Who Is Responsible When My Child Is Injured at an Indoor Playground?

Why Can the Indoor Playground Be Held Responsible for My Child’s Injury? 

As parents, we love indoor playgrounds. (In fact, the industry is growing at an annual 10% rate.) Rain or shine, harsh winter temperatures or burning Texas heat, they are an oasis where kids can burn off energy. You expect these businesses to be safe havens that are padded, monitored, and maintained.

Serious injuries that a child experiences at an indoor playground, such as a broken arm, head injury, or severe finger injury, caused by the facility’s failure to act responsibly, are viewed differently than typical “kids will be kids” play. For example, if the playground owner knew or should have known about a hazard and failed to fix it or warn your family, then they may be held liable for your child’s injury.

In Texas courts, responsibility for a child’s injury usually lands on a facility when it prioritizes profits over safety protocols.

Can I Still Take Legal Action If I Signed a Waiver at an Indoor Playground?

The short answer is: Yes, do not let a waiver stop you from seeking help for your child’s injury. Read this article for more information.

What Counts as Negligence at an Indoor Playground?

In legal terms, negligence means the indoor playground failed to do what a reasonable business would do to keep kids safe.

In our experience advocating for families after injuries at indoor playgrounds, negligence often looks like:

• Layout Failures: Designing or arranging play structures that create entrapment hazards or are not properly designated for appropriate age groups.
• Overcrowding: Not limiting the number of children allowed into the facility at one time.
• Poor Maintenance: Ignoring broken equipment such as exposed metal springs or torn safety netting, failing to sanitize surfaces, or delaying repairs on out-of-order structures that are not properly blocked off.
• Unsafe Conditions: A lack of padding on hard surfaces or allowing mixed age groups from toddlers to teenagers in the same play areas. 

Check out these tips to help you spot safety hazards at indoor playgrounds.

Does an Indoor Playground Have a Duty to Supervise My Child?

Yes, an indoor playground must provide general supervision to ensure the established rules are being followed, such as no running, kids are playing in the appropriate areas, and there is no roughhousing happening in any areas of the facility.

Negligent supervision occurs when a playground is understaffed or when staff members are distracted by their phones or talking to each other rather than actively monitoring the floor. If a staff member sees dangerous behavior, such as mixed age groups playing in the same area or double bouncing on trampolines, and fails to intervene, the indoor playground can be held responsible for any resulting injuries.

How Long Do I Have to Take Legal Action Against an Indoor Playground After My Child’s Injury?

In Texas, you have a two-year time limit to take legal action by filing a child injury lawsuit or claim. This is also called the statute of limitations.

Our experienced child injury lawyers at The Button Law Firm help families across Texas understand their rights after a child is injured due to unsafe conditions at places like indoor playgrounds. These cases are classified as premises liability and can be complex. That’s why you want our knowledgeable team on your side to guide you through each step in the legal process and allow you to make the best decision for your family. You can also learn more about child injury lawsuits in this article.

If your child was injured at an indoor playground, call us at 214-699-4409, email us at intake@buttonlawfirm.com, or fill out a contact form for a free case evaluation. Our legal team works on contingency, meaning we don’t charge you or collect any upfront fees to get started on your case.