Summer is almost here. Longer days, more time outside, more hours at the park.
As a personal injury attorney, I handle cases where people are hurt because of someone else's negligence. As a mom, I spend a lot of time on playgrounds. Those two worlds collide more often than most people realize.
I live in a community where a new playground has been causing problems since it opened. Kids getting hurt. Ambulances called. Parents asking each other if they have heard about what happened. And every time, the same conversation: "Someone should do something about that."
This is not a scare piece. I am not here to make you afraid of the park. I am here to tell you what I would want any parent to know heading into summer, both as someone who handles these cases and as someone sitting on the bench next to you watching her kids play.
Not every playground injury is just a kid being a kid. Sometimes the design is flawed. Sometimes the equipment is broken or outdated. Sometimes the surface material is wrong for the height of the structures.
There are actual safety standards for this. The Consumer Product Safety Commission publishes guidelines on fall zones, surface materials, age-appropriate equipment, and spacing. Most parents do not know these exist. Most parents should not have to. But when a playground is built or maintained in a way that ignores these standards, injuries happen that should not. Here is what I look for when I walk onto a playground:
Concrete or packed dirt under climbing structures is a red flag. Engineered wood fiber, rubber mulch, or poured-in-place rubber are designed to absorb impact.
Equipment height should match the surfacing. A 10-foot climbing wall over 2 inches of mulch is not safe, no matter how fun it looks.
Gaps between 3.5 and 9 inches can trap a child's head. Openings on elevated platforms without guardrails are a risk for younger kids.
Broken chains, exposed bolts, rusted hardware, cracked plastic. Equipment deteriorates. The question is whether anyone is inspecting it.
Equipment designed for 5-to-12-year-olds is different from equipment designed for 2-to-5-year-olds. When they share the same space without separation, the risk goes up.
If a playground feels off to you, trust that instinct. You do not need to be a safety inspector. You just need to pay attention.
When a child is injured on a playground, the question of responsibility depends on who owns and maintains the property.
Public playgrounds (city parks, school grounds, community centers) are maintained by government entities. In Florida, government agencies have a duty to maintain public spaces in a reasonably safe condition. If they know about a hazard and fail to fix it, or if the hazard has existed long enough that they should have known, they can be held liable. Sovereign immunity creates additional procedural requirements for claims against government entities, including shorter filing deadlines. An attorney can walk you through those.
Private playgrounds (HOA common areas, daycare facilities, private schools, businesses with play areas) are maintained by the property owner or management company. The standard is the same: they must maintain the space in a reasonably safe condition and address known hazards.
Equipment manufacturers can also bear responsibility if the design itself is defective, meaning the equipment fails or creates a hazard even when installed and used correctly.
Here is what matters for parents: the fact that your child was playing on a playground does not mean the injury was just an accident. If the equipment was broken, the design was flawed, or the property owner knew about a hazard and did nothing, there may be a claim.
In the moment, your only job is your child. Get them the care they need. Everything else can come after.
Once your child is safe and treated, here is what I would recommend:
Take photos of the equipment, the surface, the area around it. If something is broken or looks wrong, photograph it. Do this the same day if possible, because things get repaired, replaced, or cleaned up.
If it is a public park, report it to the city or parks department. If it is a private facility, report it to the property manager. Ask for a copy of the incident report. If they do not create one, send a written notice (email works) documenting what happened, when, and where.
Every visit, every diagnosis, every follow-up. If your child sees a pediatrician, urgent care, or emergency room, keep that documentation organized from the start.
Write down what happened while it is fresh. What was your child doing? What did the equipment look like? Were there other witnesses? Were there any signs posted about equipment being out of order?
If a property manager or insurance company contacts you with paperwork, do not sign it before consulting an attorney. Early releases and statements can affect your ability to pursue a claim later.
Not every playground scrape needs a lawyer. But if your child needed emergency care, had a fracture, needed surgery, or has ongoing symptoms, it is worth a conversation. Our personal injury attorneys offer free consultations, and the conversation itself costs you nothing.
When your child goes to school, you trust that the playground is a safe place to run, climb, and play. Unfortunately, accidents can still happen if equipment is poorly maintained, play areas are overcrowded, limited supervision, or safety rules aren’t enforced. Every parent should be aware of the most common risks, including falls from unsafe structures, injuries from defective or broken equipment, and injuries with other kids on the playground. Under the Florida Playground Safety Act, public playgrounds are required to comply with national safety standards set by ASTM International and the Consumer Product Safety Commission (CPSC). The law requires public playgrounds to undergo inspections by a Certified Playground Safety Inspector (CPSI). Florida schools have a duty to use reasonable care to maintain safe playground conditions, which includes inspecting for hazards and addressing dangerous conditions within a reasonable time.
If your child does get hurt on the school playground, try to document the scene, if possible, Take pictures of the equipment and/or error where the injury occurred, other visible hazards and your child’s injuries.
Summer means more time outside. More parks, more pools, more playgrounds, more camps. That is a good thing. Kids should be outside. They should be climbing and running and doing all the things kids do.
But as a parent and as an attorney, here is what I want you to take into summer:
If equipment looks wrong, do not let your kid use it. You do not owe the playground the benefit of the doubt.
Know who to contact. Your city's parks department, the facility manager, the HOA. If something is broken, report it. You might be the reason the next kid does not get hurt.
Age-appropriate conversations about checking equipment before climbing, watching for broken parts, and telling an adult if something feels unsafe.
Not for scrolling. For documenting. If something happens, your phone is your best tool for preserving evidence in real time.
The goal is not to be afraid of the park. The goal is to be informed and ready, so that if something does happen, you know what to do and you do not lose the ability to hold the right people accountable.
--> If your child has been injured at a playground, park, or public space, a free consultation can help you understand whether the property owner may be responsible and what your options are.
--> Share this with a parent heading into summer. They will want this information before they need it.
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