Playground Fall Prompts Legal Review
Case Summary: Plaintiff, a young boy participating in a summer camp program, fell from a playground structure when he was startled by a counselor yelling for him to get down. He sustained injuries, which required surgery and left him with residual pain and loss of motion. Plaintiff claimed that the playground was unsupervised during the time of the incident.
Expert Analysis: According to Plaintiff’s attorney, the boy had been hanging on the outside of the playground structure and was startled when a playground supervisor yelled at him, causing his fall. Per the training manual, staff members were encouraged not to yell when they observe a child not complying with playground rules, as it might frighten them and cause an accident. The playground supervisor’s deposition indicated there were 30-50 children at the camp. The staff consisted of 10 counselors/counselors-in-training, a supervisor, and an assistant supervisor. Each staff member received a manual and training prior to the start of camp. The manual section entitled “Playground Safety” specifically required staff to be proactive by insuring proper use of all equipment. Plaintiff received instruction from the summer camp staff about proper use of the playground equipment, and his mother reported providing instruction to him as well. In his deposition, Plaintiff demonstrated a good understanding of proper use of the equipment and the safety risk associated with using the equipment improperly.
Despite Plaintiff’s claim that there were no counselors present on the playground when the injury occurred, this was an established summer camp program with an outstanding safety record and well documented safety policies and procedures. The staffing manual detailed appropriate staffing and staff responsibilities. The staff time sheet from the date of the accident indicated that there were 12 staff members supervising the playground. The playground site was appropriately staffed with a staff to camper ratio of 5:1.
Plaintiff’s claim that he was startled by the camp counselor’s yell, causing him to fall, was inconsistent with his deposition, where he indicated that he fell about 10 seconds after she yelled, as he was attempting to get down. It is true that staff were instructed not to yell when they observed a child not complying with playground rules; however, this is a normal and appropriate reaction for someone in a supervisory position when they observe a child in danger. This particular counselor was 30 yards away in the parking lot when she noticed Plaintiff hanging on the outside of the playground structure. A fall risk existed at that very moment; and yelling to get Plaintiff’s attention was the only way she could provide some level of appropriate intervention at that time.
In summary, the expert opined that Plaintiff was very familiar with the appropriate rules and use of the equipment at this playground, was knowledgeable of the risks associated with hanging on the outside railing of a playground structure and chose to use the playground equipment improperly. It was the expert’s opinion that Plaintiff bore responsibility for his actions that resulted in the fall and the subsequent injury he sustained. Sometimes, even when proper measures are taken to provide a safe environment, accidents do occur.
Result: This case was settled with no finding of negligence on part of the entity sponsoring the summer playground program.
