Available 24/7
For a free consultation call(919) 277-0150
You are wondering if anyone will take this seriously, or if the city, the school, or the daycare will call it bad luck. Worse, will they blame your child for the broken swing or cracked slide that caused their injury? Could another child get hurt?
Our Raleigh playground injury lawyer team has built our personal injury practice on holding negligent property owners accountable. Attorney Joseph P. Tunstall III has taken more than 100 personal injury cases to a plaintiff verdict in North Carolina courts.
Tell me what happened to your child, and let’s figure out how to hold the right people accountable.
| 200+ VERDICTS FIRM-WIDE | SUPER LAWYERS 2014-2026 | AVVO RATING 10.0 – JOSEPH P. TUNSTALL III | MILLION DOLLAR ADVOCATES FORUM |
For a free consultation call (919) 277-0150
Playground injuries rarely look the same from one property to the next, and the party who owes your child a duty of care changes with the setting. A city-owned park, a private daycare, and an apartment complex all carry different legal obligations, and identifying the right one early keeps your claim from stalling later. Below are some of the Raleigh playground accident cases we handle:
North Carolina recognizes a legal doctrine called attractive nuisance. Under this doctrine, a property owner can be held responsible for a child’s injury on a playground or similar attraction if the owner knew, or reasonably should have known, that a dangerous condition was likely to draw children in and hurt them. This matters because it can apply even when your child did not have formal permission to be on the property. What did the property owner know about that broken piece of equipment, and when did they know it? That question often decides the case.
Our Raleigh office sits within a few miles of Baileywick Road Park, Green Hills County Park, and North Hills Park, and we know how these Wake County playgrounds are maintained, inspected, and reported on when something goes wrong.
The steps you take right after your child is hurt can shape the entire claim later. If possible:
It depends on who owns and maintains the property, which can be a city, a county, a school system, or a private maintenance company under contract to run inspections. We pull ownership and maintenance records early so we know exactly who to hold accountable, instead of guessing.
A licensed daycare has a legal duty to supervise children and keep its play areas safe. If a lack of supervision or a known hazard caused the injury, the daycare and its insurer may owe your family compensation.
North Carolina generally gives a minor until three years past their 18th birthday, but claims against a government-owned park often carry much shorter notice deadlines, sometimes just months. Contact us quickly so we can identify the real deadline in your case.
North Carolina law treats a young child differently than an older child or an adult when it comes to assigning blame for an accident. Contributory negligence does not apply to children younger than seven. This matters a great deal if an insurance adjuster tries to argue your child should have known better than to climb on something dangerous.
Depending on the injury, compensation can cover emergency treatment, surgery, physical therapy, future medical care, and your child’s pain and suffering. We build the claim around what your child actually needs going forward, not just the first hospital bill.
Most playground injury claims settle without a courtroom, and we work to resolve your child’s case that way whenever possible. If a fair settlement isn’t offered, we prepare every case as though it will go to trial. Generally, young children do not have to testify or go to court.
We work on contingency, so you pay nothing upfront and nothing at all unless we recover money for your child.
If your question isn’t answered here, contact us and we will walk through your child’s specific situation with you.
Broken equipment gets replaced. Memories fade. Government deadlines can close faster than you expect, and every week that passes makes your child’s case harder to prove. Contact O’Malley Tunstall PC today for a free consultation, and let’s find out what happened to your child and what you can do next.