Legal Question in Personal Injury in Texas
My child was playing during recess at school. She ran into a pole on the playground. She obtained a head injury and was taken by ambulance to a hospital. Diagnosis was a concussion. After one week she was still having problems with her vision and needed to go to eye doctor. Diagnosis at eye exam was damaged cornea on right eye, ( this is the side of her head that was injured). She will now where glasses indefinately and we will have to wait and see if the headaches are just from eyes being blurred or if they will eventually stop over time. Is there a law for playground safety that stipulates bases of playscapes should be wrapped, and do I have an injury claim against the school?
2 Answers from Attorneys
Your daughter may have a claim against the school, if the playground equipment was dangerous.
The school owes a duty to the students to provide playground equipment that is safe for normal use (ie safe for kids playing).
The school also owes a duty to adequately supervise the students.
You need to have a personal injury attorney look into this matter for you.
Our firm, based in Austin, specializes in these types of claims. There are a lot of pit falls in this area of the law and these types of cases must be handled delicately.
Feel free to call me at my office 512-478-8080 and we can discuss this case further. If you would like to learn more about our firm go to www.rwleelaw.com .
I hope your daughter has a full recovery, Good Luck!
Public schools enjoy a large degree of immunity from injury claims due to premise defects. If your daughter attended a private school, then you might be able to make a claim. I am not aware of a safety law requiring playground poles to be covered. Nonetheless, you might be able to allege that the pole should have been covered and be successful in making a claim against the school.
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