By David M. Baum, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
In Illinois and other States, children are injured in day care center playgrounds every day. Many injuries would have been prevented if the day care center properly supervised the children playing on the playground and properly maintained the playground equipment including swings, monkey bars, slides, stairs, see saws, and ladders. Pursuant to the Illinois Administrative Code, Title 89 – Social Services – Chapter III Department of Children & Family Services Rules (including licensing standards) Subchapter E (Requirements for Licensure) Part 407 – Section 407.390, Outdoor Play Areas, day care centers are required to maintain the playground areas and equipment in a safe, clean, and sanitary manner. The outdoor play equipment should be of safe design and in good repair. Day care center owners and employees should inspect the equipment to make sure that the equipment is free from sharp points, sharp corners, wood splinters, exposed /protruding nails, rusty or loose mechanical parts, glass, lead based paints, and / or other hazardous or poisonous materials. Climbing equipment shall be securely fastened or anchored to the ground to prevent tipping over, balancing issues, or other dangerous conditions. Swings should be composed of rubber or impact absorbing materials. Wood and metal seats shall not be used. If children under the age of five years age use the playground equipment, guards or precautions should be implemented to prevent strangulation type of personal injuries. As you can see, there are numerous regulations in place that require a day care center to make its outdoor playground areas reasonably safe. While all injuries are not preventable on playgrounds, simple measures can be put in place and maintained to prevent injuries to children in Illinois day care centers.