The board of the Chicago Park District is considering a settlement in a case that resulting from an injury that occurred in September of 2014. The incident involved a young girl who was playing on one of the city's playgrounds when she fell and injured her head on a metal spike that was exposed on the playground. When she fell, the spike caused her to suffer a serious injury near her right eye. The young girl's grandmother was only aware of the problem when the child began to yell and scream in pain.
The Case Against the Chicago Park District
The board is now weighing out options for a settlement to resolve the case. The girl was required to have 5 stitches for her injury, and may possibly need future cosmetic surgery. The metal pipe sticking out of the ground was leftover from the city's efforts to change out the current playground equipment for some new fixtures. The Park District had failed to remove the metal spike for some time prior to the incident, according to the girl's attorney. The spike itself was a metal pole or pipe with a jagged edge, likely from the equipment removal process, and it stuck about 14 inches out of the ground in a "heavily trafficked" area of the park. The attorney further states that although the Parks District had been notified of the presence of the pipe after the girl was injured, the spike itself was not cleared or removed until January of 2015. The settlement will be for $100,000 and is intended to help cover the girl's current and future medical expenses until she reaches the age of 18. The board has been advised by their counsel to consider the settlement, and no lawsuit has been officially filed at this time. No further comments have been made from the Parks District.
Injuries at the Park
While playgrounds and parks are typically safe areas, certain factors can play into a person's injuries while on the playground. In this case, it was a leftover piece from the deconstruction of prior playground equipment. In other cases, certain equipment may be malfunctioning or even designed improperly. Examination of parks equipment is often necessary in these cases. In addition, parks and playgrounds are often the property of the state, which can mean there is a requirement to give the state notice in order to file a case. It is important to be aware that the time frame to file notice may be shorter than the statute of limitations. In addition, another factor also may play a role is the age of the injured party as a majority of injuries at a park are accrued by children far below the age of 18.
A competent and experienced attorney can help determine what deadlines are applicable in your case. When you or your loved one is injured, it is important to consult with an attorney who can pay attention these intersects of the law. If you believe you have a case, contact the legal professionals at Gilman & Bedigian today.