I saw this sign up at a playground attached to a Hotel recently and most likely you’ve probably seen similar signs at the entrance to car parks and other venues where there is the prospect of an injury occurring.

I know many people have become convinced that we have become “litigation mad” and children can’t play freely anymore because of fear of litigation.  These signs tend to increase the perception that there has been a drastic rise in the number of claims against playgrounds and Councils from children injured simply by being kids.

It is possible for someone to get a legally enforceable waiver of liability from you before you use their services.  However, the waiver must be very carefully worded, you have to understand the risk you are accepting and you have to sign off on it.  It is possible for parents to sign an indemnity against any liability incurred to their children but they also need to be aware of the risk they are assuming.

One of my children could not even read this sign much less understand the risks involved in playing in the playground.  Neither of them could sign a waiver and I did not sign an indemnity.  This sign therefore makes absolutely no difference to the legal liability of the Hotel.

It is worthwhile remembering though that the Hotel only has a duty to exercise reasonable care to avoid foreseeable risk of injury to children using their playground.  They are not liable for all injuries sustained by kids.  They will probably be liable if they have constructed a play fort poorly so that it collapses as soon as the children climb into it.  However, they will not be liable if the kids trip over their own feet while playing tiggy!

There are also restrictions now on liability for injuries sustained as a result of a “dangerous recreational activity”.

If your children are injured as a result of poorly constructed or maintained play equipment, they may have a claim for damages.  Luckily, that is extremely rare.  Kids can still be kids and signs like this should not concern you that the playground is unusually dangerous or that there has been any drastic rise in the number of claims against playground operators.