Visitor Question

Child Injured at a Restaurant’s Playground…

Submitted By: Melody (Fayetteville, NC)

My child was playing on a playground at a local restaurant and there were exposed bolts that stuck out. My child hit her forehead and was taken to the local emergency room. The restaurant didn’t file an accident report or finish filing the claim with their insurance company.

I called a day later to ask them to please fix the playground and the manager agreed they would. A month latter they still had not fixed it. I’d like to know what the laws are in North Carolina for situations like this? Can I follow up with their insurance company or do I just have to wait for the restaurant to do everything? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Melody,

The first thing to do is keep entirely away from the playground. Once you become aware of a danger it is incumbent upon you to mitigate your damages. Mitigation includes keeping away from anything which could possibly cause seriously bodily injuries.

The State of North Carolina has strict rules in the building and maintenance of structures built upon government owned or subsidized property. Depending upon which county you live in you should contact the city or county planning board. There you will be able to locate the specific details of the government building codes.

They are public records and just about anyone has a right to see them and request copies of them.

You can also speak with a member of the Fayetteville City Planning Department. They are public servants and should be happy to review with you the specifics of the building codes related to similar structures.

At a minimum you will be saving another child from being seriously injured.

Finally the construction of playgrounds in the United States is normally governed by the ASTM: American Society for Testing and Materials and by the CPSC: United States Consumer Product & Safety Commission. You will be able to learn more about the safety standards of playgrounds in the United States by looking into those two entities.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: November 16, 2017

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Comments

One thought on “Child Injured at a Restaurant’s Playground…

  1. Only child care facilities are required by law to comply with ASTM & CPSC rules in North Carolina.

    However, the “standard of care” for everyone everywhere in the U.S. is to comply with ASTM & CPSC playground safety Standards and Guidelines.

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