On a sunny afternoon, a group of neighborhood kids were playing at a small community playground when a piece of broken equipment gave way, sending an 8-year-old tumbling to the ground with a fractured arm. Or, a family vacationing at a hotel found themselves in the emergency room after their child nearly drowned in a pool that lacked a working safety gate.

These are more than just accidents — in many situations, they become legal matters involving premises liability. And when children are involved, the law often applies different standards to determine whether a property owner should be held responsible.

Our article how premises liability works when it comes to kids, why playgrounds and swimming pools are treated differently, and how laws like the attractive nuisance doctrine play a role. We’ll also look at real-world examples to show how these rules work in practice.

Understanding Premises Liability in Plain Terms

Premises liability is the area of personal injury law that holds property owners accountable for unsafe conditions on their property. Normally, whether someone can recover damages depends on their status as a visitor — invitee, licensee, or trespasser.

However, the law recognizes that children often don’t appreciate certain dangers the way adults do. A child might see an abandoned pool as a fun place to play, not realizing the depth or the absence of safety measures. Because of this, courts often give children more legal protection than adults in similar situations.

The Attractive Nuisance Doctrine

Many states, including New Jersey, New York, and Florida, have adopted some form of the attractive nuisance doctrine. This legal principle allows property owners to be held liable if something on their land is likely to attract children and poses a risk of harm — even if the child was trespassing.

Common examples include:

• Swimming pools without proper fencing
• Trampolines
• Abandoned cars
• Construction sites with accessible equipment
  

For instance, in Bennett v. Stanley, an Ohio case often cited nationwide, the court held a homeowner liable for a child’s drowning in a pool, even though the child did not have permission to be there. The court reasoned that the hazard was likely to attract children and the owner failed to take reasonable steps to prevent access.

Playground Injuries: What the Law Looks At

Playground accidents can involve public parks, private daycare facilities, schools, or even equipment on residential property. The law examines several factors to determine if a property owner or operator is responsible:

• Was the equipment properly maintained?
• Were there adequate safety measures like soft landing surfaces?
• Did supervision meet the expected standard for the setting?
  

In New York, for example, a case involving a Brooklyn public school found the city liable when a child was hurt on playground equipment that had been reported as defective months earlier. The court pointed to clear evidence that the city knew about the hazard but didn’t act in time.

Swimming Pool Injuries and Drowning Cases

Swimming pools are among the most common sources of attractive nuisance claims. Many states have specific safety regulations — such as Florida’s Residential Swimming Pool Safety Act, which requires barriers, self-closing gates, and certain types of alarms.

In one Florida case, a homeowner was found liable when a neighbor’s child drowned in a backyard pool that lacked a fence. Even though the child entered without permission, the court held that the absence of required safety features violated state law and contributed directly to the tragedy.

Private vs. Public Property Considerations

The rules for suing over a playground or pool injury can differ depending on who owns the property.

• Private property owners (such as homeowners or landlords) are generally held to state premises liability standards, including attractive nuisance rules.
  
• Public entities (like municipalities) may have additional legal protections such as sovereign immunity. These cases often require filing a special notice of claim within a short deadline — sometimes as little as 90 days.
  

For example, in California, a family sued a city after a child was injured in a public park’s splash pad due to slippery conditions. While the city initially claimed immunity, the court allowed the case to proceed because the hazard was both known and preventable.

Evidence That Can Strengthen a Claim

In both playground and pool injury cases, evidence is key. This might include:

• Maintenance and inspection records
• Witness statements
• Photographs or video of the hazard
• Prior complaints about the same condition
• Police or incident reports
  

A skilled premises liability lawyer will often investigate quickly to preserve time-sensitive evidence. For example, surveillance footage from a community pool might be overwritten within days if it’s not requested promptly.

How Comparative Negligence Plays a Role

Many states apply comparative negligence rules, meaning a jury can assign fault to more than one party. In cases involving children, the bar for blaming the child is higher because courts recognize they can’t judge risk like adults. Still, the behavior of parents or guardians — such as leaving a child unattended near a pool — can be part of the legal analysis.

Why Legal Help Is So Important

Cases involving injured children can be emotionally charged and legally complex. Property owners and their insurers often push back hard, especially if there’s a claim of trespassing. An attorney experienced in playground accident and pool accident claims can:

• Interpret state-specific attractive nuisance laws
• Identify all liable parties
• Work with safety experts to establish what should have been done differently
• Negotiate with insurance companies or take the case to trial if necessary
  

Call Brandon J. Broderick For Legal Help

If your child was hurt at a playground, swimming pool, or another property, you deserve clear answers and strong representation. At Brandon J. Broderick, Attorney at Law, we understand how devastating these injuries can be for a family.

Our team will listen to your story, explain your rights under your state’s premises liability laws, and fight to hold negligent property owners accountable. Call today for a free consultation and take the first step toward protecting your child’s future.