Futurists are continuing to predict and emphasize the tremendous growth expected for recreational activities of all types in the United States in the coming years. As our society continues to become ever more affluent, and with the public?EUR??,,????'???s increased awareness of our environment, it is only natural to expect landscape architecture to lead this movement as the prime design professional. With this leadership opportunity naturally comes some degree of responsibility.

It seems somehow ironic that with record numbers of the public utilizing these recreational and sport facilities, there exists record numbers of lawsuits being filed against both the designers and providers of the recreational areas, activities and equipment. Those designing and providing the sources of presumed leisure and recreation are subject to an ever increasing barrage of litigation. Well Bunky, no one ever said it was fair!

These realities, together with the maturation of landscape architecture in the eyes of the public and therefore juries, mean you will be finding yourself being held to an even higher standard of competence when your designs come under close scrutiny, especially in court. It is no longer sufficient to merely produce a nicedesign that looks great. You must be your own best and worst critic in examining how your design could possibly cause or just contribute to someone getting hurt.

Tot Lots, Parks, Playgrounds and Sportfields

First, examine those areas where people will most likely congregate for the activity of choice. The plant material should be appropriate for such settings. Common sense should prevail in not using plants that present a potential danger with sharp spikes or needles, for example. You need to also consider the growth habit of the plants. Do they block one?EUR??,,????'???s vision that might otherwise have kept a person from spotting a dangerous situation and therefore not getting hurt?

Next you must be very critical of the equipment that is going to be chosen or specified. It is not unreasonable to inquire to the manufacturer for the safety record of their product. Similarly it is prudent to determine whether the manufacturer maintains product liability for their equipment. It is safe to say, especially today, that if a supplier doesn?EUR??,,????'???t carry product liability, they probably have had a problem with claims and can?EUR??,,????'???t find or afford such coverage. Although carrying such coverage today is not a guarantee that the manufacturer will carry such insurance two years from now, it at least shows that you went beyond merely choosing the equipment out of a book. (The various specifying book services ought to require such information in order to list any product, not the amount of coverage, just if they carry product liability or not.) Since more and more people are requiring you to carry the design professional?EUR??,,????'???s equivalent to product liability, namely professional liability, why shouldn?EUR??,,????'???t you do the same thing to those whose products you represent?

Once you have specified the equipment, you will need to select the soft, cushioning material surrounding the equipment to prevent injuries to those using the equipment. That decision is equally, if not more important. On natural grass sport fields you will need to consider some form of sprinklers to keep the playing surface soft, healthy and resilient. There has been a dramatic increase in litigation stemming from sports injuries directly related to hard packed dirt where grass has been allowed to die. If you make a written recommendation to your client and it is rejected, you have covered yourself professionally by making your client aware of the potential danger. Their decision then may prove to be faulty, but at least you are on much safer ground.

Documenting the Problem

Finally, you need to begin considering your projects and designs after they are built. This starts by making certain the actual construction is according to your plans and specifications. If a ?EUR??,,????'??creative?EUR??,,????'?? landscape contractor doing the installation altered your plan, the onus is on you to notify the client, again in writing, that a problem exists. You ought to also consider giving your client some information regarding the maintenance needs of your plan to preclude dangerous situations from developing in the future. This might include such areas as directions for maintaining plant growth habit, annual replenishment of cushioning material and periodic safety inspections for the installed equipment to make certain hardware isn?EUR??,,????'???t missing and that the equipment is being utilized for that which it was intended.

Although this list is not and cannot be totally complete, it should provide you with sufficient information to get you thinking about the procedures within your firm when dealing with the design of the described areas. Once these procedures become the ?EUR??,,????'??norm,?EUR??,,????'?? not the exception for your practice, you then need only make certain your file documentation is equally as complete. If you have addressed these issues and properly documented your actions, you will be adequately prepared for the legal attack that ultimately can and will occur. You should not fear such a situation, since you will have done everything possible to be ready for your day in court. Good luck!