Soft play centers, also known as indoor playgrounds, have become increasingly popular venues for children’s birthday parties and playdates. With large structures filled with slides, ball pits, and climbing areas, they provide hours of entertainment for kids. However, with increased usage comes an increased risk of injury. When accidents happen at soft play centers in South Carolina, determining liability can be complicated.
Inherent Risks of Soft Play Centers
While structured play areas are designed with safety in mind, there are inherent risks associated with indoor playground equipment. Falls from heights, collisions with other children, and injuries from defects in equipment are not uncommon. Parents assume some amount of risk by allowing their child to play in these facilities. However, operators also have a responsibility to ensure that the equipment is properly maintained and that adequate supervision is provided. When injuries occur due to negligence on the part of the business, liability questions arise.
South Carolina Premises Liability Laws
In South Carolina, liability for accidents occurring on one’s property are governed by premises liability laws. Property owners must make reasonable inspections to discover dangerous conditions and either fix the hazard or provide warning. They must warn people of concealed dangers. Finally, property owners have a duty to refrain from deliberately or intentionally harming trespassers.
The business owes the children and adults that visit the soft play center a high duty of care to ensure their safety.
Common Injuries and Liability Scenarios
Soft play areas have many potential dangers which can lead to serious injuries. Here are some of the most common:
- Falls from elevated play structures – Failure to provide adequate protective padding under and around equipment could be grounds for a lawsuit if a child is injured in a fall. Operators may also be liable if railings and barriers are not up to code.
- Collisions and injuries from other children – Lack of adequate supervision can contribute to injuries from overly rough play. Plaintiffs may argue that more staff monitoring was needed.
- Head and neck injuries in ball pits – Ball pits should be regularly sanitized and inspected for hazards. Plaintiffs may allege pits contained hard or sharp objects resulting in injuries.
- Defective design or maintenance of equipment – Equipment that breaks or collapses due to poor construction or upkeep makes the business liable for any resulting injuries.
- Injuries from choking hazards – Soft play areas cannot contain small objects that could be choking risks for infants and toddlers. The facility is responsible for keeping children safe from these dangers.
- Drowning in unsupervised pools or water features – Lifeguards and fencing around all water features are legally required. Facilities can be considered negligent if a child drowns in an unattended pool.
To succeed with a lawsuit, the plaintiff must show that their child’s injury was caused by the negligence of the soft play operator through insufficient maintenance, supervision, or disregard for safety.
Defenses and Limiting Liability
Soft play businesses in South Carolina have some defenses to limit liability. First, if the facility can show that the child or parent was also negligent in some way that contributed to the injury, their liability may be reduced. Second, having visitors sign waiver forms can protect against liability, although their enforceability is questionable when minors are involved.
Operators can also post clearly visible warning signs bringing attention to inherent risks. Well-documented safety protocols and procedures will demonstrate the company’s commitment to patron welfare. Maintaining adequate insurance coverage in case of lawsuits is also essential.
By focusing on safety, supervision, maintenance and reducing known hazards, soft play operators can limit liability exposure while ensuring kids have fun. With some precautions, both businesses and families can avoid ending up on the wrong side of premises liability laws in South Carolina.
Work with an Experienced Personal Injury Lawyer
When you need legal assistance, it is important to find an attorney you trust. Do research to select a lawyer with expertise in your specific legal issue. Schedule a consultation with Monge & Associates to discuss your case. Be prepared with the relevant documents and facts. Clearly communicate your objectives. Ask questions if anything is unclear. Honesty and open communication are key – do not withhold information from your lawyer. Maintain realistic expectations of outcomes. Understand fee structures and keep track of mounting legal costs. Working collaboratively with us gives you the best chance of a successful case resolution.
If you or your child have sustained an injury at a soft play center in South Carolina, get in touch with us. We have offices in 32 locations and 19 states, including South Carolina, Maryland, and Ohio.
Call now for a free consultation on (888) 477-0597.