Parents (“Parents”) of B.N., a minor child (“Minor”), filed a lawsuit on the Minor’s behalf, and in their individual capacity as the Minor’s Parents, in Galveston County District Court against Moody Methodist Day School (“Defendant”) under theories of negligence and premises liability. The Parents allege the Minor suffered severe injuries when she fell off of the hanging bars while on the Defendant’s playground (hereafter referred to as the “Incident”). The Incident occurred when the Minor was enrolled at Moody Methodist Day School in July of 2022.
The Parents brought suit on the theories of negligence and premises liability. Under the theory of negligence, the Parents allege that the Defendant failed to properly supervise their daughter and further failed to ensure the playground equipment was arranged in a manner to allow Defendant’s caregivers to supervise the children. Under the theory of premises liability, the Parents allege that the playground equipment was not properly positioned in accordance with the instructions of the playground equipment manufacturer. Additionally, the Parents allege that the Defendant installed the playground equipment over asphalt and/or concrete without the proper surfacing materials and further, that the handrails on the playground equipment were not located within reach of the children that were expected to play on it.
Although completely preventing injury on a playground would be a near impossible task, there are ways to reduce the severity of injury that may occur on a playground and/or playground equipment. As for the playground equipment, it is imperative that it be installed according to the instructions of the manufacturer and that it be properly maintained. Additionally, proper supervision of children utilizing such playground equipment is likely to reduce the possibility of serious injury occurring.
The Parents of the Minor seek in excess of $1,000,000 (One Million Dollars) in damages, including the Minor’s past and future medical expenses, past and future physical pain and suffering, mental anguish and loss of enjoyment of life.
If you or someone you know has been injured as a result of the negligence of others, it is important to find a skilled law firm to handle your claim. The law firm of Abraham, Watkins, Nichols, Agosto, Aziz & Stogner is the oldest personal injury firm in Texas, and our attorneys can assist you with your claim. Call us today at 713-222-7211 or toll free at 1-800-870-9584.