Can I Sue If My Child Gets Injured at the Playground?

Brian Magnosi | Accident,Personal Injury | July 31, 2025

As a mother and a playground injury lawyer NYC, I know there’s no sound more terrifying than your child crying out in pain. One moment they’re laughing on the playground—just being a kid—and the next, you’re racing to the emergency room with a child who’s been seriously hurt.

If you’re reading this, you’re likely asking yourself: “Could this have been prevented?”
And more urgently: “Can I sue if my child was injured at the playground?”

The short answer is: Yes, in many cases, you can. But let’s unpack what that really means—and what you, as a mother, need to know right now.

What Every NYC Mom Needs to Know from a Playground Injury Lawyer NYC

It’s easy to chalk up playground injuries as “just part of childhood.” And sometimes, that’s true. But not always.

When a swing breaks, when the surface under the jungle gym is nothing but hard concrete, or when no adult is around to supervise at a daycare or school playground—those injuries aren’t just accidents. They’re preventable.

And preventable injuries often point to one thing: negligence.

What a Playground Injury Lawyer in NYC Looks for in a Negligence Case

Negligence means someone failed to act with reasonable care. In a negligence playground injury, that could mean:

• A school failing to provide proper supervision
  
• A property owner ignoring broken or rusted equipment
  
• A daycare allowing children to use equipment meant for older kids
  
• The city failing to maintain public parks
  

In any of these cases, someone may be legally responsible for your child’s injury, and you have the right to take legal action.

Common Playground Injuries That Could Lead to a Lawsuit

I’ve worked with many New York families whose children suffered serious, life-changing injuries because of poorly maintained playgrounds or inattentive supervision. These injuries include:

• Broken bones
  
• Concussions or traumatic brain injuries
  
• Spinal injuries
  
• Severe lacerations or disfigurement
  
• Dental injuries
  
• Internal injuries from falls
  

While Band-Aids work for skinned knees, these injuries go far beyond that. They may involve surgery, long-term therapy, emotional trauma, and yes, medical bills you shouldn’t have to carry alone.

Emotional Trauma Is Real—for You and Your Child

No one talks enough about the fear and guilt that come after an injury like this. As moms, we blame ourselves. “Maybe I should’ve watched more closely.”“Maybe I shouldn’t have let them play on that part of the equipment.”

Please hear me when I say: this is not your fault.
When someone else fails to make a space safe for children, they’re the ones responsible—not you.

And taking legal action isn’t about revenge—it’s about protecting your child’s future and holding the right people accountable.

Can You Sue for a Playground Injury? A Lawyer Explains Your Rights

Yes, you can sue if your child’s injury was caused by someone else’s negligence. That might include:

• The City of New York (for injuries in public parks)
  
• A private property owner or management company
  
• A school, daycare, or after-school program
  
• A playground equipment manufacturer (in cases of product defects)
  

As a playground injury lawyer NYC with over 40 years of experience fighting for New York families, I can tell you—these cases are never one-size-fits-all. That’s why it’s critical to talk with a lawyer who truly understands how these cases work.

Special Rules for Suing the City or a Public Entity

If your child was hurt in a public park or school playground, the rules are different. You must file a Notice of Claim within 90 days of the injury to preserve your right to sue the city or a public agency.

That’s not much time when you’re busy taking care of an injured child, so don’t wait.

What to Do If Your Child Was Injured at the Playground

If you’re dealing with the aftermath of a serious playground injury, here’s what you can do right now to protect your child and your legal rights:

1. Get Medical Attention Immediately

Even if the injury seems minor, always get it checked. Some injuries—like concussions or internal damage—aren’t visible right away.

2. Document Everything

Take photos of the scene, your child’s injuries, and any unsafe equipment. Get the names of witnesses or staff. If it happened at school or daycare, ask for an incident report.

3. Contact a Personal Injury Lawyer

Playground injury cases can be complex. The sooner you speak with a lawyer, the better your chances of holding the right party accountable. At Mirman, Markovits & Landau, P.C., we’re proud to stand up for parents as a trusted playground injury lawyer NYC, fighting for accountability and justice.

At Mirman, Markovits & Landau, P.C., we offer free consultations—and we never charge a fee unless we win your case.

You’re Not Alone—Let Us Fight for Your Family

I understand this both professionally and personally. As a mother, I know the fear that grips your heart when your child is in pain. As a lawyer, I’ve spent decades helping families just like yours navigate the legal system to get the support and compensation they deserve.

You may not know what comes next. But you don’t have to walk through it alone.

Let us take that burden off your shoulders, so you can focus on your child’s healing.

📞 Call us at 212-227-4000 or visitmirmanlawyers.com to schedule your free case review today.