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In Ihe case of M1ackynrd eynipment, pinyground fur which there are, a1 ihe s1.Jl;uion, and maintenance are many . �
<br />ihic is nol aily Iechnically, bw ac- presenl time, absnlmety no safely anJ varied nnd do nat permit ade- -
<br />Iu:Jly Irue. Moxl parents whn pur- standards.�li is no npa�ery �ha�,_as a quate Irealmem in a sin6le articic.
<br />cltase tl�e home piaygmund sels arc resWt, �e peak accideN hours a[ The aulhor's decision lo focus on the
<br />� panms for Ihe fira timc, nnd lack cr- schooh coincide wi�h [he rece;s �nd surfacing issue wax based on lwo con-
<br />perience to know the injur5'-causing lunch breaks._. � � siderutions: (1) [he facl that three-
<br />pommial of their shiny nex� purchase Ironically, faciory wor4ers are now quanrrs of all injuries are the result �
<br />Seeing no warning labels on eilher the better protected in �heir places of of falis; and �2) the fac[ tha� [he pro-
<br />bos or itx con�ents, ihey assume �h�t smplo�ment IL•ar children aPe where posed safcly s�andard under eon-
<br />apmductsoldforchildreniszisosafe ihcy play. The Ocwpational Safety sideratinn by ihe Consumer Product
<br />for children. It is not until Ihcir own _ aiid Healtli Aci requires that workers Sa4ty Commission for public �
<br />child lases his or her fron� leelh�tL be prolected from falls beyond a O�ayground equipment does no� even �
<br />suffers a ruQwred snleen thal �he dis�anceof four feet, orapp+oximate- require a label informing pureAasers
<br />young paren[s learq the true mean� ly two-thirds the heigh[ of the adult of lhe dangers of i[s instalialion over .
<br />Af "<m•ea� em��nr." male. Yet children on playgrounQs a hard surface. In addition, evrn if a
<br />The issut is Sli6htly differcnt wilh have no D�otection against falis From mandatary safety standard were lo go
<br />pubtic p1aYBrountis. first oi aii.e.Pro- uisianeea wiiicii aw no�ueiiwce ...��e :a:c effx: :o:r.o.^.o:v Cor ±1! !q•!:p.
<br />;pectiye bu�ers ot oublic vlav¢roun3- their own height. ment manufacmred after tha[ date,
<br />equipment commonly _make Iheir There is also a certain contradio- such a regulaiion would not address
<br />�selec[ion .f[om_companY,wtalogucs_,tion relative �o the policy of most the pmblem of how ro reduce ihe io- �
<br />�Aithough they hardty cons�iwte whnt schools �oward thcir play areas. Dur- juries occurring on the existing
<br />eould be called a"warning label; ' ing gym periods, in an activi�y which piaygrounds.
<br />some of these catalegues will have involves the risk of falling from an7� plthough the standard proposed
<br />faotnotes spaced randomly height, or during which a child may for public piayground equipment has
<br />throughout Iheir pages with land on his or her head, care is taken some serious weaknesus, il is a[ least
<br />s�atements such as "We recommend to ensure that gym mats ace used. No a step in the right dircction. Unforv
<br />lhe use of, s_ [CSiIisAL.su[facc expiana�ion has ever been given as to mnatey, less progress haz been made
<br />underne3ih equipmen[ in�aRg9Lac: why the childreds heads do not need in improving the safety of Aome
<br />cidenlal falls," Manufacturers who protection at even greater heigh�s out playground ap0amws, on whicA
<br />alw sell synihetic surfacing material of doors, where Ihe surface is usualiy therc are one-half again az many
<br />use this ruommendalion more fre- less resilient than Ihe wooden evm fatali�ies as lhere are on public equip-
<br />, quently �han those who do not. In no ttoor, �- meN, but for w�hich the Consumet �
<br />case, however, does a playground � According m the "attracti.•e Product Sak�y Commission has ra ��
<br />' equi0ment catalogue clwdy s�ate: nuisance" doctrine, some form of jectedapetitionformantlatorysahty
<br />' WarninB: d4pot������� �F�< rnn duci which has been adopied in all bm a standards.'• (The CPSC's reply,
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<br />4Y.er . asDbaU,..�Vncrote. oc_packed few states," "one maintaining on his dated two�years afttt the petition was
<br />eoclh.. premises a condition, instrumrntali- filed, StatM that "wrrentiy available
<br />There is a second differtntt in the ty, machine, or o�her agency, which is information is not mfficient [o in-
<br />ease of public piay aOVarams. While, dangerous to young ehildrrn because dicale that a mandetory standard
<br />as mentioned above, Oarenu who buy dt their inabilily to apPreciate peril !or home playground cquipment is
<br />backyard sets Iend to be iBnorant of may reasonably be expected ro attract necessary at this time to address any �
<br />their Ootential dangers, school and them to its premius, owes duty to ex- risk of injury associated with Aome
<br />park.ofC�eials.cannot..be:.u�uwan�' ercise reasonable care to protn:t them playground equipment: ') �
<br />theinjutiezv�hichaccuisegulazly-en againsldangersofsuchattraction:'�� In conciusion, well-designed �
<br />Iheir_proxrtv. The fac� ihat school The apalhy exhibited by most playground apparems, properly im '
<br />and stale records of�en do not re0�e� school officials to the issue of stalled and maintained over an
<br />the nature and ex�ent of Ihese ac- playground accidents on their energyabsorbing surface enhances a
<br />cid<nls does not mean tha� �hey are premises cam probab�y be treced w child's developmenl, both physically
<br />nol accurring, only �hat the records their having enjoyed tort immunity and psychologically. Because of Ihe
<br />are poodyk.£py -�� - for so long that adminisvators ao- numerous sakty pmblems wAich
<br />Perhaps lhe mos� signil'icam diG mally came to believe ihat, in effect, have been associated with it, �
<br />ference between backyard and school ^�he king can do no wrong." Given however, some school distritts have �
<br />playground equipment, however, is �he frequency of playground equip- chosen to eliminate play equipment �
<br />ihe element of ccercion. If parents do mem injuries, with their amompany- ahogether. If administralors am un• . -
<br />nol choose to Durchase e play sel for ing risks of permanent damage to the willing [o accept res0onsibiliry for m-
<br />their yard, or to allow �heir chitd Io young child,,thej;sug Of Mgardin� suringitasahty,thenremava�maybe
<br />play on a neighbor's scl, or evrn to Ic� play�d.,appa�a� �•_ w�h'�h �.-� Ihe �visest course of action. A sociny
<br />Iha1 child use panicular pieces of up- slallad oveSg.po�^""'�b �"'�"� °'•- capable of landing a man sakly on
<br />parums at �he local Dark, they are fa�c os an _aqractive nuisantt" is a �he moon, hoaever, shou�d be a�. .�'�
<br />undcr no abligation Io do any of rcal 9�s. - capable of landing a child. gmtly on
<br />, thece 16ings. By law, howevcr,_ ihe �— Because of Iht veriely of producls carth.T .
<br />p;vems are compelled io xcnd �hc sold as pIaYB�����nd eqniP���cm for
<br />cl�ild �n school, where he ur she is rc bnlh public and privare ase, �he xufo- sre, Referenres, p.67
<br />y'iired b� So oul .n r:cen iinm �o a 13' i..ue. rclatrJ �u Iheir design. in- .
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