04-27-1993 PTRC Meeting Minutes - Laserfiche WebLink

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(July/August 1985 ) • b . There is a recognition that children can fall off almost anything and , that falling is not a concealed danger . "Certainly a normal child nearly seven years of age - indeed any child old enough to be allowed at large- knows that if it steps or sleps from a tree , a fence or other elevated structure, it will fall to the ground and be hurt . " Hocking v. Duluth , Missabe & Iron R. R . Co . , supra. 1 ) fact that structure is easy to climb and therefore easy to fall from is not diapositive . See, Coon v. Kentucky and Indiana T . R. Co. , 163 Ky. 223, 175 S. W. 325. c . As more and more parks install sand or pea gravel beneath playgroung equipment the more likely the standard of care will change to require that playground equipment installed on concrete or asphalt play surface fails to meet current design standards . ( 1 ) Example - Plaintiff injured when she fell off slide onto dirt playground surface . Other schools in area had asphalt play • surfaces . Court held that evidence of other surfaces admissible to show general custom or usage and thath this evidence may be considered on the issue of negligence . See Bessette v. Enderlin School Dist. No. 22, 310 N.W. 2d 759, 763 N.D. 19 1 B. Negligent Maintenance 1 . General Rule a. duty to maintain playground equipment or apparatus in a resonably safe condition ,,. b. Failure to inspect premises or equipment may be basis of liability for injury caused by faulty conditions . See 37 ALR 3rd 738 . c . "A city is not an insurer of the safety of persons who make use of its park facilities. It is required to exercise reasonable care in the maintenance of its parks and in the supervision of their use by the public. " E. McQuiliin, 18 Municipal Corporations ,.53. 112 at 580. See • 297