You may be able to bring a lawsuit against a couple of possible responsible parties depending on the circumstances surrounding your daughter’s fall.
Climbing steps on a play structure should not collapse because that is obviously a dangerous fall hazard. If the step collapsed because of a defect, then the manufacturer may be responsible. You may be able to file a personal injury lawsuit, specifically, a dangerous product or products liability lawsuit, against the manufacturer of the play structure.
The manufacturer has a duty to not to sell defective play structures which pose dangerous risks users. There could be a design defect or a manufacturing defect. A product is defectively designed when there is a defect in the design of the product itself. A manufacturing defect occurs when something happens during the manufacturing process to make the product defective. In order to determine the type of defect, an investigation and inspection of the play structure by an expert is necessary.
If there were no defects with the climbing step and the step collapsed because of negligent assembly, then the party or company responsible for assembling the play structure may be responsible. For instance, let’s say a company was hired to assemble the play structure, but did so negligently by forgetting to install all the screws that would keep the step in place, then the company may be responsible for your daughter’s injuries.
The owner of the play structure may also be responsible for your daughter’s injuries. If the play structure was at your daughter’s friend’s house, the homeowner or the parent of your daughter’s friend may be responsible.
The owner of the play structure may be responsible if he knew that the step was faulty or broken, but didn’t do anything to fix it or tell your daughter not to go on it. For example, a few weeks before your daughter went over for a playdate, the owner checked the structure and saw that the step was rotting and made a mental note to fix it. However, he never got around to it. When your daughter went over for a playdate, he forgot to tell the kids not to play on it and your daughter got hurt. She would not have been hurt if he fixed it or told the children not to go on the structure knowing that it was dangerous.
However, some parents may feel reluctant to bring a lawsuit against someone they know, so this is a decision you would have to carefully consider if you were thinking about filing a lawsuit.
If you would like to discuss your daughter’s fall accident further, feel free to give me a call at 877.944.8396. We can also schedule a FREE consultation to discuss your daughter’s accident in person.