Playgrounds are a fun place for kids of all ages to socialize, run, laugh, and play freely. The city of Toronto has over 1600 parks , with just under 900 of them equipped with playgrounds . That’s not counting the many playgrounds located on school grounds throughout the GTA. While playgrounds are meant to be enjoyable, safe spaces, every year, thousands of children in Ontario suffer injuries on playgrounds – some minor and others far more serious.
If your child has been seriously injured while playing at a Toronto playground, it’s common to ask yourself who is responsible for the injury.
In this post, we’ll break down the common causes of playground injuries, who may be held liable for injury, and what you should do if your child is seriously injured while playing on a Toronto playground. Whether the playground is public or private, liability can be complex, but knowing your rights is essential in all circumstances.
What Are the Common Causes of Playground Accidents and Injuries?
According to various reports, falls are the leading cause of injury for children in playgrounds, accounting for over 75% of reported cases . Falls that lead to injuries can happen anywhere on a playground, such as while climbing structures, using monkey bars, or sliding.
Other injuries can result from poorly maintained equipment, sharp or broken surfaces, slippery or unsafe ground materials (such as exposed concrete or worn-out mulch), lack of proper supervision, inadequate fencing or barriers, hazards like exposed bolts, rusted components, or protruding nails.
In more serious cases, playground injuries can lead to broken bones, concussions, spinal injuries, or even long-term disabilities. When that happens, it’s essential to understand whether negligence played a role.
Who Is Responsible for Playground Injuries in Toronto?
In all areas of Toronto, liability for playground related injuries depends on who owns or maintains the playground and where the injury occurred. In most cases, one or more of the following parties may be held responsible:
1. Municipal Governments
If the injury happened at a public park or city-run playground, there is a significant likelihood that the City of Toronto can be held liable. Municipalities have a legal duty of care to keep public spaces reasonably safe, which includes ongoing equipment inspections, repairing reportedly damaged structures promptly, and the posting of signage that indicates existing hazards.
However, suing an Ontario municipality is challenging, which is why, after any serious injury, it is imperative to consult with a Toronto-based personal injury lawyer. The Municipal Act, 2001 , imposes specific notice requirements, like how you typically must notify the city within 10 days of the incident, or your claim could be barred.
2. School Boards
What if the injury occurred on school grounds? Regardless of when the injury happened, during school hours or outside of school hours, the school board may be held responsible for the injury. For Toronto, there are two school boards: the Toronto District School Board (TDSB) and the Toronto Catholic District School Board (TCDSB ). The TDSB operates 579 schools, overseeing over 240,000 students. The TCDSB operates 197 schools, overseeing 85,000 students. It is the responsibility of schools under both school boards to ensure that the playground equipment meets safety standards, students are supervised appropriately, and hazards are identified and promptly removed. Failure to meet these obligations may result in liability.
3. Daycares or Private Property Owners
When a playground is located on private property, the owner or operator of the location may be liable under Ontario’s Occupiers’ Liability Act . A few examples of this could be playgrounds located outside a private daycare, a private school, or within a shopping centre like Woodbine Centre’s Fantasy Fair. The Occupiers’ Liability Act makes it mandatory that property owners and individuals managing the premises ensure the safety of all people on the property, including children playing on playgrounds. If they do not do so, they may be held liable for any injuries that occur.
4. Equipment Manufacturers or Installers
In certain situations, a faulty design, improperly installed equipment, or manufacturing defects may have caused the injury. If so, the manufacturer or installer of the playground equipment could be liable. This would fall under product liability law. An experienced attorney would investigate the equipment’s compliance with safety regulations, underscoring the importance of speaking with a personal injury lawyer.
What If No One Was Supervising Your Child When the Injury Took Place?
Often at schools or daycares, playground injuries happen when staff tasked with supervising the children at play fail to do so. For example, if a teacher who was supposed to be watching the children was on their phone instead during the time of the injury, then the school or daycare could be held responsible for negligent supervision.
What Should You Do If Your Child Is Injured on a Playground?
If your child has suffered severe injuries while playing on a playground, your priority is making sure they receive proper medical attention. Once that has been done, it’s essential to take the appropriate steps to protect your legal rights, as this can help you get the justice you and your child deserve.
First, take pictures of the playground, specifically where the accident took place. Try to document any hazards or broken structures that contributed to the injury. Also, take photos of the child injury.
Next, get contact information from all witnesses who saw the accident occur. This includes other parents, staff, or children who saw the incident. Record their oral statements on your phone, as this may be essential in getting justice for the injury.
Third, report the incident to the proper authorities. For public playgrounds, notify the City of Toronto. For schools or daycares, speak to the principal or site supervisor. Get a written report of the event, as this may be helpful evidence in a legal claim.
Preserve all medical records related to the injury. Keep all hospital records, doctor’s notes, and receipts related to your child’s treatment, as this may help your personal injury claim.
Finally, make sure you speak to a personal injury lawyer as soon as possible. An experienced Toronto personal injury lawyer, like those at Bergel Magence LLP, can assess whether negligence was involved in the injury. An experienced personal injury lawyer will assume the responsibilities associated with your legal claim, allowing you to focus on rehabilitating from the injury.
How Bergel Magence Can Help When Hurt on a Playground?
At Bergel Magence Personal Injury Lawyers, we’ve been helping injured families across Toronto and the GTA for over 50 years. We understand how a serious injury can completely disrupt your family’s daily life. We will fight for your legal rights, securing the justice and compensation you deserve for you and your family.
Contact us for a free consultation, where we will assess your claim. And with Bergel Magence Personal Injury Lawyers, you don’t pay unless we win your case.
Call us today at (416) 665-2000 or visit www.bergellaw.com to schedule your free consultation.
