MORE
THAN
MULCH
THE IMPORTANCE
OF MAINTAINING
PLAYGROUNDS
By Brian Kalmenson, CIRMS shockwaves throughout the industry as a very clear case study on
how not to handle playground equipment maintenance.
A Thompson v. Lamplight Village stemmed from a 2013
incident involving a then-15-year-old boy who took a seat on the
community’s swing set and sustained serious injuries after a
42-pound crossbar broke and landed on his head, resulting in a
traumatic brain injury. Though the injuries sustained in this case
would by themselves make this a cautionary tale to others to
conduct proper maintenance, the details that led to the eventual
judgment were hard to believe.
s many families with young
children or grandchildren
can attest, there are few
amenities within a community
association that can compete
with a playground. In addition
to serving as a place of endless
entertainment for children, they can
also provide a great gathering spot
for the adults within the community
looking to socialize outside of the
house with friends and neighbors.
With playgrounds being such
attractions, it is important to ensure
proper maintenance for the safety
of all who use the playgrounds as
well the association itself. According
to the National Program for
Playground Safety, a child is seen in
a U.S. emergency room on average
every two and a half minutes from
a playground related injury. While
playground injuries clearly happen,
a Las Vegas case recently sent
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SAN DIEGO COMMUNITY INSIDER
SUMMER 2019
After the incident took place, an investigation revealed that
there were multiple prior incidents where the top bar had fallen,
one such incident appearing to have occurred after the association
had had the bar welded back into place. Further, the association
had been informed by the manufacturer that the swing set needed
to be professionally inspected and maintained. The association
had on multiple occasions turned down an inspection plan that
would have cost $150 per month, equal to roughly $0.50 per owner
per month.
With the combination of the significant injuries sustained by
Carl Thompson and the association’s failure to properly maintain
the swing set, the judgment against Lamplight Village was an
eye-popping $20,000,000. This included $10,000,000 in “pain
and suffering” and a matching $10,000,000 amount in punitive
damages. Notably, the association’s liability insurance was
reported to be only $2,000,000, which would leave $18,000,000 of
the judgment uninsured, equal to nearly $90,000 per unit.