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Filing a wrongful death suit after an Ohio playground accident

On Behalf of | Jun 20, 2023 | Personal Injury, Premises Liability |

When tragedy strikes and a child sustains a severe injury or loses their life due to an accident on a playground, it can be a devastating experience for any parent. In Ohio, parents may find themselves grappling with the decision to file a wrongful death suit.

The decision to file a wrongful death suit following a child’s playground accident is complex and dependent on various factors.

What is a wrongful death suit?

In Ohio, a wrongful death suit is a legal action taken by the surviving family members of a deceased person against the party deemed responsible for their death. In the context of a playground accident, this may be a school, a local government entity or the manufacturer of faulty playground equipment.

What caused the accident?

Before filing a wrongful death suit, one must determine the cause of the accident. Did it result from faulty playground equipment, inadequate maintenance or negligent supervision? If negligence or misconduct on the part of another party played a role in causing the accident, a wrongful death suit may be appropriate.

Is it worth filing?

Filing a wrongful death suit has both potential benefits and challenges. On one hand, it may provide financial compensation for medical costs, funeral expenses and the loss of future earnings. It can also serve as a way of holding the party responsible for the accident accountable. On the other hand, such lawsuits can be emotionally draining and time-consuming. Because of the statute of limitations, you must file in a timely manner.

What evidence do you need?

Under Ohio law, the plaintiff in a wrongful death case must prove that the defendant’s actions or inaction directly resulted in the death and caused damages. This typically requires substantial evidence, which might include witness testimony, expert opinions or documentation showing a failure to adhere to safety standards.

The decision to file a wrongful death suit following a child’s injury on an Ohio playground can be a tough one to make. Parents must carefully weigh the potential benefits against the difficulty of pursuing this type of case.