Are You Responsible If Your Child Is Injured In A Play Area?

Do you let your kids play in restaurant play areas or other privately-owned playground equipment? Are you concerned about liability? Do you know who’s responsible if your child is injured?

Replies to This Discussion

Permalink Reply by Jeanie Jacobson on March 26, 2009 at 11:04am

oh my god. when are parents going to finally start being responsible. i remember running, jumping, playing, getting hurt and no one getting sued. maybe parents need to keep a better eye on their kids, or if they think it's unsafe, like this family did AFTER their child got hurt, don't let them play on it. our country has become so sue happy it's not funny and it costs us peons a lot of money in the long run.

Permalink Reply by BB on March 26, 2009 at 11:07am

Are you kidding?? These kinds of lawsuits are ridiculous! If the boy's father was paying any attention at all, he would have seen the situation and told his child to get down from there. Is anyone responsible for themselves anymore? I'm sick of lazy parents. If you need to place blame, place it where it belongs: on the father!

Permalink Reply by Shelby on March 26, 2009 at 11:08am

It is called common sense you have it use it. The kid in question should have not been allowed to climb like that by his father who was there. You watch your kids it is no one's job but yours to keep your kids safe. My children have played several times at these places but I watch my kids and tell them no. You don't allow your kid to climb up pole that is by the looks of it not suppose to be used for climbing. The parents should not have gotten a settlement of any kind they should have been parents watching their kids. I see far too many parents that just let their kids run like animals on these things without them watching them.

Permalink Reply by ashley on March 26, 2009 at 11:09am

I completely agree. Parents should not assume something is safe just because it exists. Would you let your kids run into the ocean or jump in a pool if they don't know how to swim? The Buckett case is horrible but that doesn't mean that Burger King is automatically responsible. Many things in life are unsafe that is why parents have to watch their kids. A jungle gym is not an automatic babysitter.

Permalink Reply by Chuck & Monica Bailey on March 26, 2009 at 11:10am

I'm sorry for the little boy's injuries and what the parents went through this whole ordeal. But, where were the parents and why weren't they watching their child? This is a growing issue in America about blame everyone else but ourselves. This incident, though tragic, just shows how our society has become dependent on blaming everyone else and not watching our kids. I remember back in the day, when we were growing up, playgrounds did not have any kind of safety equipment and my parents were there to watch me in case I did something crazy that might in fact hurt me. Parents need to be more responsible for their kids. Yes, they could have turned their backs for a second and this incident could have happened, but reading this article basically stated that the child climbed high enough to which usually takes a child longer than a second to do. Come on America, this just shows how our society is falling fast!

Permalink Reply by Ted Johnson on March 26, 2009 at 11:10am

Parents are responsible for watching the children. Just because a playground is there does not mean the company is your babysitter. TAKE RESPONSIBILITY FOR YOUR and YOUR children's BEHAVIOR! Sorry this is truly a pet peeve of mine. When my kids were younger and played in these, I always was in the room and watching what they were doing, not off in another room eating, or on the cell phone.

Permalink Reply by Maura Staker on March 26, 2009 at 11:10am

Jeanie Jacobson said:

oh my god. when are parents going to finally start being responsible. i remember running, jumping, playing, getting hurt and no one getting sued. maybe parents need to keep a better eye on their kids, or if they think it's unsafe, like this family did AFTER their child got hurt, don't let them play on it. our country has become so sue happy it's not funny and it costs us peons a lot of money in the long run.

Permalink Reply by rita mcconnell on March 26, 2009 at 11:11am

Just last week I watched three kids get throught the protective webbing at a McDonalds and climb up the structure. Guess what, the father of the two boys sat and watched them and did and said nothing! My husband and I could not believe it. There is a huge sign stating, no playing or climbing in that area. One girl who got in, had downs syndrome and the mother had no idea where she was, I then observed the girl walk out of the play area, and I, not the mother, got the girl and brought her back. Who are they going to sue, themselves. Parents are usually at fault for their children's behavior. I feel terrible that the child got hurt, but I mostly blame the parents, why are they not watching their children? They were probably on their cell phones. Oh, and I have three girls, two who play in the play areas, and have never been hurt.

Permalink Reply by Juliana on March 26, 2009 at 11:13am

I so agree kids are denied the right to be kids, can't do this can't do that. Too many parents baby thier kids and we are seeing the generations deterioate by raising children that can't do a damn thing, play with cloth toys, OH, maybe not it could cause suffocation, plastic toys, NO full of contaminates, maybe they should just float in an open space with no edges of any kind all alone so no other child could injure them better yet lets just not have children anymore and avoid it all!!!! When are people gonna wake up and stop being STUPID?

Permalink Reply by Stacey on March 26, 2009 at 11:14am

I agree. Yes my kids scream to place at those restaurant playgrounds to but I read and I see the signs. Play at your own risk. Some of these places go the extra mile and put the foam floor in as while but I still take responsibilty for MY children. I bet if your child fell off your playset at home you wouldn't sue yourselves. You would be watching them closer or you would be too embarrassed to report it. What if your neighbor saw your child fall off the playset in your backyard and you were charged with child abuse or neglact how would you like that? Same principle. Money hungry people I say, it has nothing to do with the children's safety at all. All parents have moments when you turn you head for a split second and something happens does it make you feel better to blame someone else for what was ultimately and accident?

Permalink Reply by Catherine Davis on March 26, 2009 at 11:14am

Children are injured when parents don't watch their children, when parents allow children that are too old to use the play facility, and when parents allow children to use the facility in a way that was not intended. As an insurance agent that has specifically worked in liability and risk management, the fact the BK settled means that no jury agreed that the restaurant was at fault and the family was not awarded punitive damages. Burger King likely settled because it was less damaging to settle with the family than to fight in trial as it is negative advertising. Yes, it is quite unfortunate that children get injured. My sister bit her tongue when she fell off Monkey bars in the late 70's, slides used to be higher and made of metal, merry go rounds were hardly safe - play grounds have certainly evolved. The necessity for parents to enforce helmet wearing, rule regarding, safety alert, respectful children will always be necessary and it is unfortunate that these parents did not stop the behavior of their son before it was out of hand. You can't tell me that parents don't know how to use a playground. If that is truly the case, than perhaps we need better parent education which is available at community centers, doctors offices, hospitals, through governmental support agencies and many other resources. Play grounds that are germ breeding would concern me...

All you will do by posting articles like this is convince Community Centers, parks, McDonald's and Burger King to shut down indoor play areas for the other 98% of children who have never been injured. Shall we also close parks and recreation centers and drain lakes because they drown unattended children? Where does common sense and liability meet? Europe wouldn't even dream of printing this article.

Permalink Reply by Bell on March 26, 2009 at 11:15am

While I feel awful for the little boy this happened to, I also don't believe the parents should have sued nor won. I have a 6 year old boy, and when my husband or I take him to the playground, we watch to make sure he is not climbing on things he should not. Those bars the boy was climbing on look ridiculously high, making me wonder what exactly was going through the father's mind when he was climbing them. Did he think that was okay for him to do? People need to use common sense...not allow their children to make decisions that could possibly affect their lives.