Determining who is responsible for injuries at public parks or playgrounds in Maryland can be complicated, as it often involves the government entity that owns and manages the property. While cities and counties have a duty to keep these public spaces reasonably safe, special rules and short deadlines can make holding them accountable a significant challenge. Understanding your rights and the legal landscape can help you in your pursuit of justice after a painful and unexpected accident.
Key Takeaways for Who Is Responsible for Injuries at Public Parks or Playgrounds in Maryland
- A government entity, such as a city or county in Maryland, is often responsible for maintaining public parks and playgrounds and can be held liable for injuries caused by negligence.
- The legal concept of “sovereign immunity” provides government bodies with certain protections from lawsuits, but Maryland law includes exceptions that may allow an injured person to file a claim.
- Besides the government, other parties could be responsible for an injury, including equipment manufacturers or third-party maintenance contractors.
- Common causes of park and playground injuries include poorly maintained equipment, unsafe ground surfaces, and hazardous conditions on the property.
Understanding Liability for Park and Playground Accidents
When you visit a property owned by someone else, whether it’s a store, a private home, or a public park, you have a reasonable expectation of safety. The legal principle that governs this is called premises liability. In simple terms, premises liability means that a property owner or manager has a legal duty to maintain their property in a reasonably safe condition to prevent foreseeable harm to visitors.
For public parks and playgrounds, this duty falls on the government body in charge—be it the City of Baltimore, Anne Arundel County, or another local municipality. They are responsible for making sure the grounds and equipment don’t pose an unreasonable risk of injury to the children and families who use them. If they fail in this duty, and someone gets hurt as a result, they may be considered negligent.
The Government’s Duty of Care in Maryland
A government entity’s responsibility isn’t just about putting up a swing set and hoping for the best. It involves an ongoing, active effort to identify and correct potential dangers. From the grassy fields of Druid Hill Park to the smallest neighborhood tot lot, the managing entity has a duty to act with reasonable care.
This duty generally includes:
- Regular Inspections: Periodically checking all playground equipment and park grounds for wear and tear, breakage, or other developing hazards.
- Proper Maintenance: Performing routine upkeep, such as tightening bolts on a climbing structure, replacing worn-out chains on swings, or ensuring water fountains are free from contamination.
- Timely Repairs: Addressing known hazards promptly. If a piece of equipment is reported as broken or a dangerous pothole appears on a walkway, the entity must take steps to fix it or warn visitors of the danger in a reasonable amount of time.
This means the government has an obligation to be proactive in protecting the public from harm.
Common Causes of Injuries at Public Parks or Playgrounds
Unfortunately, accidents happen when this duty of care is neglected. Many injuries at public parks and playgrounds are not just simple mishaps but are the direct result of unsafe conditions that could and should have been prevented. Understanding these common causes can help clarify how negligence may have contributed to an injury.
Poorly Maintained Equipment
Playground equipment endures constant use and exposure to Maryland’s changing weather, from hot summers to icy winters. Without proper maintenance, it can quickly become dangerous.
Some common examples of hazards from poor maintenance include:
- Swings with frayed or rusted chains
- Slides with cracks or sharp edges
- Climbing structures with broken rungs or missing safety rails
- Seesaws with splintered wood or broken handles
- Merry-go-rounds that are unstable or have entrapment hazards
These issues are often easy to spot during a routine inspection, and failing to repair them can lead to serious falls, cuts, and other injuries.
Unsafe Surfaces
The surface under and around playground equipment is one of the most critical safety factors. Falls are the most common cause of playground injuries, and the type of surface a child lands on can make the difference between a minor scrape and a catastrophic injury like a traumatic brain injury.
Acceptable surfaces should be soft and shock-absorbing. Examples include:
- Wood chips or mulch
- Pea gravel
- Sand
- Rubber mats or tiles
Hard surfaces like asphalt, concrete, grass, or dirt are not considered safe under and around high equipment like slides or monkey bars. A government entity can be found negligent if it fails to install and maintain an appropriate ground surface.
Hazardous Conditions on the Property
The dangers at a park aren’t always limited to the playground equipment. The entire property must be kept in a reasonably safe condition for all visitors.
Here are a few examples of general property hazards that can cause injuries:
- Deep potholes or cracked pavement on walking paths
- Exposed tree roots or stumps in high-traffic areas
- Broken glass, sharp metal, or other debris left on the ground
- Inadequate lighting at night, leading to trip-and-fall accidents
- Unfenced retention ponds, streams, or other water hazards
- Poorly maintained benches or picnic tables that could collapse
When these types of conditions cause harm, the managing government body may be held responsible for failing to address them.
Filing a Claim Against a Government Entity in Maryland
This is where park and playground injury cases become especially complex. Suing a government entity is very different from filing a claim against a private citizen or a business. A legal doctrine known as sovereign immunity historically protected the government from being sued. While this protection is no longer absolute, it still creates significant hurdles for injured individuals.
The Maryland Tort Claims Act
To balance the scales, Maryland has laws that waive this immunity in certain situations, allowing people to seek compensation for injuries caused by the government’s negligence. For claims against cities and counties, the relevant law is the Local Government Tort Claims Act (LGTCA). This act sets out the specific rules and procedures that must be followed to bring a claim against a local government entity.
While the LGTCA allows lawsuits, it also places strict limits on them. For example, it caps the amount of money an individual can recover from a local government body. Dealing with these rules requires a careful and precise approach.
Strict Notice Requirements and Deadlines
Perhaps the most critical part of the LGTCA is the notice requirement. Before you can file a lawsuit, you must first provide the government with formal written notice of your claim. Under the LGTCA, this notice must be provided within one year of the injury.
This is a much shorter deadline than the standard time limit for most other personal injury cases. The notice must include specific information about the time, place, and cause of the injury and be sent to the correct government official. Failing to provide this notice correctly and on time can completely bar you from ever recovering any compensation, no matter how severe your injury or how clear the government’s fault was.
Could Other Parties Be Responsible?
While the government entity is often a primary focus, it’s important to investigate whether other parties share some of the responsibility for what happened. A thorough investigation may reveal that another person or company contributed to the unsafe conditions that caused the injury.
Equipment Manufacturers
Sometimes, a piece of playground equipment is dangerous not because of poor maintenance but because it was poorly designed or manufactured from the start. If a slide is designed at a dangerously steep angle or a climbing structure is made with materials that can’t support a child’s weight, the manufacturer could be held liable through a product liability claim. This type of claim asserts that the product itself was defective and unreasonably dangerous.
Third-Party Contractors
Many municipalities hire private companies to handle the installation, inspection, or maintenance of their parks and playgrounds. If one of these contractors performed their job negligently—for example, by improperly installing a swing set or failing to identify a clear hazard during an inspection—they could be held responsible for any resulting injuries.
Other Park Visitors
In some less common situations, an injury at a park may be caused by the reckless or intentional actions of another visitor. This could include things like an out-of-control dog causing a bite injury or another individual’s carelessness leading to an accident. In these cases, the responsible individual could be held liable for the harm they caused.
The Role of a Baltimore Personal Injury Lawyer
Because cases involving injuries at public parks or playgrounds in Maryland are so complex, trying to handle one on your own can be overwhelming. The special rules for suing the government, the short deadlines, and the challenge of proving negligence create a legal maze that is difficult to maneuver without assistance.
A knowledgeable personal injury attorney can manage every aspect of the case. This includes conducting a full investigation to identify the hazard and determine all potentially responsible parties. A lawyer can also ensure that the strict government notice requirements are met correctly and on time, which is one of the most important steps in the entire process.
From gathering evidence and calculating damages to negotiating with government attorneys, a legal advocate can fight for your right to fair compensation while you focus on healing.
FAQs: Injuries at Public Parks or Playgrounds in Maryland
Here are answers to some frequently asked questions about park and playground injury claims.
What kind of compensation can be recovered in a playground injury case?
Compensation, often called damages, can cover a range of losses related to the injury. This may include the cost of all medical treatment (past and future), lost wages if the injury caused you or a caregiver to miss work, and non-economic damages for pain, suffering, and emotional distress.
How long do I have to file a lawsuit for an injury at a Maryland park?
The deadline to file a lawsuit, known as the statute of limitations, is different from the one-year notice requirement for claims against the government. Generally, under Maryland law, you have three years from the date of the injury to file a lawsuit. However, you must still meet the much shorter notice deadline first.
Are private playgrounds (like those at a daycare or school) treated the same as public ones?
No, they are treated differently. Private playgrounds, such as those at daycares, schools, or apartment complexes, are not protected by sovereign immunity. A claim for an injury at a private playground would follow standard premises liability rules, without the special notice requirements and damage caps that apply to government claims.
What if there was a “Use at Your Own Risk” sign at the playground?
While property owners sometimes post these signs to discourage lawsuits, they do not automatically protect a negligent owner from liability. If the owner knew or should have known about a dangerous condition and failed to fix it, a sign may not be enough to prevent them from being held responsible for a resulting injury.
A Fighter for the Injured in Baltimore
After a serious injury at a public park or playground, the pain, medical bills, and frustration can be a heavy burden to carry. You need someone in your corner who understands the law and who is prepared to fight for the justice you deserve.
At Steven H. Heisler The Injury Lawyer, we are dedicated to helping injured people in Baltimore and across Maryland. Attorney Steve Heisler’s background as a union organizer and Golden Gloves boxer taught him how to stand up for others and never back down from a tough fight. He brings that same tenacity and dedication to every client he represents, fighting to hold negligent parties accountable and secure the maximum compensation possible.
If you or a loved one was injured due to unsafe conditions at a park or playground, don’t let strict deadlines and complex laws prevent you from exploring your options. Contact us today at 410=625-HURT (4878) or through our online form for a free consultation to discuss your case. Let us be the fighters in your corner.