Playground Fall Liability
As illustrated by the cases described herein, a review of reported court decisions involving landowner liability for recreational injuries in general, and public playgrounds in particular, indicates liability is the exception, rather than the rule. Generally, the legal duty of care owed by landowners to invitees (i.e., those expressly or impliedly encouraged to enter the premises) is to inspect and repair or remove known or discoverable hazards within a reasonable time. When repair or removal is impossible or impractical, landowners are required to provide an adequate warning of hazards on the premises, unless the general scope of the risk would be open and obvious through the reasonable use of one’s senses.
Negligence liability for an alleged defect on the premises also presupposes the e....
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