My Child Was Injured by an Exposed Screw at an Indoor Playground. Was This Negligence?
Based on a type of case handled by Florida attorney Juan Cordero — Florida Lawyer Since 1999.
Short Answer
An exposed fastener on children's play equipment can raise questions about installation, inspection, maintenance and equipment design.
From a Case I Handled
I handled a case involving a child at an indoor playground where a screw was allegedly left exposed. The child sustained a head injury.
What I Look For
In a matter like this, I would investigate: photos and measurements; equipment preservation; installation instructions; maintenance/inspection logs; manufacturer information; prior repairs/complaints; surveillance; responsible contractor.
What This Case Teaches About Negligence
Child-play equipment cases often require immediate documentation of the exact component before it is repaired or altered.
Preserving the exact condition of the equipment — including the exposed screw, its location, and the surrounding hardware — before the facility repairs it is critical. Once repaired, the physical evidence of the defect is gone. Immediate photographs and a request to preserve the equipment are essential.
Applicable Florida Law
Florida premises liability law applies to indoor playgrounds. Children's play equipment must meet applicable safety standards. The facility's inspection and maintenance practices, manufacturer installation instructions, and prior complaints are all relevant. Florida law recognizes that children may not appreciate dangers that adults would avoid. See Fla. Stat. § 768.0755; Fla. Stat. § 768.81.
What the Defense May Dispute
Depending on the facts, disputed issues may include whether a dangerous condition actually existed, who created or controlled it, notice, whether reasonable inspections were performed, whether the condition was open and obvious, comparative fault, causation, the nature and extent of injury, and damages. The applicable defenses vary by claim.
What to Do After a Similar Incident
Seek appropriate medical care; report the incident; preserve photographs or video if safely possible; identify witnesses; keep relevant receipts, clothing or physical evidence; avoid altering important evidence; and consider promptly requesting preservation of surveillance or other records that may be overwritten.
Frequently Asked Questions
What should I do immediately if my child is injured at a playground?
Seek medical care immediately; photograph the exact defect before it is repaired; report the incident to the facility; identify witnesses; and request preservation of maintenance records and surveillance footage.
Does the child's age affect the negligence analysis?
Yes. Florida law recognizes that children may not appreciate dangers that adults would avoid. The open and obvious defense may be less effective when the injured party is a child. The child's age and developmental stage are relevant factors.
Can I sue both the playground facility and the equipment manufacturer?
Potentially yes. If the equipment was defectively designed or manufactured, a products liability claim against the manufacturer may be available in addition to a premises liability claim against the facility.
Related Practice Areas & Resources
More Florida negligence analysis: Florida personal injury attorney Juan Cordero publishes additional real-world Florida negligence case scenarios — covering premises liability, slip and fall, negligent security, and wrongful death — at IsThisNegligence.com. Each scenario is analyzed under Florida law by Juan J. Cordero, Esq., a Florida personal injury lawyer since 1999.
Were You Injured in a Similar Situation?
Juan Cordero Lawyers can review the facts and explain what evidence may need to be investigated or preserved. Every case depends on its own facts and law, and past matters do not guarantee future results.
Florida Lawyer Since 1999 · Florida Bar No. 179728