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Playground Injury Lawyers Boston Masschusetts

Amount Of Award/Settlement

$950,000
Nature Of Case

Premises Liability; Unsafe playground built by volunteers.

Injuries Alleged

Paralysis.

Court

N/A.

Attorney for Plaintiffs

PARKER | SCHEER LLP, Boston, Massachusetts

CASE SUMMARY:

The plaintiff was playing with his children at the Pompositticut Elementary School playground in Stow when he struck his head on an exposed angle-iron used to brace a firemen’s pole.

The blow to his head caused him to fall on a hard wooden surface, and as a result, the father of three suffered a severe spinal cord injury that caused permanent quadriparesis, which is the paralysis of all four limbs.

The plaintiff sued six individual volunteers who had promoted, designed, and supervised the construction of the playground structure between the years of 1984 and 1986. The plaintiff’s wife and children asserted claims for loss of consortium.

Rather than building a playground set using a prefabricated kit from a reputable manufacturer, the volunteers used their own materials, the plaintiffs said, adding that the cost of constructing the Stow playground was around $3,800. Pre-made kits go for around $40,000, according to the plaintiffs’ lawyers.

In addition to the lack of blueprint, the attorneys also noted there was no uniformity among the materials used in constructing the playground set.

The town was aware of the playground construction, but provided no supervision or subsequent audit of the structure to protect residents, the plaintiffs alleged.

Claims against the town were filed for negligence and wanton and reckless conduct in failing to supervise and/or inspect the design and construction of playgrounds for safety purposes.

The Massachusetts Torts Claims Act imposes a $100,000 cap per plaintiff on damages recoverable against a municipality for negligence.

The Recreational Use Statute bars claim in negligence against a landowner, including a municipality, which allows the public to use its land for free for recreational purposes.

By asserting claims against the individuals as volunteer independent contractors, the plaintiff was able to get around the $100,000 MTCA cap and the Recreational Use Statute immunity provision. The plaintiff was also able to bring the claims within the coverage of the individual homeowners’ insurance policies, as well the town’s liability policy, which provided coverage to volunteers.

The plaintiff successfully opposed motions for summary judgment based upon the alleged immunity of the town under the Recreational Use Statute and of the individuals volunteers under the MTCA.

A week before the trial, the parties agreed to submit the case to mediation. The parties were able to resolve the case during mediation. The plaintiffs were awarded a combined settlement from the defendants of $950,000.

Have You or Your Child Been Injured Due To Unsafe Playground?

Find out if you have a case. If you have suffered an injury due to a slip and fall, or other unsafe premises conditions, contact us for a free confidential case review and receive a response within hours, or call (617) 886-0500 . If you need a lawyer outside of Massachusetts, contact us for a referral.

 

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Client Testimonials

M. S. 

I went to Parker and Scheer two years ago when I was hit riding my bicycle in NYC. This was a difficult and helpless time. Surgery was required and I didn’t have health insurance. I had never been through anything like this before and didn’t know where to turn...

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Andrea K.

Eric Parker saw the potential in my case and explored it in detail with patience and professionalism. He and his team achieved the outcome I was hoping for, and I can recommend Parker Scheer with absolute confidence.

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T.G.

I was referred to Parker|Scheer after my daughter was seriously injured in a car accident in November 2010. Deb and the firm of Parker|Scheer were nothing short of spectacular. If I ever need legal representation again, I would use them in a minute.

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Great Lawyer – Attorney Tofani was referred to me through friends and was highly recommended. I found myself in a tough situation with no prior criminal history and not sure what to expect. Attorney Tofani was kind, professional and experienced in the system.

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A.Q.

I have worked with Eric Parker and Barry Scheer for over a over 15 years. I have recommended them to friends and family without disappointment. When you know that you have someone you can call on a moments notice, for any legal matter, it is a comfort...

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Matt S.

My case was very unique. Through his hard work and excellent skills, Attorney Tofani achieved the bestpossible outcome. I highly recommend Attorney Tofani.

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