Tuesday, September 12, 2023

The Lawyer on the Playground: the price we pay for a litigious society

 Intellectual Takeout

Tony Christopher, executive director of the National Institute for Play, said playgrounds post these signs hoping to “mitigate the liability of the entity responsible for the playground (school, municipality, etc.) in the event they are sued.”

“Welcome! Play Safe” reads the sign at a Fairfax County Public School playground in Virginia just outside of Washington D.C. It goes on to list a few simple rules — 21, by my count.

"First off, the playground should never be used when it’s frozen. Or wet.

"There can be no climbing on things like the safety rails (which are… fences?). And kids must not wear any clothing with drawstrings, hoods or toggles when playing — because these could get caught on something. (Ponytails seem grandmothered in.)

"On the slide, children must “take turns,” “sit in an upright position,” and “not climb.” There also must be “No loitering at slide entry or exit.”

"Loiter not, little ones!

"While she has seen this same sign at a playground for kids ages 6-12, Katie Courtney, a 32-year-old mom of four who brought this sign to my attention, says: “This is literally a playground that’s for 2- to 5-year-olds.” The slide there is about “as tall as an adult.”

"Nonetheless, when a child gets up to the top, legally they must hustle their butt right down. This disturbs Coutrney, who has her master’s in education and used to teach pre-school.

“ 'Part of the fun of being on the playground is that for three seconds you’re at the top of the slide — you have one moment of being in charge.” And if another kid is right behind you? “How hard is it for a 4-year-old to negotiate, ‘You need to move! You’re blocking everyone else!’?”

"Without legal counsel? That’s crazy." . . .

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