Legal Basis

SN EN 1176/1177

Children's playgrounds that have safety deficiencies pose a significant risk of accidents. Forward-looking planning, professional construction, and regular maintenance help to identify and reduce risks in time.

The standards SN EN 1176 and SN EN 1177 largely define the safety requirements for publicly accessible playgrounds.

Technical standards are not legally binding per se, but they can become legally relevant - e.g., when they are used by courts in the context of claims for damages or in criminal proceedings as a benchmark for the care to be taken and the state of the art.

Compliance with the relevant technical standards is strongly recommended. With publicly accessible playgrounds that meet the safety requirements of SN EN 1176, accidents can be prevented, and the liability risk of the owner or operator can be reduced at the same time.

Owners’ liability

If the planning and construction of a playground is entrusted to a third party (e.g., a specialist company), this generally constitutes a contract for work and services. The owner of a playground always bears full responsibility for its proper condition. This includes the liability of the playground owner for all accidents that occur due to a lack of safety precautions. Users must not come to unnecessary harm; accidents should be avoided as far as possible. The statements of SN EN 1176/1177 thus create legal certainty for both sides - for users and owners. This is because carrying out regular and proper inspections and corresponding maintenance (according to SN EN 1176 Part 7) is also the only way for the playground owner to fulfil his obligation.

Role of the parents / supervisor

It is a legal duty of parents to supervise their children. This duty arises from the Swiss Civil Code (ZGB), from the provisions on parental authority (Art. 296 ff ZGB). During normal hours of use, children staying in the playground must be supervised. Inadequate supervision of children may not only lead to accidents but may also have legal consequences for parents (e.g., liability for negligence).

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