Introduction:

Playgrounds should be safe spaces for children to play and explore without fear of injury. Unfortunately, when they are not properly maintained or supervised, accidents can lead to serious injuries.

This case study describes how our Bronx personal injury lawyers successfully represented a young child injured at Crotona Park playground, securing compensation for medical treatment and future care. Our experience and commitment to justice were crucial in achieving a positive outcome for the family.

Background:

Our client, seven-year-old Isabella P., was playing at Crotona Park playground when she was injured on an old, poorly maintained jungle gym. As Isabella climbed the structure, a loose and rusted metal bar gave way, causing her to fall several feet onto the hard ground. She sustained multiple injuries, including a broken arm, dislocated shoulder, and concussion. Isabella required surgery and was emotionally affected, becoming fearful of playgrounds and activities she once enjoyed.

Initial Challenges:

Isabella’s parents faced overwhelming medical bills and were frustrated by the city’s lack of response regarding the deteriorating playground equipment. The city’s insurance provider quickly offered a low settlement, insufficient to cover Isabella’s medical expenses, future care, and emotional trauma. Seeking justice for their daughter, Isabella’s parents contacted our firm for legal help.

Our Legal Approach:

1. Investigating the Playground Conditions:

We conducted a thorough investigation of the playground, documenting hazardous conditions such as loose and rusted bars. Maintenance records from the city’s parks department revealed a history of neglect, proving the city was aware of the dangerous conditions but failed to take corrective action.

2. Gathering Medical Evidence:

We worked with pediatric specialists to document Isabella’s injuries, treatments, and the potential long-term impact of her broken arm and dislocated shoulder. We also gathered evidence of the emotional impact, including anxiety and fear, to support her claim for pain and suffering.

3. Determining Liability:

Our legal team reviewed the city’s responsibilities under New York City law, which requires regular inspections and maintenance of public playgrounds. We proved that the city violated these laws by failing to address the unsafe conditions, establishing a strong case for liability.

4. Dealing with the City’s Insurance Provider:

The city’s insurance provider attempted to downplay Isabella’s injuries and shifted blame onto her parents for not supervising her closely. We countered with strong evidence of the city’s duty to ensure playground safety and demonstrated that their negligence caused Isabella’s injuries.

5. Calculating Full Compensation:

We carefully calculated Isabella’s losses, including:

- Medical Expenses: Current and future costs, including surgery and physical therapy.

- Pain and Suffering: Compensation for physical pain, emotional distress, and loss of enjoyment.

- Impact on Quality of Life: Limitations on her activities and fear of playgrounds.

- Future Care: Potential need for psychological support to overcome trauma.

6. Negotiating a Fair Settlement:

With strong evidence and a clear understanding of Isabella’s needs, we entered into negotiations. Our firm’s reputation and thorough preparation led to a significantly higher settlement, covering all medical expenses, pain and suffering, and additional funds for future care.

Outcome:

The settlement provided financial relief for Isabella and her family, allowing her to access the medical and psychological resources needed to recover. The compensation not only covered her immediate needs but also supported her future well-being, helping her regain confidence in outdoor activities.

Conclusion:

This case underscores the importance of experienced legal representation when a child is injured at a public playground. Our thorough investigation and strategic negotiation ensured that Isabella received full compensation.