Parks and playgrounds are fantastic spaces where children can play, learn and explore. These activities are important for their social development, coordination and physical wellbeing.
However, risk is inherent in play at any playground. As parents and caregivers, ensuring our little ones are safe while they enjoy these spaces is so important. In our role, we must actively supervise our children when they are using playground equipment and choose activities for them that are suited to their age, skills and abilities. But even when we do, sometimes accidents can still happen.
When a playground injury turns serious
Most playground injuries are minor amounting to no more than a cut or bruise, but some can be more severe, resulting in fractures, dislocations, or worse.
The dangers of giant tube slides have been well reported over the years1 and the following examples illustrate how significant injury can arise due to construction defects in the playground.
In 2016, a giant tube slide in Adelaide was closed after a number of serious injuries to children occurred, including compound knee fractures and dislocations.2 Then, in 2018, a Sydney playground was closed after injuries such as broken legs were reported from the use of a giant tube slide. In March 2022, a 4-year-old fractured both tibias travelling tandem with her father in a metal tube slide when they hit the kink in the slide, causing both of them to fall back from the speed with the child’s legs flying in the air and her sandals catching on the roof, hyperextending her legs.
In all cases of the giant tube slide, the court found the equipment unsafe since the playground equipment was not in accordance with Australian Safety Standards. In these cases, the council/manufacturers were found liable for the children’s injuries.
What you need to know about playground liability
Liability may vary depending on the playground’s owner or operator. For example, in council-run playgrounds, parental supervision may be a concern. However, in school or daycare settings, the responsibility shifts to teachers and staff who must ensure adequate supervision from potential risks.
Playground owners, operators and equipment manufacturers are responsible for ensuring that playground design, installation, maintenance, and operation comply to the Australian Safety Standards.
This includes conducting regular inspections and maintenance to keep playgrounds safe and compliant. This can involve minimising the risk of falls by addressing playground surfacing, guards and handrails for raised platforms, covering all sharp edges and providing rubber surfaces to reduce risks.
Common playground hazards to watch for
Several hazards can pose a risk in the playground:
- Hard surfaces beneath play equipment
- Inadequate falling space or impact areas
- Poor maintenance or faulty equipment
- Potential entrapment
- Pinch points and sharp edges
- Protruding objects
- Tangling hazards
- High platforms without barriers
- Inappropriate play or use of equipment
- Trip hazards
- Overcrowding
- Contamination with dangerous items – e.g. broken glass or syringes
With proper planning, design and maintenance of the playground, along with adequate supervision of children, many injuries can be prevented, or their severity reduced.
In these types of cases, it is necessary to consider what evidence can be obtained any defects in the design of the playground or the types of equipment, whether the equipment is faulty or broken, the systems of inspections and maintenance as well as matters of supervision and whose responsibility for supervision. If that evidence supports a breach of duty of care then liability may fall with the owner/operator or the playground or if in a school or daycare setting, issues of supervision.
If an injury occurs while you are supervising a child, consider whether the risk of injury resulted from normal play, a defect or hazard in the play equipment or insufficient supervision.
In such cases, it may be beneficial to seek legal advice from a personal injury lawyer to understand your options and ensure that your rights and your child’s safety are protected.
Senior Associate
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