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27/10/2014

The Legal Position On Safety Surfacing

DCM Surfaces are frequently asked whether or not it is a legal requirement to install safety surfacing at schools, nurseries and other playground areas. The truth is that in fact there is no law which states that safety surfacing must be installed however, it is highly recommended by a number of professionals.

Top safety organisations such as RoSPA, BSI, NPFA and CAPT highly recommend the installation of safety surfaces. Firstly, to help protect children from injury should they slip, trip or fall when using the surface but secondly to also protect those in charge from any potential personal injury claims which could be lodged against them as a result of injury.

Unfortunately we currently live in a “claims culture” where some people will make exaggerated claims of personal injury in order to wrongly obtain compensation. Whilst there are genuine claims for personal injury it’s these fraudulent claims which nursery owners, schools and playground owners need to protect themselves against.

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The Department of the Environment ‘strongly recommended’ its use in 1978 while the Department of Culture, Media and Sport (currently the Government’s lead body on playgrounds) advised its use in their Playground Safety Guidelines (1993) as one of the design elements of a safe playground. The Health and Safety Executive has also recommended it.

Many courts are now recognising wet pour safety surfacing as good practice, there has been an increase in the number of out-of-court settlements which have arisen from playground accidents and this would suggest that more and more courts recognise safety surfacing as good practice, especially when placed under new equipment.

Injury often occurs as a result of children having an inquisitive nature, more often than not they will find new and exciting ways to use play equipment and this isn’t always the way in which it’s intended to be used as outlined by a playground manufacturer.

When injury does occur it can be very upsetting for a child, whether it’s a bump, bruise, cut or even something more severe and life threatening. Common playground injuries include fractures, broken bones, internal injuries, concussion, dislocations and even in some cases amputation.

Although playground design, equipment installation and equipment maintenance are all important factors; safety surfaces too should be given careful consideration.

Wet pour safety surfacing is strongly recommended when installed correctly once the critical fall height has been properly calculated.

Hard surfaces should be avoided, but if you are unsure then make sure that you speak to experts within the industry and they can advise you. Safety surfaces must have the ability to absorb shock and therefore installation for prevention of injury is strongly recommended.

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