Q: What is the code or codes for the repair / replacement of playground rubber safety surface matting?
A: In most states including New York there is no "Code Requirement" or legal regulation which requires that playground rubber safety surfaces be repaired or replaced on any particular schedule. These systems, often described as head injury fall attenuation systems, are to be kept in a good state of repair by the owner of the playground on common law concepts that the owner will not act in a negligent or careless manner causing harm or injury. On this basis if pieces of the protective system are missing or torn, etc, and injury occurs, a legal claim in negligence for personal injury may be possible. But if the playground is owned by a local governmental agency such as a town or a school district, in New York and other states, you may have to serve a written notice of claim and injury within 90 days of the occurrence. In addition, to fully prove a case of personal injury, you may have to show that the owner of the playground had prior notice of the dangerous condition by written notice or otherwise. Consult a knowledgeable attorney immediately.
A: In most states including New York there is no "Code Requirement" or legal regulation which requires that playground rubber safety surfaces be repaired or replaced on any particular schedule. These systems, often described as head injury fall attenuation systems, are to be kept in a good state of repair by the owner of the playground on common law concepts that the owner will not act in a negligent or careless manner causing harm or injury. On this basis if pieces of the protective system are missing or torn, etc, and injury occurs, a legal claim in negligence for personal injury may be possible. But if the playground is owned by a local governmental agency such as a town or a school district, in New York and other states, you may have to serve a written notice of claim and injury within 90 days of the occurrence. In addition, to fully prove a case of personal injury, you may have to show that the owner of the playground had prior notice of the dangerous condition by written notice or otherwise. Consult a knowledgeable attorney immediately.
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