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12 year-old boy suffers brain injury from fall at Burger King Playground, Burger King settles suit for $20 Million

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The family of a 12 year-old who fell off of an indoor playground at a Riverside County, California Burger King received a $20 million settlement. In 2005 the boy and his sister were playing on the playground and the boy fell to the floor. For those of us who have taken our kids to an indoor playground normally they have a rubber mat surface. This particular Burger King did not, the playground sat on top of a tiled floor.

A negligence lawsuit was filed against Burger King and Delta Marketing, the installer of the playground, stating the boy suffered from traumatic brain injury also known as TBI. As a result of the accident the boy suffered severe injury to the parietal and left front lobes of his brain along with lung injuries. The boy has had to be hospitalized on numerous occasions and was originally admitted to the hospital for over a two month period.

After four years the restaurant franchise finally settled on the $20 million mark. The boys still continues rehabilitation for the severe brain injury. Nothing was stated to the lasting effects of the injuries he received from the negligence of the restaurant.

There is probably nothing more pleasing to a child than to tackle a new playground they have not yet encountered, but they are not aware of the dangers that could be lurking. Be sure to look closely at a playground before releasing your son or daughter to play. Does the ground have some sort of cushioning underneath the play structure, such as a mat or mulch? What is the condition of the play structure? Has it been well maintained? Another factor to consider on outdoor structures is the heat of the day. As parents of North Carolina have experienced in the summer a slide or swing that has set in the sweltering sun can get so hot that it can give your child severe burns. Taking a moment to check the environment can make your child’s play injury free.

About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm (VA-NC law offices ) edits the Virginia Beach Injuryboard, Norfolk Injuryboard, and the Northeast North Carolina Injuryboard injury law blog as a pro bono service to consumers. Lawyers licensed in: VA, NC, SC, WV, DC, KY, who handle car, truck, railroad, and medical negligence cases and more. KF