A call from your child’s school can turn an ordinary day upside down. If your child has suffered severe injuries on a playground, their medical care and child’s well-being come first. Once they are safe, you may have questions about what happened on the school grounds. Was the playground equipment damaged? Was there a hazard that affected playground safety? The answers may take time to establish, but it helps to record what you learn while details are fresh.
Playground injuries are common, though most are minor. A 2012 Canadian research paper cited an estimate that 20,000 to 30,000 children were treated in hospital emergency departments each year for playground-related injuries. When school injuries are serious, an accident alone does not establish legal responsibility. Ontario law requires an occupier of property to take reasonable care, in the circumstances, to keep people on the property reasonably safe. Whether an injured child may have a personal injury claim depends on what caused the injury and the evidence available.
Common Causes of Playground Accidents in Ontario
A child can be hurt during recess, gym class, or another activity on school grounds. Falls from climbing structures, collisions with other children, and slips on wet or icy surfaces can all cause injuries. Unsafe equipment, damaged surfaces, and inadequate supervision may also contribute. Schools are required to provide adequate supervision during recess. The supervision needed depends on the children’s ages, the activity, and several factors specific to the playground.
The Toronto District School Board says it operates 579 schools serving approximately 235,000 students. Across Ontario, playground accidents can have several causes, including falls from equipment, damaged play surfaces, unsafe equipment, and inadequate supervision. If your child needs medical attention, focus on their care first. An injury alone does not mean a school failed in its duty or can be held responsible. Whether there is a legal claim depends on several factors, including what caused the injury, who controlled the playground, and whether reasonable care was taken.
Playground accidents can also involve multiple causes. A child might fall from a climbing structure after slipping on a worn step, for example. If your child is seriously hurt, ask the school where and when the accident happened, who saw it, and whether any playground equipment was involved. Keep the clothing or shoes your child was wearing, take photographs if you can, and save medical records. These details can help explain what happened while you focus on your child’s recovery.
Understanding Playground Injury Claims
A serious playground injury does not automatically give rise to a claim against the school. The key questions are what caused the injury and whether someone failed to take reasonable care. For example, a claim may involve a hazard on the playground or concerns about how children were supervised. Ontario’s Occupiers’ Liability Act requires an occupier to take reasonable care, in the circumstances, to keep people on the property reasonably safe.
A claim brought on a child’s behalf may include future treatment and care costs caused by the injury, if those costs can be proven. Compensation may include pain and suffering for injured children. The amount, if any, depends on the evidence about the injury and its effects on the child.
School boards may have policies requiring routine playground inspections. Inspection and maintenance records can help show whether a hazard was noticed and addressed. The applicable inspection practices may depend on the school board and the type of playground; Ontario also has specific playground rules for licensed child care centres, which should not be assumed to apply to every school playground.
Who Can Be Held Liable for a Child’s Injury
Who may be held accountable depends on where and how the injury occurred. If a child is hurt on a school playground during school hours, a claim may involve the school board, a private school, or another party responsible for the grounds. Property owners and others who control a playground may have duties under Ontario’s Occupiers’ Liability Act. The law requires reasonable care to keep people on the property reasonably safe; it does not guarantee that every accident can be prevented.
The four elements of negligence are duty of care, breach of duty, causation, and damages. In plain language, a claim must show that someone owed the child a duty, failed to meet it, and caused an injury that resulted in a loss. Faulty equipment, a damaged play surface, or inadequate supervision may be relevant, but each case turns on its facts. Schools should provide safe spaces for children to play, yet a safe environment does not mean one with no risk at all.
The claims process for school injuries starts with finding out what happened. An incident report, photographs, witness accounts, and playground inspection or maintenance records may help show whether the injury was among the preventable injuries that reasonable care could have avoided. More than one party may have played a role, and no one is automatically liable simply because a child was hurt.
What to Do If Your Child Is Injured on a School Playground
Seek medical attention immediately if your child may have a serious injury. Tell the healthcare provider what you know about the accident, and follow their advice about treatment and follow-up care. Your child’s health comes first, even if you are unsure how the accident happened.
Once your child is safe, ask the school for a written account of the incident. Find out when and where it happened, which staff members were present, and whether any witnesses saw it. Write down what your child tells you in their own words. If possible, photograph the area and any equipment involved. Keep medical records, receipts, and a record of how your child’s injuries affect their daily life.
You can also ask the school to preserve its incident report, any relevant video, and playground inspection and maintenance records. Those records may help establish whether the equipment met applicable safety standards and whether children had proper supervision. If the injuries are serious, an experienced personal injury lawyer can review the evidence and explain the school’s possible legal duty. Determining liability in a personal injury case requires looking at what caused the accident; a child’s injury alone does not prove that someone was negligent.
Can I Sue the School If My Child Got Hurt?
Yes, you may be able to bring a school playground injury lawsuit on your child’s behalf if the evidence shows that the school or another responsible party breached a legal duty and caused your child’s injury. Under Ontario’s Occupiers’ Liability Act, a party that controls a playground must take reasonable care, in the circumstances, to keep people on the property reasonably safe. This duty can apply to school grounds and to playgrounds on private property.
The cause of the accident is central to the claim. For example, faulty playground equipment, a hazard that was left unaddressed, or inadequate supervision may raise questions about playground safety. If a school fails to take reasonable care and that failure causes harm, it may be liable. Broken bones, head injuries, and other injuries can have serious effects, but even severe injuries do not automatically prove that the school was negligent.
A parent can generally take court action for a child through a litigation guardian. An experienced personal injury lawyer can review the incident, identify who may be responsible, and explain whether the evidence supports a claim.
What Evidence Can Help Prove a School Playground Injury Claim?
Evidence can help show how the accident happened, what the school knew about the playground, and how the injury has affected your child. Start with the school’s incident report and your own notes about what staff told you. Take photographs of the area, the equipment involved, and any potential hazards while the conditions are still visible. Keep your child’s clothing or shoes if they may be relevant.
Ask for contact information from any witnesses you can identify. If someone saw the accident, their account may help clarify what happened. Witness statements from staff, students, or other adults may also provide details not included in the incident report. Ask the school to preserve any relevant video, photographs, playground inspection records, and maintenance or repair records. These may help determine whether the school took reasonable steps to provide a safe environment.
Keep copies of medical records, treatment plans, and receipts. Write down changes you notice in your child’s sleep, activities, school attendance, or need for care. This information can help document the injury and its effects. Consult a personal injury lawyer as soon as possible. A lawyer can advise you on the evidence to request or preserve and assess whether it supports a claim under Ontario law.
Legal Process and Timelines for Filing a Playground Injury Lawsuit
If your child is seriously hurt, start by getting medical care and keeping records of the injury and its effects. You can then gather evidence, including the school’s incident report, photographs, witness details, and any available playground inspection or maintenance records. A personal injury lawyer can review what happened and advise whether the evidence supports a personal injury claim.
Ontario’s usual deadline for starting a civil claim is two years from the date the claim is discovered, but the rules are different for children. Generally, that limitation period does not run while the person with the claim is a minor and is not represented by a litigation guardian in relation to the claim. Some cases may also have earlier notice requirements. For that reason, it is wise to speak with an experienced personal injury lawyer promptly rather than assume there is time to wait.
A lawyer can explain the applicable deadlines, identify who may be responsible, and assess the child’s current and future needs. If the evidence supports a lawsuit, the goal is to seek fair compensation based on the harm the child has suffered. Bergel Magence Personal Injury Lawyer offers a free consultation to discuss your child’s injury and the next steps.
How a Personal Injury Lawyer Can Help
When your child is seriously injured, it can be hard to know what happened or what to do next. A personal injury lawyer can review the school’s incident report, speak with witnesses, and request relevant inspection and maintenance records. They can assess whether the evidence supports a claim and explain who may be responsible under Ontario law.
A lawyer can also help document how the injury affects your child now and what care they may need in the future. If there is a basis for a claim, they can manage the legal process while you focus on your child’s recovery. A personal injury lawyer can identify potentially responsible parties and pursue a claim where the evidence supports one.
If your child was seriously injured on a school playground, contact Bergel Magence Personal Injury Lawyers for a free consultation. We can listen to what happened, explain your options, and help you decide on the next step.
