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How safe is playground equipment?
IU professor studies recreation and sports liability issues
Nov. 13, 2001
BLOOMINGTON, Ind. -- From playground equipment to weather risks, the legal issues involved in recreation and sports fascinate Bruce Hronek, a professor in the Indiana University Department of Parks and Recreation.
Hronek's research and teaching interests encompass playground safety, weather-related liability, and the relationship of risk management to recreation and sports.
"It wasn't that long ago that anyone injured through amateur sports or recreation programs would have any potential law suit dismissed as frivolous by the court system, but this certainly isn't true any longer," he explained. "Each year the number of sports- and recreation-related civil lawsuits filed increases. The trend to litigate and sue over rather trivial matters makes it particularly important for sports and recreation managers to be aware of the legal liability issues involved in this field."
Hronek, who travels throughout the world for presentations on these legal issues, recently returned from Germany and will be visiting China in the spring under the sponsorship of the Hong Kong Olympic Committee. He will be helping China to prepare for the legal aspects of the Olympics in 2008. He said issues covered in his lectures include the rights of athletes, drug testing standards, and the risk level athletes assume by their participation in a sport.
"The world today is very athletically involved, and this has brought with it a trend for more international law suits. Employees should recognize their responsibility in protecting the public from accidents and property loss while protecting their agency from unnecessary litigation. A good safety program is good public policy. Our goal in this process is to avoid litigation," said Hronek, who holds a law degree and has taught at IU for 13 years. He is the author of a popular college textbook in the field of legal issues in recreation and sports.
In terms of recreation programs, he said playground safety is significant. "Children are very special in our society, and they need to be protected. A major concern is to make sure the playground surface has adequate shock absorption," he said. "However, playground activities without risk are uninteresting and boring. To eliminate risk entirely is to eliminate fun. Even a small child on a playground swing enjoys the dangers of movement and height. All risks cannot and should not be eliminated. The key is to manage and minimize risk so participants are warned of any dangers and extreme dangers are eliminated."
He believes much of the current playground equipment is safe, elaborate and colorful but does not allow children to exercise their creativity and particularly their "make believe."
In the past, Hronek said, weather wasn't a factor in terms of risk management. "If a problem occurred, it was thought to be an act of God, but now things are different," he explained. He mentioned the recent heat-related death of a Minnesota Vikings football player and an incident a few years ago where the NFL halted a game in Chicago because of a lightning storm moving through the area. "If you go camping at a park site wh ere you have to pay and a tornado hits the area, what does the law say about liability? This is an area I am studying right now," he said, noting that the laws can vary considerably from state to state.
For more information, contact Hronek at 812-855-7819,bhronek@indiana.edu or (Richard Doty, 812-855-0084, rgdoty@indiana.edu)