steep or unstable, climbing structures placed too close together, or improperly secured seesaws may create serious hazards. When equipment does not meet safety guidelines or is installed without compliance to spacing and fall zone recommendations, liability may rest with the manufacturer, installer, or property owner.

Additionally, some playgrounds are not adequately maintained over time. Broken fences, sharp edges, exposed concrete, insect nests, or debris can lead to injuries ranging from minor cuts to severe infections or concussions.

Types of Injuries and Long-Term Impacts

Playground injuries can range from minor scrapes to life-threatening trauma. Among the most common injuries are fractures, often of the wrist, arm, or collarbone, sustained from falls. Head injuries are especially concerning and may involve concussions, skull fractures, or traumatic brain injuries, which can affect a child’s cognitive development and behavior for years to come.

Spinal cord injuries, though less common, can result from falls from significant heights or from impact with protruding objects. Dislocations, torn ligaments, and soft tissue injuries are also frequently seen. Cuts from sharp equipment, entrapment injuries from slides or rails, and even strangulation incidents involving faulty swings or ropes have been documented in Tennessee and nationally.

In some cases, a child may develop post-traumatic stress, anxiety, or fear associated with playground activity. Recovery may involve both physical rehabilitation and psychological counseling, and the child may require academic accommodations, mobility assistance, or long-term medical follow-up.

At The Law Offices of John Day, P.C., we help families assess the full impact of these injuries, including the immediate medical costs and long-term implications for education, health, and quality of life.

Who May Be Liable for a Playground Injury

Liability for playground injuries depends on the circumstances surrounding the incident and the location where the injury occurred. If the playground is on school property, the school district or municipality may be liable for negligent supervision, unsafe equipment, or failure to maintain a safe environment. Claims against public schools and city governments are subject to the limitations of the TGTLA, which may include caps on damages and a prohibition on punitive damages.

If the injury occurred at a private daycare or church-operated facility, the organization may be sued directly under standard premises liability or child care regulations found in T.C.A. § 71-3-509 and associated Department of Human Services rules. These rules require providers to conduct daily inspections of playground areas and to ensure children are constantly supervised while outside.

In cases where defective equipment is to blame, the manufacturer, distributor, or installer may be held responsible under Tennessee’s Product Liability Act, codified in T.C.A. § 29-28-101 et seq. Claims may arise from manufacturing defects, design flaws, or failure to provide adequate warnings and safety instructions.

Sometimes, liability may be shared. For example, if a daycare fails to supervise children using a climbing structure that was improperly installed by a contractor, both the facility and the contractor may bear responsibility. Tennessee’s comparative fault system allows multiple parties to be held liable in proportion to their contribution to the injury.

Proving Negligence in Playground Injury Cases

To prevail in a personal injury claim for a playground injury, the plaintiff must prove that the responsible party owed a duty of care, breached that duty, and caused injury as a result. In many cases, this involves demonstrating that the property owner knew or should have known of the hazardous condition and failed to take corrective action.

In cases involving child injury, courts apply a higher standard of care. The law recognizes that children are less capable of perceiving and avoiding risks, and property owners are expected to anticipate that children will behave in ways that increase their exposure to danger. This is especially true under the doctrine of attractive nuisance, which applies when a property contains a feature, like playground equipment, that is likely to attract children and requires extra precautions.

If the facility or city violated a safety regulation or standard, such as failing to maintain surfacing depth, neglecting equipment repairs, or ignoring required supervision ratios, this may support a finding of negligence per se. Our attorneys gather maintenance logs, inspection records, photographs, incident reports, and expert testimony to build a compelling case for liability.

Recoverable Damages in Playground Injury Cases

Injured children and their families may be entitled to a wide range of damages under Tennessee law. These include payment for medical expenses, rehabilitation services, mental health care, and any assistive devices needed for mobility or communication. If the injury results in a long-term disability or impacts the child’s future ability to earn a living, additional compensation may be available for loss of earning capacity.

Non-economic damages may include pain and suffering, emotional distress, disfigurement, and loss of enjoyment of life. These damages recognize not only the physical harm but also the psychological impact that a traumatic injury can have on a child’s well-being and development.

Parents may also recover for medical costs they personally incurred and for lost wages if they had to miss work to care for the injured child. In cases of gross negligence or reckless conduct, punitive damages may be considered under T.C.A. § 29-39-104 to deter future misconduct.

What to Do After a Playground Injury

If your child is injured on a playground, the first step is to seek immediate medical care. Ask the doctor to document all injuries and provide a written assessment. Take photographs of the injuries and, if possible, the playground equipment and surrounding area.

Report the incident to the property owner or responsible organization. Request a copy of any internal report they prepare. If the playground is public, contact the appropriate municipal department or school district to report the hazard. Keep records of all communications, including emails, letters, and call logs.

Do not agree to any settlement or sign liability waivers without first speaking to a qualified attorney. Some facilities or insurance companies may offer low settlements in an attempt to avoid legal responsibility. An experienced attorney can evaluate your child’s injuries and protect your rights.

Why Choose The Law Offices of John Day, P.C.

Our legal team has decades of experience handling child injury and premises liability cases across Tennessee. With offices in Brentwood, Nashville, and Murfreesboro, we are well-positioned to serve families throughout Davidson County and Middle Tennessee. We understand the urgency and emotional weight of child injury cases, and we are committed to delivering results with compassion, attention to detail, and the full weight of our legal experience.

We take playground injury cases on a contingency fee basis, meaning you pay no attorney’s fees unless we recover compensation for your family. We also advance all case expenses. Our team includes a full-time nurse and partners with pediatric specialists, safety engineers, and economic experts to ensure that each claim reflects the true scope of harm and the full value of your child’s recovery.

Contact Us Today

If your child has been injured on a playground due to unsafe conditions, inadequate supervision, or defective equipment, contact The Law Offices of John Day, P.C. at (615) 742-4880 today. We offer free consultations and are ready to help you understand your legal rights and options. From our offices in Nashville, Brentwood, and Murfreesboro, we proudly serve families throughout Middle Tennessee in their pursuit of accountability, safety, and justice.