What are our rights if my son suffered a broken arm while at an indoor playground facility?

We were told after the incident that the business would not help with any medical bills since they were a “play at your own risk” facility. After returning to the business following the injury, I noted that the only visible sign that stated “play at your own risk” was located in the play structure itself and not clearly visible to any patrons other than the children that were in the play structure. Furthermore, there were no signs on the entrance or at the admission counter denying their liability for any injuries. We did not sign a liability waiver nor did the employees discuss any risks or liability when we paid for our child’s admission. Can the business be held liable?

Asked on September 28, 2015 under Personal Injury, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

They can only be held liable if at fault in some way. That means that, for example, if the play equipment was badly designed, manufactured, assembled, or otherwise inherently dangerous, then they may be liable. Or if some employee there accidentally or deliberately pushed or shoved your child or if they allowed an unsafe number of children to use the equipment or occupy the space at the same time. If not at fault, though, they would not be they are not your insurer, and are only liable if and to the extent they are at fault. Using an indoor playspace is inherently somewhat risky you assume the risk of the typical or ordinary injuries that can happen in such a space and on such equipment when you let your child play there, and they are only responsible for injuries caused by some unsafe condition or behavior on the playspace's part.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.