Defective Playground Equipment Lawsuit: When Fun Turns Dangerous

There’s nothing more gut-wrenching than seeing your child hurt—especially in a place that was supposed to be safe. A sunny day at the park, recess at school, or playtime at daycare shouldn’t end in a trip to the ER. But when playground equipment fails, that’s exactly what can happen.

You didn’t expect cracked slides, loose bolts, or corroded swings. You trusted that someone made sure everything was secure. Now your child is injured, you’re buried in medical bills, and no one’s taking responsibility.

This is not just an accident—it may be negligence, and under Michigan law, you have rights.

Children are vulnerable. That’s why schools, daycares, and city governments are legally obligated to maintain playground equipment in safe, working condition. When they cut corners—or when manufacturers ship defective equipment—it’s not just a mistake. It’s a danger to every child who climbs, slides, or swings on that structure.

At Marko Law, we don’t accept “it’s just a playground injury” as an excuse. We know how devastating these accidents can be. From traumatic brain injuries and broken bones to lifelong scars and emotional trauma, we’ve seen the real cost of neglect.

Who’s Legally Responsible?

Equipment Manufacturers

The first line of responsibility starts with the company that made the playground equipment. If the product had:

• A dangerous design flaw
• Weak or brittle materials
• Manufacturing defects that made it unstable
• Inadequate safety warnings or installation instructions

…the manufacturer may be strictly liable under Michigan’s product liability laws. That means they can be held accountable even if they didn’t know the product was defective.

Installation Contractors

Playground equipment must be assembled precisely according to safety standards. If bolts were left loose, anchors weren’t secured, or parts were installed backward, the contractor or installer could be liable for negligence.

Property Owners (Schools, Parks, Daycares)

Who owns the playground? Whether it’s a public school, private daycare, apartment complex, or city park—the property owner has a legal duty to keep that space safe.

If they:

• Failed to inspect equipment regularly
• Ignored visible damage or wear
• Allowed unsafe play areas to remain open

…they may be held liable under premises liability law.

Municipalities and Government Liability

When injuries occur at public parks or schools, government entities like cities, counties, or school districts may be responsible. These cases are more complex due to government immunity laws, but exceptions exist—especially when:

• A known hazard was ignored
• The city failed to maintain the property properly
• A public employee acted negligently

Maintenance Companies

Even the best equipment won’t stay safe if it’s not maintained. If a company or third-party service was contracted to inspect and repair the equipment—and failed to do so—they can be held liable for negligent maintenance.

Michigan Law on Defective Equipment and Premises Liability

Product Liability: MCL 600.2945 - 600.2949a

Michigan’s Product Liability Statute (MCL 600.2945 - 600.2949a) governs claims against manufacturers and sellers of defective products—including playground equipment.

Under this statute, a company can be held strictly liable if:

• The equipment had a design defect (it was dangerous by nature)
• A manufacturing flaw made the product unstable or unsafe
• The product lacked proper warnings or usage instructions

If your child’s injury was caused by defective slides, swings, climbing structures, or surface materials, you may have a valid claim against the manufacturer or supplier.

Premises Liability: Unsafe Property Conditions

When an injury occurs due to the condition of the property—rather than a specific product—it falls under premises liability. This applies to:

• Schools
• Parks
• Apartment complexes
• Daycare centers
• Private playgrounds

In Michigan, property owners owe a legal duty of care to keep their premises safe—especially when children are involved. If they failed to inspect, repair, or warn about dangerous equipment, they may be liable.

Special Duty of Care for Children

Michigan courts recognize that children don’t perceive danger the same way adults do. That’s why property owners are expected to take extra precautions when they invite or allow children onto their premises.

Neglecting to maintain playgrounds—or allowing damaged equipment to remain in use—may be seen as a breach of that duty of care.

The “Attractive Nuisance” Doctrine

Under the “attractive nuisance” doctrine, property owners can be held liable if:

• A dangerous condition (like a broken slide or exposed ladder) would naturally draw children in
• The risk of harm was foreseeable
• The property owner didn’t take steps to prevent access or fix the danger

This doctrine is especially relevant for unsupervised or open-access playgrounds, where kids may play without realizing the risks.

Sovereign Immunity: Government Liability Limits

If the injury occurred on government property (like a city park or public school), the doctrine of sovereign immunity limits your ability to sue. But there are key exceptions—especially under Michigan law—such as:

• Gross negligence by public employees
• Dangerous public property exception (MCL 691.1406), which allows claims when defective property causes bodily injury

What to Do If Your Child Is Injured

Get Immediate Medical Attention

Even if the injury seems minor, get your child checked out by a doctor or emergency room. Many serious injuries—like concussions or internal damage—aren’t obvious at first.

• Medical records establish the injury timeline
• Early treatment protects your child’s long-term health
• It creates official documentation for your legal claim

Take Photos of the Scene and Equipment

Photos are powerful evidence. If possible, take clear pictures of:

• The playground equipment involved
• Any visible defects, damage, or missing parts
• Surrounding conditions (concrete surface, lack of guardrails, exposed bolts)
• Your child’s injuries, both immediately and during recovery

Report the Incident

Notify the appropriate party:

• City or municipal parks department (for public playgrounds)
• School or daycare administrators
• Apartment complex manager or property owner

Make sure your report is in writing, and ask for a copy or confirmation. This creates a record and may also reveal if the equipment was already flagged as dangerous.

Preserve Clothing, Shoes, or Other Equipment

Don’t wash or throw away anything your child was wearing. Torn clothing, bloodstains, or scuffed shoes can all help:

• Reconstruct the incident
• Demonstrate the force of the injury
• Show how your child came into contact with the defective equipment

Also keep any personal equipment, like helmets or knee pads, that may show signs of impact or damage.

Contact a Lawyer Immediately

These cases move fast—especially when cities, schools, or public agencies are involved. There are strict deadlines and notice requirements under Michigan law. The longer you wait, the more likely:

• Equipment gets fixed or replaced
• Witnesses forget key details
• Critical evidence disappears

What Compensation Can You Seek?

Medical Expenses (Current and Future)

Injury treatment is rarely a one-time cost. You may be dealing with:

• Emergency room visits
• Surgeries
• Physical or occupational therapy
• Follow-up care
• Medications and mobility aids

Pain and Suffering of the Child

Michigan law allows injury victims—yes, even children—to be compensated for non-economic damages like:

• Physical pain
• Emotional trauma
• Loss of enjoyment of life

Emotional Distress of Parents

As a parent, watching your child suffer is a trauma of its own. You may be entitled to damages for:

• Emotional anguish
• Anxiety or PTSD from witnessing the injury
• Loss of sleep, disruption of family life, and caregiving burdens

Long-Term Care, Disability, or Disfigurement

Some playground injuries cause permanent damage—such as:

• Scarring or disfigurement
• Limb or mobility impairment
• Brain injuries or developmental delays

Punitive Damages in Cases of Gross Negligence

When companies or municipalities knew the equipment was unsafe and did nothing, that’s more than negligence—it’s reckless disregard for child safety. In these cases, we may pursue punitive damages to punish wrongdoing and prevent it from happening to other families.

Examples include:

• Ignoring repeated complaints or injury reports
• Failing to act on known recalls
• Allowing broken equipment to remain in use

Playgrounds Should Be Safe—We’ll Make Sure They Are

Your child’s injury wasn’t your fault. You trusted the equipment, the park, the school. You had every right to expect they’d be safe. But someone failed to do their job—and now your family is left dealing with the fallout.

At Marko Law, we’ve seen what happens when companies cut corners or cities ignore maintenance. We know how quickly the blame gets shifted—how fast doors get closed when parents start asking questions. That’s why we step in.

We hold manufacturers, municipalities, and negligent property owners accountable. Because your child’s safety matters. Because your pain deserves answers. And because you deserve justice, not just a brush-off.

But don’t wait. Evidence fades. Witnesses forget. Government agencies have short deadlines. The sooner we get started, the stronger your case will be.

Contact Marko Law for a Free Case Evaluation

📞 Phone: +1-313-777-7777
📍 Main Office: 220 W. Congress, 4th Floor, Detroit, MI 48226
🌐 Website: www.markolaw.com

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