Playground Perspectives
Key players in an accident and tips on how to navigate a situation successfully
By Joann M. Robertson
If your organization has a serious playground claim—which we hope you never do—you may be contacted by several parties to help resolve the issue. Additionally, your organization may wish to reach out to other parties to collect more information about the playground, especially if the situation involves a potential lawsuit. In this situation, your organization will likely be dealing with attorneys and insurance companies.
Photo: © Can Stock Photo / gjohnstonphotography
But there are other groups that serve different roles when it comes to risk management, so let’s review the function of each and obtain some safety tips from their unique perspectives.
Insurance
Insurance Claims Staff
A playground accident is a liability claim that is considered complex because it usually involves reviewing medical records and assessing fault and, therefore, may be resolved slowly. Claims staff members often look for details, including:
• Whether the playground was age-appropriate
• Whether the equipment was maintained
• Whether the surfacing was at the proper depth.
Insurance Claims Staff Safety Tips:
• Take pictures of the playground after the accident and keep this information on file with the accident report.
• Always check closed-circuit television (CCTV) footage to see if the accident is on tape.
• Keep a record of who was supervising the playground on the day of the accident and where that person was positioned when the accident occurred.
• Provide any helpful information to demonstrate that the playground was used properly, such as a list of the rules that were reviewed with the children.
• When an accident occurs, fill out the accident report immediately, recording only the facts, not opinions.
Insurance Investigator
Once a claim is reported, the claims department may send an investigator to collect additional information at the site of the accident. The investigator may take measurements and pictures of the playground as well as request copies of documents, such as inspection forms, accident reports, insurance certificates, receipts for playground surfacing, or copies of relevant policies.
Insurance Company Investigator Safety Tip
The investigator should request a list of documents before the visit so you can assemble them in advance.
Insurance Company Risk Management
Your organization’s insurance company may have a representative who surveys the site periodically for safety hazards. The representative may have visited your playground as part of the overall facilities tour, completed a report, and offered playground safety recommendations at that time. This letter or the report may be requested by an attorney.
Insurance Company Risk-Management Consultant Safety Tip
Provide training for playground supervisors. Consider scheduling a class at your department.
Take pictures from all sides of the equipment so they can be used to clearly determine where an accident occurred.
Expert Witness
A person who is permitted to testify at a trial because of special knowledge or proficiency with playgrounds and safety.
Expert Witness Safety Tips
• Ensure that your organization posts proper age signs and warnings on all playgrounds or at entrances.
• Don’t state you are going to regularly inspect the playgrounds unless this practice is carefully completed and documented by your organization.
Playground
Playground Inspection/Repair Company
An independent playground inspector may have recorded the condition of the playground before an accident occurred. The inspector or certified playground safety inspector (CPSI) provided a report and photos that may be pertinent.
Playground Inspection/Repair Safety Tips
• If you decide to have a playground inspection, it is best to collect the following details for each playground: the age, the location of the plans, and the manufacturer of the equipment.
• Whenever you need playground repairs, close the playground if necessary and contact a repair company ASAP to order parts.
Photo: © Can Stock Photo / Lopolo
Playground Auditor
A playground audit is conducted by an auditor (CPSI). An audit provides an initial or follow-up comprehensive examination of a playground. An audit differs from all other types of inspections because it is the most thorough review available to identify any problems with each playground.
The purpose of an audit is to review a playground for compliance:
• Consumer Product Safety Commission (CPSC) guidelines
• Public Playground Safety Handbook (Publication #325)
• American Society of Testing and Materials (ASTM) standards
• Standard Consumer Safety Performance Specification for Playground Equipment for Public Use F1487-17
• Standard Guide for ASTM Standards on Playground Surfacing F2223-15.
Playground Auditor Safety Tip
It is wise to schedule an audit for your playground at these four times:
• When the playground is newly installed
• After a catastrophe or serious damage (earthquake, mudslide, vehicle strike, etc.) occurs to the playground
• When the playground is relocated
• When playground regulations are updated.
Playground Surfacing Manufacturer
The company that manufactured the safety surfacing beneath equipment can provide the correct test data for surfacing.
Playground Surfacing Company Safety Tip
Record and save receipts when you replenish loose-fill surfacing or do repairs to other types of surfacing, since having the correct depth and resiliency is important, especially if the injury involves a fall.
Playground Installers
The firm, contractors, or individuals who installed the playground at a site. Installation involves excavation, concrete, and assembly. Installation may also involve removal of the old playground, site preparation, drainage, and surfacing, but the installation and surfacing may be done separately.
Playground Installer Safety Tip
Beware of hazards around the equipment that may appear after the installation: i.e., keep tree branches back and look out for broken fences, unlevel walking surfaces, and poisonous plants.
Playground Manufacturer
The firm that manufactured the playground equipment.
Playground Manufacturer Safety Tip
The company may provide inspection checklists on its website or sell other safety-related items, such as playground-inspection kits and rules signs.
Playground Sales Representative
This local representative for the manufacturer may have helped choose the playground equipment and can assist with repairs and problems.
Playground Sales Representative Safety Tip
Be sure to purchase equipment that matches the appropriate age of children who are at the site (this is explained in U.S. Consumer Product Safety Commission’s Public Playground Safety Handbook on page 7). This publication #325 can be found at the website listed below.
Playground Surface Impact Tester
An on-site impact test for the surfacing is sometimes the only way to confirm that the correct amount of surfacing material is provided.
Playground Surfacing-Impact Tester Safety Tip
When purchasing resilient playground surfacing, ensure that the product will protect children from a fall equal to or exceeding the “fall height” of the equipment, and require that the surfacing supplier provide copies of this certification.
Multiple parties are involved when planning a playground purchase, and you may encounter many more over the lifetime of the equipment. A better understanding of each group and its role will assist you in managing an organization’s playground operations. In addition, the insider tips above will provide a broader perspective of playground risk management.
Resources:
U.S. Consumer Product Safety Commission (www.cpsc.gov)
American Society for Testing & Materials (www.astm.org)
National Recreation and Parks Association (www.nrpa.org)
Joann M. Robertson, CPSI, CSP, ARM, CPCU. Reach her at (516) 297-5493, or joannrobertson@hotmail.com.