When a Philadelphia 4 year old feel off a cork screw while playing on an elementary school playground structure the case rested on three legal issues. 1. The depth of the surfacing, 2. in adequate supervision, and 3. age appropriate equipment. It was alledged that all three conditions contributed to the injury ( fracture of the child's left arm) according to attorney's involved in the case.
It seems the depth of the surfacing did not meet industry standards, the playground structure was built for 5-12 year old children and playground teachers supervising the playground were reportedly sitting on a park bench rather than "actively" walking around and scanning the play areas.
The case settle out-of-court for an unspecified amount.