Improperly Installed Slide/TBI

[Moofies]

My daughter (9) went down a slide at my apartment complex's playground and sustained a head injury. The slide was not properly bolted down and had been moved which caused her to collide headfirst with a sharp wooden pole corner.

My daughter was taken to the ER where they gave her CT. She was diagnosed with a closed head injury and concussion/tbi.

Some other information: This slide broke several months ago and was removed to sit on the playground bark for weeks with a single traffic cone blocking off where it used to sit. It was later 'fixed' but as it turns out whoever fixed it didn't secure it whatsoever. It wasn't screwed nor bolted down but clearly it was supposed to be.

I also have video of another kid almost flipping head first right into the cement block the same day as my daughter was injured. It also shows another child kicking the slide with their toe and causing the entire slide to fall off the set.

I'm just wondering what legally I'm looking at with this. I feel like it was very much neglect on behalf of the apartment that was supposed to safely maintain the playground. I'm hoping it isn't unreasonable to expect medical compensation for my child's medical expenses but I'm also concerned that there may be long term repercussions.

Any advice is very much appreciated. Thank you in advance.

 

[Moofies]

As a side note, I took my concerns to the other parents and they are all aware not to play they right now, but the office is not open so I'm not sure that there's much I can do in the meantime to keep the kids clear of it.

 

[Just Blue]

My daughter (9) went down a slide at my apartment complex's playground and sustained a head injury. The slide was not properly bolted down and had been moved which caused her to collide headfirst with a sharp wooden pole corner.

My daughter was taken to the ER where they gave her CT. She was diagnosed with a closed head injury and concussion/tbi.

Some other information: This slide broke several months ago and was removed to sit on the playground bark for weeks with a single traffic cone blocking off where it used to sit. It was later 'fixed' but as it turns out whoever fixed it didn't secure it whatsoever. It wasn't screwed nor bolted down but clearly it was supposed to be.

I also have video of another kid almost flipping head first right into the cement block the same day as my daughter was injured. It also shows another child kicking the slide with their toe and causing the entire slide to fall off the set.

I'm just wondering what legally I'm looking at with this. I feel like it was very much neglect on behalf of the apartment that was supposed to safely maintain the playground. I'm hoping it isn't unreasonable to expect medical compensation for my child's medical expenses but I'm also concerned that there may be long term repercussions.

Any advice is very much appreciated. Thank you in advance.

What state?

 

[Moofies]

Washington State. Sorry about that I totally forgot to put that there.

 

[adjusterjack]

I won't guarantee anything but, yes, there does appear to be negligence on the part of the apartments.

Put your notice in writing and deliver to the management office in the AM. Find out who the owner is and send him a duplicate of the notice. You can find out his name and address from the county property assessor's ownership records.

Make sure you get plenty of pictures of the scene and the condition of the slide, especially that it's not bolted down and the absence of warning signs.

Then wait. Nothing will happen overnight. Might be a week or two before you hear from the apartment's liability insurance company.

Meantime, tend to your daughter's well-being.

Considering the serious nature of your daughter's injury you would be wise to have a consultation with a personal injury attorney and review your options.

 

[quincy]

My daughter (9) went down a slide at my apartment complex's playground and sustained a head injury. The slide was not properly bolted down and had been moved which caused her to collide headfirst with a sharp wooden pole corner.

My daughter was taken to the ER where they gave her CT. She was diagnosed with a closed head injury and concussion/tbi.

Some other information: This slide broke several months ago and was removed to sit on the playground bark for weeks with a single traffic cone blocking off where it used to sit. It was later 'fixed' but as it turns out whoever fixed it didn't secure it whatsoever. It wasn't screwed nor bolted down but clearly it was supposed to be.

I also have video of another kid almost flipping head first right into the cement block the same day as my daughter was injured. It also shows another child kicking the slide with their toe and causing the entire slide to fall off the set.

I'm just wondering what legally I'm looking at with this. I feel like it was very much neglect on behalf of the apartment that was supposed to safely maintain the playground. I'm hoping it isn't unreasonable to expect medical compensation for my child's medical expenses but I'm also concerned that there may be long term repercussions.

Any advice is very much appreciated. Thank you in advance.

I am sorry to hear about your daughter. I hope she recovers fully from the accident.

Here is a link to attorney resources in Washington:

https://www.wsba.org/for-the-public/find-legal-help

Any information you have received from the apartment management/owner about the apartment playground equipment, from the start of your residency to now (including lease agreement information, notices of maintenance issues, etc) should be gathered together for a personal review by a personal injury attorney in your area.

If signs have not been posted yet, warning that the slide is unsafe, you can post your own signs or use “crime tape” to block off the slide from use by others. The apartment management should have done this already.

I agree with you that it is probably not “unreasonable” to expect compensation for your daughter’s medical expenses or for any long-term medical needs as a result of the accident, based strictly on what you have said here. A personal injury attorney in your area can determine this better after a review of all facts.

The initial consultations with the attorney(s) you meet with are generally free. In addition, personal injury attorneys typically work on a contingency basis, where the attorney will be paid a percentage of the damages awarded in the lawsuit or from the amount of settlement reached. There are generally no up front costs that you must pay.

I again am sorry to hear of your daughter’s accident and injury.

 

[Moofies]

Thank you both.

There were no notices when the slide was initially broken, just a single traffic cone. It was supposedly fixed months ago but as I stated, it ended up only being leaned against the playset, sadly.

I did get in touch with an injury lawyer near by. I recall 'contingency fee' being mentioned. She basically told me that would only apply if they needed to pay for her medical records but since I have them then she assured that I likely won't incur any other fees from them.

And you guys were right; she said to just email or go in person and explain my daughter was injured and that their slide is still broken and leave the rest to her.

I can't tell you all how relieved I am to not have to be neck deep in talking with them, as the lawyer said they'd take care of EVERYTHING.

As a side bonus, this particular lawyer has dealt with a lot of playground accidents and feels as though this is a pretty solid case to handle. So I'm grateful.

Thank you all once again for the quick responses. I appreciate it very much.

 

[quincy]

Thank you both.

There were no notices when the slide was initially broken, just a single traffic cone. It was supposedly fixed months ago but as I stated, it ended up only being leaned against the playset, sadly.

I did get in touch with an injury lawyer near by. I recall 'contingency fee' being mentioned. She basically told me that would only apply if they needed to pay for her medical records but since I have them then she assured that I likely won't incur any other fees from them.

And you guys were right; she said to just email or go in person and explain my daughter was injured and that their slide is still broken and leave the rest to her.

I can't tell you all how relieved I am to not have to be neck deep in talking with them, as the lawyer said they'd take care of EVERYTHING.

As a side bonus, this particular lawyer has dealt with a lot of playground accidents and feels as though this is a pretty solid case to handle. So I'm grateful.

Thank you all once again for the quick responses. I appreciate it very much.

We all appreciate the thanks, Moofies, so thank you.

I am happy that you have an experienced attorney who will handle the accident and injury claim for you. Good luck.

Best wishes to your daughter.

 

[adjusterjack]

I did get in touch with an injury lawyer near by.

What does that mean?

Did you just talk on the phone or did you go to her office, carefully read, and sign a contingency fee agreement?

And did she then tell you exactly what to say and how to say it when you go to the management office?

It's one thing if you haven't officially hired her yet, but if a hiring did occur, she should be the one making the initial contact as your representative and you shouldn't be talking about the claim to your adversaries.

That's what it means to be represented by an attorney.

 

[Moofies]

That's all what's supposed to happen tomorrow. Going over all the stuff for it to be official in the morning.

I had a phone consult and she basically gave me the low down. I dunno, it sounded pretty good to me.

So no, it's not official yet.

 

[quincy]

The apartment management should be notified as soon as possible about the damaged slide and your daughter’s injury. A phone call or text or email is fine, followed up by a formal letter. You are the proper person to inform management. The attorney does not need to make this initial contact.

When you meet with the attorney tomorrow, read over carefully any contract you are asked to sign. Do not sign anything until you fully understand all terms. Make the attorney explain everything, over and over again if necessary, so that you are clear exactly what the attorney will do for you and what it will cost.

If you want to interview other lawyers before signing with one, that’s okay. The attorney you see tomorrow should not be upset if you want to explore your options.

Good luck.

 

[Moofies]

It’s Sunday. I imagine any attorney contact was by phone.

The apartment management should be notified as soon as possible about the damaged slide and the daughter’s injury. A phone call or text or email is fine, followed up by a formal letter. Moofies is the proper person to inform management. The attorney does not need to make this initial contact.

That's pretty much what the attorney said on the phone. I didn't see any reason why she'd mislead me since she already assured me she's willing to take the case.

 

[Moofies]

Thank you, that all sounds like very good advice. I might just go ahead and call around tomorrow and see if I have some better luck with call backs.

 

[quincy]

That's pretty much what the attorney said on the phone. I didn't see any reason why she'd mislead me since she already assured me she's willing to take the case.

You should get a better sense of what the attorney will do for you when you meet with her tomorrow. Meeting with two or three different attorneys can be a good idea although you might find the attorney you already spoke to is who you want. I hope all goes well.

 

[Moofies]

You should get a better sense of what the attorney will do for you when you meet with her tomorrow. Meeting with two or three different attorneys can be a good idea although you might find the attorney you already spoke to is who you want. I hope all goes well.

Thank you. I will definitely reach out to more tomorrow before committing. I have a feeling some of the ones I called will probably reach out to me tomorrow anyways. But I hear what you guys are saying and agree.