Maintenance
In light of the Thompson v.
Lamplight Village case, a significant
takeaway is that the minimal cost
of routine maintenance could have
prevented both severe injury to the
boy as well as significant financial
exposure to the association. For
the same amount as the Lamplight
Village judgment, the association
could have paid its monthly
playground maintenance fee for over
11,000 years and still had money left
over. As with most components,
with proper care and preventative
maintenance, playground equipment
can be kept safe and usable for
many years. While replacement is
necessary at some point, it should
never be the case where anyone’s
personal safety is in jeopardy from
equipment failure due to lack of
maintenance which is why regular
and routine maintenance is so very
important.
Insurance
If a community has playground
equipment or other types of
unique common area amenities or
components, it is important to have
a conversation with the association’s
insurance broker to ensure that
adequate protections are in place
to protect the association. As
insurance is intended to transfer
risk from the association to the
insurance company, coverage limits
should be reviewed considering the
community’s specific risk exposure.
The Lamplight Village case serves as
a rare but anxiety-inducing example
of a worst-case scenario type
event where the exposure winds up
exceeding the protections afforded by
the insurance policy.
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SAN DIEGO COMMUNITY INSIDER
SUMMER 2019
Playgrounds are important places for children, especially as
we are in a time where it seems as though cellphones and tablets
are extensions of our own bodies. A well-maintained playground
provides a place for children to stay active and develop a healthy
lifestyle, additionally allowing for them to socialize with others
outside. Though slips and falls are unavoidable, mitigating far more
significant issues is possible with proper maintenance and attention.
They say good things don’t come cheaply, but when it comes to
playgrounds, paying a little now will probably cost you less later.
Sometimes in more ways than you know.