Parents Sue School After Fatal Playground Accident
Eight-year-old Dallin Cunningham passed away in February 2023 after falling from a playground slide at Rose Springs Elementary School in Utah. It was a corkscrew-style configuration, and according to reports, his momentum carried him off the slide on one of the turns.
He initially survived the fall, but he died the following day from traumatic head injuries. According to news reports, his family is now suing the school to recoup $90,000 in medical costs and other damages.
Contact the Education Law Team at the LLF National Law Firm
We are here to help if you or someone in your family has been injured or killed in an accident on school grounds. Schools are required to provide safe environments for students and others, and they can be held accountable for acts of negligence.
Call us at 888-535-3686 to schedule a consultation appointment. You can also send us a message through our contact form.
Playground Surface Issues
Negligence, Strict Liability in Tort, and Wrongful Death are the three causes of action included in this legal filing. The suit contends that the playground surface surrounding the corkscrew slide was insufficiently padded, and this breach contributed to Dallin Cunningham’s death.
The area where the child fell was covered in a layer of protective mulch. However, the ground was frozen solid beneath the mulch, and there was just one inch of padding. This is far short of the 12-inch standard that has been established by the United States Consumer Safety Commission.
Slide Under Investigation
Failure to maintain the surface is at the core of the existing lawsuit, but another element is under investigation. When the suit was filed, the plaintiffs gained access to the slide in question.
The suit stated that guardrail protections at the entrance to the slide could have made a difference. They are investigating to determine if the slide itself could have played a role in the incident.
Legal Counsel Is Invaluable
Surviving family members look for answers when these events occur. Under ordinary circumstances, parents are used to working constructively with school administrators who presumably have the best interests of the students at heart.
However, the dynamic is very different when the school may be liable for damages. They will protect their interests, and if your family has been victimized, you have to protect yours.
This case is very instructive because it underscores the fact that culpability is not always obvious. People may consider the possibility of a slide malfunction without thinking about the ground padding standards.
Make no assumptions when you or a family member has been injured on school grounds. When you engage legal counsel, you will have an advocate by your side every step of the way.
Call the Education Law Team at the LLF National Law Firm Right Now
If you think you may have a playground accident case, the Education Law Team at the LLF National Law Firm is standing by to help. You can send us a message to request a consultation appointment, or reach us by phone at 888-535-3686.