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Selected school playground liability cases and their relationship to playground safety

Posted on:1991-03-18Degree:Ed.DType:Dissertation
University:University of San FranciscoCandidate:Sutkus, ThomasFull Text:PDF
GTID:1472390017450917Subject:Education
Abstract/Summary:PDF Full Text Request
This study seeks to examine current tort liability law with specific emphasis on school playgrounds and playground equipment. It also offers general guidelines and recommendations regarding playground supervision, facilities and equipment, considerations for disabled students and risk and litigation strategies.;The next section of the study deals with supervision and facilities. Chapter four addresses issues of proper supervision, "standard of care" and contributory negligence. This is accomplished through a review of selected court cases. Chapter five focuses on cases which point out the need for proper facilities and equipment which are safe for their intended use.;The third section of this study highlights the need and requirement for playground facilities and equipment to be accessable for use by disabled people. Selected case law and statutes are cited to illustrate this point and are contained in Chapter six of this study.;The final section of this study is contained in Chapter seven which covers risk and litigation management strategies. These strategies include a job description for playground supervisors, medical emergency plans, equipment inspection procedures, ongoing risk management guidelines, and litigation management procedures.;The study is divided into four main sections. The first section consisting of Chapters two and three reviews the concepts of tort liability and negligence. A historical review and definition of tort liability is offered and cases are cited which illustrate the judicial and legislative trends to erode the assumption of risk doctrine and governmental immunity. Additionally, the three basic conditions required to support a claim of negligence are stated. This is balanced by a review of cases which highlight the legal status of governmental immunity and assumption of risk.
Keywords/Search Tags:Playground, Cases, Liability, Equipment, Risk, Selected
PDF Full Text Request
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