School & Playground Injuries

Parents expect schools, playgrounds, daycare centers, and recreational facilities to provide reasonably safe environments for children. While ordinary bumps and falls are part of childhood, serious injuries can occur when children are exposed to dangerous property conditions, defective playground equipment, negligent supervision, or other preventable hazards.

School and playground accidents can result in broken bones, head and brain injuries, spinal injuries, cuts, permanent scarring, and other significant harm. In some cases, a child's injuries can require surgery, extensive rehabilitation, or ongoing medical care.

At The Law Office of Todd I. Siegel, we represent children and families throughout New Jersey in serious personal injury matters. Claims involving public schools and municipal playgrounds can involve special rules under the New Jersey Tort Claims Act, making it important to evaluate the specific circumstances surrounding the accident.

Common Causes of School and Playground Injuries

Children can be injured at school or on a playground in many different ways. Not every accident is caused by negligence, but serious injuries may warrant further investigation when unsafe conditions or unreasonable conduct contributed to what happened.

Potential causes include:

• Defective playground equipment

• Broken swings, slides, or climbing structures

• Unsafe playground surfaces

• Dangerous property conditions

• Falls from playground equipment

• Inadequate maintenance

• Improperly secured equipment

• Falling objects

• Unsafe stairs or walkways

• Sports and recreational accidents

• Accidents during recess

• Inadequate or negligent supervision

• School bus and transportation accidents

• Dangerous conditions in classrooms or gymnasiums

• Injuries caused by other students

• Failure to appropriately respond to an injured child

Determining whether a school, municipality, private facility, equipment manufacturer, or another party may be responsible requires examining the facts surrounding the particular accident.

Playground Equipment Injuries

Playgrounds are designed to allow children to climb, run, swing, and play. That activity naturally involves some risk, but playground equipment should not expose children to unreasonable dangers.

Serious injuries may occur when playground equipment is:

• Broken or damaged

• Improperly installed

• Poorly maintained

• Unstable

• Missing protective components

• Inappropriately designed for the children's age group

• Positioned over an unsafe surface

• Allowed to deteriorate without repair

Children can suffer fractures, head injuries, spinal injuries, cuts, and other trauma when equipment fails or an unsafe condition contributes to a fall.

In New Jersey, claims involving dangerous conditions on public playground property are governed by specific provisions of the Tort Claims Act. A claimant may need to establish, among other requirements, that the property was in a dangerous condition, the condition caused the injury, the risk was reasonably foreseeable, and the public entity created the condition or had sufficient notice of it.

Falls From Playground Equipment

Falls are a common source of playground injuries. Children may fall from slides, monkey bars, climbing structures, swings, platforms, or other equipment.

A fall can result in:

• Broken arms and wrists

• Leg and ankle fractures

• Head injuries

• Concussions

• Traumatic brain injuries

• Facial injuries

• Dental injuries

• Spinal injuries

• Cuts and lacerations

• Permanent scarring

The fact that a child fell does not automatically mean someone was negligent. The circumstances surrounding the fall—including the condition of the equipment, the playground surface, maintenance, and supervision—may need to be evaluated.

New Jersey courts have considered playground cases involving significant injuries, including fractures requiring surgery, while emphasizing the particular legal requirements that apply to claims against public schools and other governmental entities.

School Injuries Caused by Negligent Supervision

Teachers, coaches, school employees, and other adults responsible for children may undertake supervisory responsibilities during school activities.

Potential supervision issues may arise during:

• Recess

• Physical education

• Sports practices

• Field trips

• School-sponsored events

• Classroom activities

• Transportation

• After-school programs

A child may be injured when dangerous behavior is allowed to continue, an obvious hazard is ignored, or responsible adults fail to reasonably respond to a situation they are supervising.

However, New Jersey law draws important distinctions in claims involving public recreational facilities. Public entities generally receive protection for a failure to provide supervision of a public recreational facility, while different considerations may apply when supervision has actually been undertaken and is performed negligently.

For this reason, liability in a school or playground supervision case depends heavily on the specific facts.

Injuries During Recess

Recess gives children an opportunity to run, play, and interact with other students, but serious accidents can occur.

Potential incidents include:

• Falls from playground equipment

• Collisions between children

• Injuries during games

• Falls caused by unsafe surfaces

• Accidents involving damaged equipment

• Injuries caused by objects thrown or used improperly

• Physical altercations

Schools cannot necessarily prevent every accident between children. Whether a particular injury resulted from negligence depends on factors such as what happened before the accident, whether a dangerous condition existed, what supervision was being provided, and whether the injury was reasonably foreseeable.

New Jersey courts have examined claims involving children injured during recess and playground activities under the Tort Claims Act, including whether a dangerous property condition existed and whether the conduct of a public entity met the applicable legal standard.

School Sports and Physical Education Injuries

Children can also suffer serious injuries during physical education classes, organized sports, and other school-sponsored athletic activities.

Injuries may involve:

• Concussions

• Traumatic brain injuries

• Broken bones

• Torn ligaments

• Knee injuries

• Shoulder injuries

• Neck and back injuries

• Heat-related illnesses

• Spinal cord injuries

Sports naturally involve certain risks, and an injury occurring during athletic participation does not automatically establish negligence.

However, questions may arise when an injury involves dangerous equipment, unsafe facilities, inappropriate activities, negligent supervision, or a failure to reasonably respond to an injured student.

Head and Brain Injuries at School

A child's head injury should be taken seriously. Falls, collisions, sports accidents, playground incidents, and other trauma can cause concussions or more severe traumatic brain injuries.

Possible symptoms include:

• Headaches

• Dizziness

• Confusion

• Nausea or vomiting

• Loss of consciousness

• Memory problems

• Difficulty concentrating

• Balance problems

• Changes in behavior

• Excessive sleepiness

• Seizures

Some symptoms may not become immediately apparent.

New Jersey litigation has included cases involving children who suffered serious neurological injuries after striking their heads on school playground equipment, demonstrating the importance of both the initial injury and the medical response that follows.

Broken Bones and Fractures

Broken bones are among the most common serious injuries children suffer on school grounds and playgrounds. A fall from climbing equipment, a collision during recess, or a sports injury can result in a fracture that requires medical treatment.

Possible fractures include:

• Broken arms, wrists, and elbows

• Broken legs and ankles

• Collarbone fractures

• Skull and facial fractures

• Growth plate injuries

• Fractures requiring surgery, plates, screws, or pins

Because children are still growing, some fractures can affect the growth plates and may require long-term monitoring. A severe fracture can mean surgery, casting, physical therapy, missed school, and time away from sports and activities.

Dental and Facial Injuries

Falls and collisions can also injure a child's face, teeth, jaw, and eyes. These injuries may require emergency care, dental treatment, oral surgery, or follow-up care as the child grows.

Facial injuries can also leave scarring. When a child suffers permanent scars or disfigurement, the physical and emotional effects may continue long after the injury has healed.

Responding to an Injured Child

How a school responds after an accident can matter. When a child is hurt, school staff are generally expected to respond reasonably, seek appropriate medical help when needed, and notify the child's parents.

Questions may arise when:

• An injured child is not promptly evaluated

• Emergency services are not called when they should have been

• Parents are not notified about a serious injury

• A possible head injury is not taken seriously

• An incident report is incomplete or inaccurate

A delay in responding to a serious injury can sometimes make a child's condition worse.

Claims Against Public Schools and Municipalities

Many school and playground injuries involve public schools, school districts, or municipal playgrounds. Claims against public entities in New Jersey are governed by the Tort Claims Act, which has its own requirements.

Among other things, the law generally requires a written notice of claim to be filed within a short period of time after the injury. Missing a required notice deadline can seriously damage or even end a claim, and special rules may apply when the injured person is a minor.

For this reason, families should speak with an attorney promptly after a serious school or playground injury.

Evidence in a School or Playground Injury Case

Evidence can help show what happened and why. In a serious case, it may include:

• Photographs of the injury, the equipment, and the playground surface

• Medical records and imaging

• School incident and accident reports

• Witness statements from staff, parents, and other children

• Maintenance and inspection records

• Prior complaints about the equipment or area

• Playground design, installation, and safety information

• Surveillance footage, where available

Playground equipment can be repaired or removed after an accident, so documenting the condition of the area as soon as possible can be important.

Compensation for a School or Playground Injury

When another party's negligence causes a child's injury, a claim may seek compensation for the harm caused.

Depending on the circumstances and applicable law, damages may include:

• Past and future medical expenses

• Surgery, rehabilitation, and therapy

• Pain and suffering

• Scarring and disfigurement

• Permanent injury or disability

• Loss of enjoyment of life

• Other damages available under New Jersey law

Claims involving children can involve special rules, including court approval of settlements on behalf of a minor.

Who May Be Responsible for a School or Playground Injury?

Responsibility depends on how the injury happened.

Potentially responsible parties may include:

• Public schools and school districts

• Municipalities and other government entities

• Private schools and childcare facilities

• Property owners and operators

• Companies that designed, made, or installed playground equipment

• Contractors responsible for maintenance or repairs

• Other individuals or organizations whose conduct contributed to the injury

Some cases involve more than one responsible party, and a careful investigation can help identify each one.

Contact a New Jersey School and Playground Injury Lawyer

When a child is seriously hurt at school or on a playground, parents are left worrying about their child's recovery while also trying to understand what happened.

For more than 30 years, The Law Office of Todd I. Siegel has represented injured individuals and families throughout New Jersey. Our firm investigates serious accidents, works to identify the people and organizations that may be responsible, and helps families pursue the compensation available when negligence causes preventable harm.

If your child suffered a serious injury at school or on a playground, contact The Law Office of Todd I. Siegel to discuss your case and learn more about your legal options.