Playgrounds are a place where children laugh, climb, and explore. However, they can also be the site of serious accidents. Across Canada, it’s estimated that between 100 and 400 out of every 100,000 children will be treated in hospitals each year for playground-related injuries. The most common playground accidents involve fractures to the arms, legs, wrists, and head.
While many of these accidents are simply part of childhood play, others are linked to unsafe equipment, poor maintenance, or hazardous surfaces. In those cases, questions of liability and negligence arise. Understanding who is responsible for playground safety and when an injury may give rise to a legal claim can help families make informed decisions after an accident.
Common Causes of Playground Accidents
While children are naturally active and sometimes get hurt during play, some injuries stem from preventable hazards. When equipment isn’t properly maintained, surfaces aren’t designed to absorb impact, or safety standards are ignored, the risk of serious harm increases. These issues can turn what should be safe spaces for children into dangerous premises. Some of the most common contributing factors include:
- Unsafe equipment design or installation: Broken, outdated, or poorly installed structures pose serious hazards. Regular inspections, repairs, and maintenance are essential to keep equipment safe for use.
- Lack of ongoing maintenance: Even well-designed equipment can become dangerous if it isn’t properly cared for. Rust, loose bolts, or worn-out components can all contribute to accidents.
- Inadequate surfacing: Hard surfaces like concrete, asphalt, bark, or grass do little to absorb impact, especially during a fall. Safer materials like rubberized surfacing significantly reduce the risk of fractures and other fall injuries.
- Lack of supervision: In schools and daycares, adults may have a duty of care to watch children and prevent unsafe behaviour. Public parks may not have direct supervision, but municipalities are expected to maintain safe conditions.
- Failure to adopt CSA standards: The Canadian Standards Association (CSA) provides gold-standard safety recommendations for playgrounds. However, these standards are voluntary, not law.
Who Is Responsible for Playground Safety?
In BC, playground safety responsibility and liability are based upon the Occupiers Liability Act. This legislation states that all property owners (and managers) are obligated to provide reasonably safe conditions for visitors. This means they must be aware of hazards, or ought to be aware of them, and take reasonable steps to fix the issue or warn visitors of the risk.
For playgrounds, this applies to:
- Municipalities, which operate public parks.
- School districts or boards that are responsible for schoolyards.
- Private property owners, such as day care centres, recreation centres, or strata corporations.
Negligence in these situations involves failing to inspect and repair equipment, ignoring known hazards, or failing to warn of risks. Importantly, not every playground accident results in liability. Children naturally fall, trip, and collide during play. What matters in these cases is whether or not actions the property owner took or neglected to take led to foreseeable harm.
How a Playground Accident Lawyer Can Help
At Stephens & Holman, our team has decades of experience helping families navigate dangerous premises cases. We guide clients through investigations, negotiations, and, if necessary, court actions. Our lawyers will review the specifics of your case, explain your options, and help you pursue fair compensation. Reach out to one of our offices today to learn more or to schedule your free consultation.