Who is liable for Playground Injuries?

Playgrounds offer a valuable opportunity for children to develop their motor, cognitive, perceptual, and social skills. However, they are also a common site for avoidable injuries that can result in serious harm. To prevent such injuries, it is crucial to ensure that playgrounds undergo certified safety inspections and meet basic compliance obligations.

It is important to strike a balance between providing safe playground facilities that promote developmental play and protecting against liabilities. Negligence, non-compliance, and lack of supervision, inspection, and maintenance can all contribute to avoidable injuries.

Owners of play areas have a legal duty of care and are responsible for providing evidence in the event of a life-changing injury or death. Failure to identify risks and comply with the NZS5828 Standard may be considered negligence. To ensure the safety of children, inspection, maintenance, and compliance in accordance with the standard are essential.

A playground can be compared to a car, with many moving parts, structural components, and potential hazards. The NZS5828:2015 Standard requires two essential playground inspections. Firstly, a certified L3 Inspector should carry out an independent post-installation inspection upon completion of a new playground to verify compliance with the relevant parts of the standard. Secondly, an annual main inspection should be conducted to determine the overall level of equipment safety, stability, entrapment, and compliance with the relevant part(s) of the standard.

Playsafe Ltd is New Zealand's largest and leading provider of playground professional services, specializing in safety inspections, surface impact testing, and play area design reviews for schools, early childhood centers, and council playgrounds. Our inspection services are certified, independent, impartial, and confidential. Our inspectors are police-vetted and carry professional indemnity insurance for professional consulting services. The Ministry of Education, Education Review Office, and Local Government throughout New Zealand recommend Playsafe's reporting services.

In conclusion, ensuring the safety of playgrounds is crucial to prevent avoidable injuries. Certified safety inspections, compliance with standards, and regular maintenance are essential components of a safe playground. Playsafe Ltd provides certified playground inspection services and is a trusted provider of professional playground services in New Zealand.