Playgrounds at schools, daycare centers, and public parks in Bergen County can be safe places for children when equipment is properly maintained and supervision is adequate. When property owners, school districts, or municipalities fail to meet these basic responsibilities, children can suffer serious, life-altering injuries that may affect their development for years to come.
Child injury attorney Jae E. Lee is certified by the New Jersey Supreme Court, a distinction held by only about 3% of attorneys in the state, and has represented injured children and their families for nearly 30 years. Our law firm is committed to helping your family pursue the compensation your child may be entitled to after a playground accident.
⚠ Time-Sensitive: New Jersey Law Limits Your Family’s Window to File
Was your child hurt on a Bergen County playground? New Jersey’s clock on a child’s injury claim does not start running the same way it does for adults, but it can still run out.
Nearly 30 years of experience representing injured children in New Jersey. Cases handled on a contingency fee basis. We are prepared to negotiate a settlement or take your case to trial.
How Liability Works in a New Jersey Playground Accident
A playground accident is one type of claim handled by our Premises Liability Lawyer team, who investigate every factor that may have contributed to the accident before pursuing a claim on your child’s behalf.
Depending on where the accident happened, the party responsible for your child’s injury may be a public school district, a municipal parks department, a private daycare, or a homeowners association. Each of these carries different legal obligations, and claims against a government entity in New Jersey come with a separate, much shorter notice requirement than claims against a private property owner.
New Jersey courts also recognize what is sometimes called the attractive nuisance, or playground, doctrine, discussed at length in Simmel v. New Jersey Coop Co., 28 N.J. 1 (1958), building on Diglio v. Jersey Central Power & Light Co., 39 N.J. Super. 140 (App. Div. 1956). Under this doctrine, a property owner can still owe a duty of reasonable care to a child even where that child would technically be considered a trespasser, if a dangerous condition on the property is likely to attract children and the risk to them outweighs the burden of removing or guarding against the hazard. This reflects the recognition that children are less able than adults to appreciate danger, and it can extend potential liability to a neighboring property whose condition draws children onto it.
Key Questions
Questions Our Attorneys Investigate
Supervision
Were staff members qualified and present at all times children were on the equipment?
Equipment Fit
Was your child playing on age-appropriate equipment, or equipment meant for older children?
Maintenance
Was the equipment inspected, repaired, and free of rust, sharp edges, or broken parts?
Follow-Up
Did staff members respond appropriately once your child’s injury was reported?
Playground injuries are a real and common source of harm to children. Bicycling and playground activities are associated with a high number of emergency department visits for traumatic brain injuries and concussions among children, according to the Centers for Disease Control and Prevention. In addition to head injuries, our firm has handled cases involving fractures, dislocations, and other injuries children sustain when equipment fails or supervision falls short.
Statute of Limitations for Bergen County Playground Injury Cases
New Jersey generally requires a personal injury lawsuit to be filed within two years of the date of the injury under N.J.S.A. 2A:14-2. For a claim involving a minor, however, this deadline works differently. Under N.J.S.A. 2A:14-21, the two-year clock is paused, or tolled, until your child turns 18, meaning most child injury lawsuits in New Jersey can be filed up until your child’s 20th birthday.
That extended window does not mean waiting is a good idea. If the responsible party was a public entity, such as a public school, township, or county park system, New Jersey’s Tort Claims Act requires a formal Notice of Claim within 90 days of the accident, well before the two-year window applies. Evidence such as equipment condition and witness memories also fades quickly.
Contact Jae Lee Law as soon as possible after your child’s accident so we can preserve the evidence your case may need.
Types of Playground Accidents We Handle
Playground accidents happen in a variety of ways, and identifying the specific cause is often the first step toward holding the right party accountable. Our firm has represented families whose children were hurt in the following types of accidents.
- Falls from swings, slides, jungle gyms, and climbing equipment onto hard or poorly cushioned surfaces
- Injuries caused by broken, rusted, or improperly maintained equipment
- Entrapment or entanglement hazards on slides, swings, and climbing structures
- Injuries linked to a lack of adult supervision during school recess or daycare playtime
- Accidents involving equipment that was not age-appropriate for the children using it
If your child was hurt in a way that is not listed here, we encourage you to reach out. Every case is different, and our firm reviews the specific facts of your child’s accident before determining the strongest path forward.
How Jae Lee Law Approaches Your Child’s Case
Handling a case involving an injured child requires a different approach than a typical personal injury claim. Child injuries are especially sensitive because the harm may affect a child’s physical development, education, and emotional wellbeing well beyond the initial recovery period. Our law firm works with medical professionals who help assess the full extent of your child’s damages, including current medical bills, future treatment, physical therapy, rehabilitation, and any adaptive equipment your child may need going forward.
We are proactive in fighting for your family’s needs, not simply responsive once a case is filed. Many times, we are able to negotiate a favorable settlement that gets your family financial relief without the delay of a trial. If the opposing party is unwilling to offer a reasonable settlement, we are prepared to take your case to trial.
What Happens to a Settlement Recovered on Behalf of a Child
New Jersey has specific rules for how compensation recovered on behalf of a minor is handled. A parent or legal guardian can bring a claim on a child’s behalf, but any settlement or award typically requires court approval before it is finalized. Once approved, the funds are usually placed into a restricted account and held until the child reaches the age of 18, ensuring the money is preserved for the child’s benefit rather than being immediately accessible.
Our attorneys walk families through this process step by step, from filing the initial claim to securing court approval of any settlement reached on your child’s behalf.
Does Insurance Cover Playground Injury Claims?
Playground injury claims are typically paid through the insurance carried by whichever party is responsible for the property, not out of that party’s own pocket. Public schools and municipal parks generally carry liability coverage or self-insurance funds subject to New Jersey’s Tort Claims Act, N.J.S.A. 59:1-1 et seq., while private daycares, homeowners associations, and other private property owners typically carry general liability or homeowner’s insurance that responds to these claims.
Because claims against a public entity are also subject to a 90-day notice-of-claim requirement under N.J.S.A. 59:8-8, identifying the correct insurer and filing the proper notice early is critical. Insurers still investigate and often dispute these claims, particularly around supervision and whether a hazard was reasonably foreseeable, so legal representation from the outset helps protect your child’s full compensation.
What to Do After Your Child Is Injured on a Playground
If your child was hurt on a playground in Fort Lee or elsewhere in Bergen County, taking a few steps quickly can protect both your child’s health and your family’s legal options.
- Seek medical attention right away, even if the injury seems minor at first
- Photograph the equipment, the surrounding area, and any visible injuries
- Get the names of any staff members, witnesses, or other parents who saw the accident
- Report the incident in writing to the school, daycare, or property owner
- Avoid signing any statement or settlement offer before speaking with an attorney
These steps help preserve the evidence your case may need, particularly if the responsible party is a public entity subject to the 90-day notice deadline discussed above.
Playground Injury Claims Across Bergen, Hudson, and Passaic Counties
While this page focuses on Bergen County, Jae Lee Law represents injured children and families throughout Hudson and Passaic Counties as well, handling playground injury claims involving public schools, municipal parks, daycare centers, and private property. Visit our Hudson County premises liability page or our Passaic County premises liability page for details specific to those counties.
Frequently Asked Questions About Playground Injury Claims
Contact Jae Lee Law About Your Child’s Playground Injury
Jae E. Lee is certified by the New Jersey Supreme Court, a credential held by only about 3% of attorneys in the state, and has secured millions of dollars in recovery for clients over almost 30 years of practice. Our firm also helps families with related cases, including dog bite injuries, snow and ice accidents, and pedestrian accidents involving children.
If your child was injured on a playground in Bergen County, contact our contact form or call us at 201-346-3800 to discuss your case with our team.
