Unsafe School & Daycare Facilities, Playgrounds, or Equipment Lawyers

When a child is hurt because a facility wasn’t maintained or equipment failed, that’s not always just “kids being kids” – it can be because of a preventable hazard. Our approach is simple: identify the safety rule, determine whether the facility violated it, and if so prove the injury with clean, objective evidence.

Do I Have a Case?

Some of the common fact patterns we handle involve:

• Failure to supervise. Educators and childcare facilities must appropriately supervise children throughout the day – especially while on the playground.
• Broken or poorly installed equipment. Projections, entanglement points, loose/ rusted parts, missing fasteners, or unanchored structures breach rules that require equipment to be clean, safe, in good repair, and guard against entrapment/strangulation.
• Lack of inspection/maintenance. Failing to document routine inspections, surfacing top-offs, and repairs – especially after prior complaints – goes directly to negligence.
• No protective surfacing or inadequate depth. The applicable rules are clear – concrete, asphalt, grass, and dirt are not protective surfacing, and elevated equipment requires shock-absorbing surfacing.
• Age-mismatched layouts and poor sight lines. Play areas must separate ages and manage conflicting activities; sight lines and supervision are part of safe layout.

How We Prove Your Unsafe Facility or Playground Case

• Maintenance & notice. We subpoena inspection logs, repair tickets, purchase/installation records, vendor certifications, prior incident reports, and emails. A missing paper trail is often its own proof of neglect.
• Supervision overlay. We obtain layout and sightline mapping plus duty-rosters show whether staff could actually see and control the area – especially during transitions.
• Surfacing and equipment forensics. Where appropriate, we document depths, type, and compaction, obtain manufacturer specs, and arrange for experts to perform field inspections to evaluate the safety of the area at issue.
• Medical & damages proof. We obtain pediatric specialists, rehab, and life-care planners when necessary to translate injuries into treatment needs and future costs that withstand cross-examination.

Why Choose Naiser Law Office

• Rule-driven litigation. We frame the case around clear safety rules that insurance adjusters and juries understand.
• Evidence, preserved fast. We lock down video, maintenance logs, vendor specs, and surfacing data before they vanish.
• Expert credentials that carry weight. We retain the appropriate experts to translate technical hazards and injuries into plain English for adjusters, mediators, and juries.
• We actually try cases. That reputation changes how carriers and institutions value your claim.

By The Numbers

190,000+ playground-equipment injuries are treated in U.S. emergency departments each year – enough volume that juries understand these are foreseeable, not freak events.

Equipment defects/design/assembly are the #1 hazard pattern (38%), with falls next (29%). Translation: maintenance and surfacing are case-critical.

For children, falls are a leading driver of emergency room visits nationwide, so preventing falls and mitigating impact is a core safety rule.

Frequently Asked Questions

Is grass “good enough” under a slide or climbing structure?

No. The CPSC says grass and dirt are not protective surfacing, and hard surfaces (concrete/asphalt) should never be under play equipment. Impact-attenuating surfacing is the rule.

Do Kentucky daycares have specific equipment duties?

Yes. 922 KAR 2:120 requires equipment be clean, safe, and in good repair, free of protrusions and entrapment/strangulation hazards; supports for climbing/large equipment must be securely fastened; and play areas/fences must be stable and in good condition. Facilities must also arrange areas so that activity is adequately supervised.

What if this happened at a public school – aren’t they “immune”?

Districts often claim governmental immunity, but individual employees can be liable for failing ministerial (mandatory) safety duties. We analyze the facts of your case under Kentucky caselaw and target all responsible parties, including non-immune contractors.

How fast do we need to act?

Immediately. Facilities rotate/overwrite camera footage; loose-fill surfacing gets raked or topped; broken parts get replaced without documentation. We send preservation demands to prevent this from happening.

Talk to a Louisville School & Daycare Injury Lawyer Today

Contact an experienced Kentucky school and daycare injury lawyer as soon as possible after an incident. Facility and surfacing evidence is time-sensitive, and different cases have different deadlines. Reach out today for a free, confidential consultation with an attorney. We’ll review your documents and give you a clear plan at no charge. If we take your case, we move quickly to protect your child and maximize your recovery.