Playground/Amusement Park Accidents/Safety
When legal professionals come to us with a playground or amusement park-related matter, they require careful analysis to understand the circumstances of an accident and what factors were relevant to the incident. Accidents at these facilities may involve multiple elements including equipment use, equipment condition and maintenance, supervision practices, staff training, and adherence to applicable safety standards. Our forensic team provides comprehensive investigation of these incidents by examining all relevant factors, including equipment design and specifications, maintenance records and practices, staff qualifications and training, and applicable safety regulations. We offer evidence-based analysis to assist legal professionals in understanding the technical and factual aspects of these cases.
Attorneys typically require understanding of how the equipment was used, the condition and maintenance status of the equipment involved, whether the equipment met applicable design and safety standards, and the relevance of supervision and staff training. We begin by reviewing incident reports, photographs, and video footage of the accident, as well as maintenance records for the equipment involved. Our team conducts inspection of the equipment when possible to assess its design, condition, and compliance with applicable safety standards. Additionally, we review documentation regarding the training and qualifications of staff present at the time of the incident, including their instruction in emergency response procedures and supervision practices. This systematic approach enables us to evaluate what factors were relevant to the incident and whether deviations from applicable standards occurred.
Our analysis is informed by comprehensive knowledge of playground and amusement park operations and applicable safety standards. We are familiar with the regulatory framework governing these facilities, including ASTM (American Society for Testing and Materials) standards, CPSC (Consumer Product Safety Commission) guidelines, and applicable local safety codes. Our experts bring backgrounds in mechanical engineering, biomechanics, safety management, recreational facility operations and are Certified Playground Safety Inspectors (CPSI), enabling us to evaluate compliance with applicable regulations and standards of playgrounds and amusment parks. This includes assessment of safety barriers and protective equipment, the documentation and frequency of equipment inspections, and the implementation of hazard identification and assessment procedures.
Our forensic reports are thorough, well-documented, and grounded in applicable safety standards and industry practices. We explain technical issues and engineering principles in language that is accessible to legal counsel, judges, and juries. Regardless of whether the engagement involves representation of an injured party or representation of a facility, our analysis maintains objectivity and is based on applicable safety standards, regulatory requirements, and documented evidence. We are available to provide expert testimony in court, presenting our findings and analysis in a clear manner that addresses the technical aspects of the incident.
If you are handling a playground or amusement park-related legal matter and need expert forensic analysis to evaluate equipment condition and use, safety standards compliance, maintenance practices, or regulatory adherence, we are available to assist. Please contact us to discuss how our expertise in biomechanics, equipment analysis, and playground safety standards can address the specific technical and forensic questions in your matter.
Premises liability is the area of law that holds property owners and occupiers responsible for accidents and injuries that occur on their property due to unsafe or hazardous conditions. This could include slip, trip, and fall accidents, injuries from falling objects, or accidents caused by poor maintenance or inadequate security on the premises.
Typically, the property owner or the person who occupies or controls the property (such as a landlord, business owner, or tenant) is responsible for maintaining the premises in a reasonably safe condition. However, responsibility can also extend to contractors or maintenance workers if their actions contribute to hazardous conditions.
Common accidents that fall under premises liability include:
- Slip-and-fall accidents (due to wet floors, uneven surfaces, or poor lighting)
- Trip-and-fall accidents (e.g., tripping over obstacles or poor flooring)
- Injuries from falling objects (e.g., merchandise falling in stores)
- Dog bites (if the property owner is negligent in controlling dangerous animals)
- Swimming pool accidents (due to poor maintenance or lack of safety measures)
- Security-related injuries (e.g., assaults due to inadequate lighting or security measures)
Property owners owe different duties to different types of visitors:
- Invitees (those invited for business purposes, like customers): Must keep the premises reasonably safe, warn of known dangers, and repair hazardous conditions
- Licensees (social guests): Must warn of known dangers but are not required to inspect the property regularly for hazards
- Trespassers (those on the property without permission): Owners generally owe no duty to trespassers except to avoid intentional harm, although there are exceptions for children and certain situations
Several factors determine liability in premises liability cases, including:
- Whether the property owner was aware of the hazardous condition
- Whether the owner had a reasonable amount of time to fix the problem
- Whether the property owner failed to fix or warn about a known hazard
- Whether the injured person was lawfully on the property
- Whether the injured person contributed to the accident through negligence
The time limit for filing a premises liability claim depends on the jurisdiction and is governed by the statute of limitations. Typically, you have between 1 to 6 years to file a lawsuit from the date of the injury, but the timeframe varies based on local laws and the type of claim. It’s important to file as soon as possible to avoid losing your right to pursue legal action.
If you were injured at a business or commercial property, the owner may be more likely to be held liable due to their higher duty of care to invitees (customers). Businesses are expected to maintain their premises and provide warnings about any hazards. They also may be required to regularly inspect the property for potential dangers.
If you are injured on someone else’s property, you should:
- Seek medical attention immediately, even if your injuries seem minor
- Document the accident scene with photos, noting any hazards or unsafe conditions
- Report the incident to the property owner or manager and get a copy of the report
- Collect witness information if there are any bystanders
- Consult with a premises liability attorney to assess your case and determine if you have grounds for a claim
If a property owner is uninsured or has limited insurance coverage, you may still pursue personal assets or file a claim against a third party (such as a contractor, maintenance company, or security firm) if their negligence contributed to the injury. If the property owner has liability insurance, it typically covers most premises liability claims.
P.E. — President, Civil Engineer
Ronald J. Cohen, P.E., is a Civil Engineer with a Bachelor of Science degree and over forty years of engineering experience. Mr. Cohen joined the firm in 1994 and has served as its Vice President since 2003. Prior to joining Consulting Engineers & Scientists, Inc., Mr. Cohen was…
Ph.D. — Vice President, Biomechanical & Biomedical Engineer
Andrés J. Calderón, Ph.D., has a Bachelor of Science degree in Mechanical Engineering and a Master of Science and a Doctor of Philosophy degree in Biomedical Engineering. He has worked in the fields of biomechanical and biomedical engineering for over 16 years.
Civil Engineer
Harry J. Dales is a Civil Engineer with a Bachelor of Science degree in Civil Engineering and over 25 years of engineering experience. Mr. Dales has extensive experience in engineering and construction, including roadways, highways, parking lots, traffic controls…
CIH, CSP — Vice President, Industrial Hygiene & Safety Specialist
Michael E. Goldberg, CIH, CSP is a Board Certified Industrial Hygienist with a Bachelors of Science Degree in Occupational Environmental Health and Safety and a Masters of Science Degree in Environmental Health and Industrial Hygiene, with over 19 years…
AIA, NCARB — Vice President, Registered Architect
David M. Kenney, A.I.A., is a Registered Architect with a Bachelor of Architecture degree and over twenty-five years of architectural experience. Prior to joining the firm, Mr. Kenney was founder and President of DM Kenney Architects with architectural and construction management…
AFAA — Certified Personal Fitness Trainer
Debra L. Hufnagel, AFAA, is a Certified Personal Fitness Trainer with over 15 years experience in physical fitness training and equipment. Prior to and concurrently with joining the firm, Ms. Hufnagel is the owner of Fit For Life, a personal fitness training company where she…
Safety & Security Consultant
Joseph T. Potterton has been the Operations Manager responsible for the training and education of 140 Security Officers and thousands of health care professionals employed at a large inner-city hospital in Philadelphia since 1992. He has over 25 years of experience…
