Due Process

Reducing Exposure to Liability Suits and the Management of Risk Association with Children Play Areas

Abstract

The sponsors of children's play structures have become increasingly aware of the risks involved through recent liability suit awards. Lawsuits are likely to include those who design, manufacture, purchase, install and maintain these structures. In short, legal liability may be shared among all those who have had any responsibility in bringing the structure to the children who use them. Current court cases have outlined weaknesses in the process of bringing facilities in line, which a carefully planned and recorded risk management program is likely to eliminate. The process of improvising protection from liability, proceeds through several steps. The first of these is the provision of adequate warning of the dangers involved using letters or signs. The next several steps include systems to document the design, installation and maintenance of the equipment. These steps are fundamental to a procedural "due process" which can significantly reduce exposure to losses. One example of a system now in use, and proven effective in court proceedings in the past few years, includes the following: 1) provide immediate attention to potentialiability disputes, 2) keep long term records, 3) secure public support at the onset of the project and work to insure that it is kept, 4) provide on-site visits for juries to demonstrate maintenance procedures, and 5) trust in your competence and take a firm stand in court. This process can be used to guide a swift, direct, but compassionate handling of problems that can lead to a "WinWin System of Risk Management." Following this model, large awards paid as a result of claims will be significantly less likely.