The plaintiff child, from Waterbury, Connecticut, was attending private school when he was using a play scape during recess. The plaintiff fell off the playscape fracturing his right arm. The thrust of the plaintiff minor's case was that the play scape did not have an adequate supply of protective ground surfacing. The plaintiff hired a certified playground expert. The plaintiff had surgery performed on his right arm. The fracture did not result in a permanent partial impairment of the right upper extremity. The case was filed in the Waterbury Superior Court where it was then mediated and resolved for $80,000.00 with the help of an experienced trial judge.
When addressing a playground accident, parties should be aware that the US Consumer Product Safety Commission has a Public Playground Safety Handbook designed to promote guidelines for playground safety awareness. Connecticut adopts the Public Playground Safety Handbook under Consumer Protection Administrative Regulation 21a-12a-2. This regulation incorporates by reference the guidelines in the handbook noting that they are "voluntary guidelines for playground equipment in this state." The Connecticut regulations are applicable for parks, schools or playgrounds that are public rather than private. However, the guidelines could be used to establish "some evidence" of a breach of a standard of care in a private playground setting.
If your child was recently injured in a similar activity, call on The Rotatori Law Firm at (203) 264-3313 for the support you need.