Glamping Site Owners’ Guide To Liability

Managing Risk in Outdoor Play Areas:

Why Responsible Business Owners Need Not Worry

Concerned that a playground accident could lead to a lawsuit? This guide will help ease your worries by covering everything you need to know about managing risk in outdoor play areas. You’ll learn how UK law supports responsible business owners because of the need for children’s adventure, what safety standards you should follow, and how performing simple checks will keep you compliant.

We also explore the HSE’s (Health and Safety Executive) view on risk, revealing they believe the fear of legal claims is often exaggerated, and emphasise that appropriate insurance can protect your business.

Based on advice from the HSE, DCMS (Department For Children, Schools And Families), and RoSPA (Royal Society for the Prevention of Accidents), we explore the 3 essential key points of information every business in the leisure and tourism sector needs to know about hosting an outdoor play area.

And more importantly, why they shouldn’t lose any sleep over it.

1. Risk Is Recognised As Part Of Play

‘When planning and providing play opportunities, the goal is not to eliminate risk, but to weigh up the risks and benefits. No child will learn about risk if they are wrapped in cotton wool’ – Health and Safety Executive

• Risk is seen as essential for children’s development.
• UK law supports managed risks in play areas.
• Courts acknowledge children need to explore and challenge themselves.

Play equipment shouldn’t aim to eliminate all risk, but focus on preventing serious harm. Allowing children to engage in slightly risky activities, like climbing, is beneficial for their growth. The law recognises this balance between safety and developmental needs, meaning courts view a degree of risk as acceptable.

The Health and Safety Executive, Britain’s national safety regulator, emphasises this in their guidelines, and wants playground providers to control serious risks without being overwhelmed by documentation.

As they mention in their paper, Promoting A Balanced Approach, ‘accidents and mistakes happen during play – but fear of litigation and prosecution has been blown out of proportion.’

2. Safety Standards

‘Play is a safe and beneficial activity’ suggests the HSE guide, ‘sensible adult judgements are all that is generally required… in making these judgements, industry standards such as EN 1176 offer benchmarks that can help’.

• Use equipment that meets British safety standards.
• Ensure surfacing is adequate to protect from falls.
• Regularly inspect equipment.

Ensuring your play equipment and surfacing comply with British safety standards (EN 1176 and EN 1177) shows that your site prioritises safety. It shows you’ve taken reasonable steps to protect visitors.

3. Duty Of Care

• Signage – Clear signage can reduce accidents and ensure that visitors understand safety rules.
• Insurance – Ensure liability insurance covers your playground.

Documenting regular inspections and maintenance demonstrates that you’re actively managing risk, and are taking reasonable precautions to keep the play area safe.

Considered one of the best in the play industry, Creative Play excel at aftercare, providing a same day call-back response time to enquiries within normal working hours – so if you ever do come across an issue with equipment, speedy help is at hand.

Legal Protection For Playground Providers

• UK law requires you to manage, not eliminate, risk.
• Courts focus on whether reasonable steps were taken.

If an accident ever were to occur, courts would assess whether the risks were reasonable and managed properly, not whether the environment was completely risk-free. The HSE paper Promoting A Balanced Approach reminds businesses that ‘provided sensible and proportionate steps have been taken, it is highly unlikely there would be any breach of health and safety law involved, or that it would be in the public interest to bring a prosecution’.

Summary Of Playground Liability

• UK law recognises that risk is an essential part of children’s development and doesn’t expect businesses to eliminate all risks. By following British safety standards and maintaining equipment, you are demonstrating responsible risk management.
• The Health and Safety Executive encourages a balanced approach, emphasising sensible precautions over excessive paperwork, and states that provided reasonable steps are taken, prosecution is unlikely.
• Having adequate liability insurance provides further protection.

Why Creative Play is Your Trusted Partner

At Creative Play, we’ve been helping businesses in the leisure and tourism sector create safe, engaging playgrounds for over 30 years. We offer a full-service solution, from custom playground design to installation, compliance, and ongoing maintenance.

• Expert Guidance on Safety Standards: We handle all aspects of safety, ensuring your equipment meets EN 1176 and EN 1177 standards. Our team can also provide regular inspections and maintenance services.
• Tailored Playgrounds for Your Business: Whether you run a glamping site, caravan park, or a visitor attraction, we’ll design a play area that suits your unique needs and space.
• Ongoing Support: Our service doesn’t end after installation. We provide comprehensive aftercare and maintenance to keep your playground safe and compliant for years to come.

Get In Touch and see what we can do for your glamping site today!

Please note: This guide is for informational purposes only and should not be considered legal advice. We recommend consulting with a legal professional for guidance specific to your situation.

Sources

Promoting A Balanced Approach, HSE (Health & Safety Executive), 2012

Managing Risk In Play Provision, DCMS (Dept For Children, Schools And Families), 2008

ROSPA https://www.rospa.com/policy/play-safety/advice/playground-accidents