There were 190,942 playground equipment injuries requiring emergency room treatment in 2023. And 43 playground equipment related deaths between 2014 and 2021 according to the nonprofit, World Against Toys Causing Harm (WATCH). (1)

Recalls include swing sets, seesaws, merry-go-rounds and climbers linked to risks such as fall, crushing, and entrapment hazards, according to the U.S. Consumer Product Safety Commission. (2)

Injuries sustained in playground accidents should not be taken lightly. If your child has been seriously hurt you may need the services of a personal injury attorney.

Playground Injuries

These are some of the injuries occurring on playgrounds: (3) (4) (5) (6)

Over 35.5% of playground-related injuries treated in emergency departments are fractures and 18% were contusions or abrasions. (7) While scrapes and bruises are very common and often are not considered serious, fractures can be.

The American Academy of Orthopaedic Surgeons warns, open fractures — where a bone fragment breaks the surface of the skin, allowing bacteria to get in — can lead to infection. “For this reason, early treatment for an open fracture focuses on preventing infection at the site of the injury.” (8)

However, much more serious injuries can and do occur. Some of the most serious injuries children suffer in playground accidents are head injuries; these can have lifelong consequences. One study found, “25,307 injuries were recorded, yielding an estimated 702,674 injuries occurring in the ten-year period.” (9)

The Children’s Safety Network found 55% of unintentional injuries resulted from falls over a three year period. Monkey-bars were among the top 5 leading activities causing non-fatal traumatic brain injury (TBI) emergency department visits for children ages 5-9. The equipment was involved in 3.4% of the visits. (10)

Likewise, up to 1.9 million U.S. children are treated for concussions annually. Most of these injuries are from recreational and sports related activities. (11)

If your child has suffered a playground injury, contact us for a free case evaluation.

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Deadly Injuries

Even more alarming is the fact playground accidents can be deadly. The U.S. Consumer Product Safety Commission (CPSC) indicates there were “an average of over 190,000 estimated emergency room-treated injuries annually from 2021-2023.” (12)

The CPSC explains, “Playground-related deaths… involved entanglement of ropes, leashes, bike helmets, or clothing with a drawstring… falls; and impact from equipment tip over or structural failure.” (13)

CPSC also reports, in a study of 1,775 playground equipment-related incidents (2009-2014), equipment-related hazards accounted for 38% of incidents resulting in injuries, while 29% of incidents were fall related. (14)

New York City Playgrounds

For New York City (NYC) children and their families, playground safety is a big concern.

In 2023, 2% of all settlements for personal injury claims filed against NYC were classified as Parks & Recreation type claims, says the Office of the NYC Comptroller. (15) The total amount paid out for Parks & Recreation personal injury claim settlements and judgements was $12.7 million. (16) That amount was in response to 229 injuries. (17)

The breakdown of injury claims, filed by borough, is: (18)

  • Brooklyn — 156.
  • Manhattan — 218.
  • Bronx — 464.
  • Queens — 111.
  • Staten Island — 109.

Children can suffer multiple injuries from a single piece of equipment. Injury claims occurred more frequently from using certain types of equipment: (19)

  • Climbing apparatuses, such as monkey bars — 36%
  • Slides — 20.9%.
  • Swings — 25.9%.

Equipment maintenance is a significant factor in injury incident trends. (20)

Causes of Playground Accidents

A better understanding of playground accidents means looking at what causes them.

Rusty or broken playground equipment is a good sign of poor maintenance, a factor in many playground accidents. Using such playground equipment can result in injuries.

However, there are other reasons accidents can happen. NYC cited these reasons for playground accident claims: (21) (22) (23)

  • Defective/broken surfaces/matting burns.
  • Improper playground design.
  • Insufficient maintenance of equipment, such as swings and slides.
  • Protruding nails and/or debris.

Additional causes of playground accidents include:

  • Absence of barriers or guardrails around elevated areas such as platforms.
  • Sharp points and edges on playground equipment.
  • Improper ground surfaces around playground equipment.
  • Inadequate spacing of rails, bars, rungs, or netting leading to head entrapment.
  • Overcrowded play areas where different pieces of playground equipment are placed too close together.
  • Inappropriate things in the play area, like tree stumps or rocks, tripping children.
  • Unsuitably designed playground equipment, lacking proper safety features and relevant age group needs.

Liability

If your child has been seriously injured in a playground accident, you can take legal action to hold the responsible parties liable.

Liability for playground accidents may fall on multiple parties:

  • Manufacturers of playground equipment.
  • Owners or maintenance workers taking care of the playground.
  • Individuals or groups responsible for providing supervision for the child who was injured.

Manufacturers of playground equipment may be held responsible for injuries sustained by a child due to defective design of equipment.

The owners of a playground and those responsible for the maintenance of the playground are obligated to ensure the equipment on their property is safe and well maintained. When the playground is a public playground, the city can be held accountable.

Anyone responsible for supervising children while they were on the playground may be liable. This includes schools, daycare, and child caregivers.

Was your child injured in a playground accident? Call us now for a free consultation.

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Premises Liability

Playground accident legal cases can fall under premises liability. Generally, premises liability holds property owners responsible when someone is hurt on their property. Premises liability law allows victims to make claims against a property owner who fails to adequately maintain their property or when there are unsafe conditions on the property. “The fundamental criterion for fault-based liability in tort law is the failure to take due care in the events leading to the accident.” (24)

For example, if the openings in climbing equipment are not spaced appropriately, your child’s head might become entrapped. This can lead to injury or strangulation.

If the owners of the playground know this is a problem and do not post warning signs, fix the problem, or replace the equipment, they could be held accountable for any child injured while playing.

In a lawsuit, you need to convince the court:

  • Your child’s presence on the property was lawful.
  • The owner knew of the hazardous condition and did not address it — make repairs, made inadequate or improper repairs, or failed to warn of the hazard through signs or by roping it off.
  • The owner’s negligence caused your child’s injuries.

Key to winning a premises liability case is the legal concept of negligence.

Negligence

By definition, negligence is “failure to behave with the level of care that a reasonable person would have exercised under the same circumstances. Either a person’s actions or omissions of actions can be found negligent.” (25)

To establish a case of negligence you must show the court: (26)

  • The existence of a “duty of care” was owed you by the owner of the property.
  • A breach of the duty occurred.
  • You suffered an injury.
  • The owner’s breach caused your injury.

Playground accident injury cases can be highly complex and having an attorney can be very beneficial to the outcome of your case.

Most public playgrounds in NYC are owned by the city. So, your attorney must file a “notice of claim” within 90 days of the accident — a preliminary step required when looking to sue the City of New York or any municipal agency/entity.

Next, there is an investigation of your claim by the city. It takes approximately 30 days and usually results in non-action on the city’s part. Then, you are free to file a lawsuit.

After the investigation, your attorney has one year to sue. Then, your attorney represents you in court.

Many accident cases are settled out of court. If that happens, your attorney negotiates a settlement.

What you can do immediately to help your lawsuit:

  • Get medical attention right after the accident. A visit to an emergency room provides vital documentation of injuries and expenses.
  • Take pictures of the accident site and injuries.
  • Get the names and contact information of any witnesses.
  • If a police officer is present at the scene, ask for the officer’s name and badge number.
  • Obtain a copy of any police reports.

How W&L Can Help

Weitz & Luxenberg is proud of our record of successes helping clients who have been seriously injured.

Some of the case outcomes we are proud of include:

  • When a zip line accident deprived a 15-year-old boy of his sight in one eye, W&L recovered $10 million in compensation from the manufacturer of the brake system.
  • W&L negotiated a multimillion dollar settlement on behalf of a man who suffered a traumatic brain injury after falling from an open edged apartment building walkway.

Updated June 2026