The Administrative Court of First Instance of Kalamata, with decision no. 398/2023, upheld the lawsuit filed by the parents of a minor who was injured in a playground, recognizing the obligation of the respective Municipality to compensate the parents, as legal guardians of the minor.
The Court affirmed that Local Government Organizations are responsible for the proper maintenance of playgrounds and the safe stay of visitors, as well as for taking necessary measures to protect public health and life of residents using these spaces.
Furthermore, it held that Local Government Organizations have the duty to maintain the infrastructure and facilities of playgrounds and generally to ensure safety conditions upon entry and stay of individuals within the playground.
The deficient fulfillment of this duty by the Municipality was causally linked to the injury sustained by the minor at the playground, due to a fall from a partially damaged horizontal bar.
Finally, the Court rejected the Municipality’s argument seeking exemption from liability based on the claim that school teachers accompanying the students should have checked the safety of the playground and prohibited its use. The Court ruled that the Municipality cannot be relieved from its statutory obligation to ensure proper maintenance of the playground equipment and premises, including effective fencing and sealing of parts or all of the equipment, actions that the Municipality failed to undertake, which ultimately led to the accident.
