Playground injuries can happen at schools, public parks, or at privately operated amusement facilities, as well as businesses providing instruction in various recreational pursuits.
Playground equipment, such as swings, climbing bars, merry-go-rounds, and the like, needs to be maintained defect free.
The operator of an amusement device has a duty to exercise ordinary and reasonable care and prudence to have and maintain and operate the device, and all appliances in connection with the device intended for the use of patrons, in a reasonably safe condition and manner for all ordinary, customary, and reasonable uses to which they may be put by patrons. The kind and quantity of precaution necessary to constitute reasonable care depends on all the circumstances and is proportionate to the likelihood of harmful consequences to others in the event that adequate care is not used. Once the operator of playground equipment or other amusement device is on notice, there is a requirement to investigate malfunctions and broken equipment, as a reasonable and careful and prudent person would do in like or similar circumstances, in order to determine what repairs or adjustments, if any, may be necessary to protect patrons from unreasonable risk of injury.