Over the past 25 years a significant volume of material has been produced with regard to playground injuries and injury reducing playground surfacing. The publication of various standards in Canada, the United States and other countries has added to the awareness of professionals in all aspects of playground design and heightened awareness of risk by those engaged in the installation and operation of playground facilities. With the issuance on February 9, 1993 of the Insurance Bureau of Canada (“IBC”) Bulletin No. AM 93-02, the insurance industry in Canada has taken the issue of liability in the commercial playground context (municipalities, school boards and day care) very seriously. These concepts will also extend to the play environments that are of the “Pay. for Play” type indoor and outdoor playgrounds but will apply with a heightened profile by virtue of the profit factor at operation.

Numerous studies have indicated that 60-70% or all playground injuries requiring medical attention are as a result of a fall to a surface under the playground equipment or to an intermediate platform. Nearly half or these injuries are head Injuries.

The issue of risk management liability and the risk exposure of the of the designer, manufacturer, contractor, owner or operator of any play space has become a significant problem. Understanding the criteria and standards that have been established and the potential for injury will assist in determining what, if any, risk is involved. It is important to understand three important aspects of the problem: liability and negligence, formal tests and test procedures for the evaluation of playground surfacing, and the ability to perform tests of installed surfaces and the availability of experts to provide evidence and testimony.