Are the SLP playgrounds safe? 

Kids don't lose in court-- it's a legal maxim.

The playground equipment in the SLP common areas (parks) have been in existence for over 25 years. Some of the equipment was installed by volunteers. Some of the equipment has recently been removed because of dangerous conditions. Regardless of posted signs warning of that SLP assumes no liability due to use of playground equipment, the Board may still be subject to risk of injury and legal action. (Note the spare parts debris in back of the sign.) Whether the Board's maintenance/inspection plan can be a waiver for CPSC compliance, the verdict is still out on the liability issue. The community is still at risk for liability for injuries that occur on the equipment. A resident has recently called the Board's attention to a lawsuit that could happen on our playground equipment and steps that can be taken to mitigate liability.

In late February 2018, a jury handed down a $20,000,000 verdict against a Las Vegas HOA after a swing set crossbar in the common area fell on a 15-year-old boy's head, causing permanent brain damage. Court records show the HOA did not have a maintenance and inspection plan on their playground equipment nor did they inform the property owners of the issue. CVN reports

The homeowners are currently at risk of holding the bag to the tune of as much as $90,000 each.

One Board member called this a fluke, however attorneys are watching this case. Whatever the outcome, it could happen here, and with only a $1 million dollar insurance limit, the seldom used equipment is a liability risk that outweights the benefit.

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