Is the glass half empty or half full? I was struck by that eternal question when I read the ClaimStat Alert report that the New York City Comptroller Office issued in March. The subtitle, “Protecting Kids on NYC Playgrounds,” does not immediately explain that this is a compilation of personal injury claims brought against the city during the period 2005 to 2014. It covers all of NYC’s almost 1000 playgrounds.The New York Post immediately made a half empty assessment in its coverage of the release of the report. Their headline screamed “City shells out $20M over kids’ playground injuries.”
I suggest that there can be a totally different conclusion from the same data, effectively the half full approach. I believe that this is a remarkable document, one that dispels many concerns about liability held by those who commission or design playgrounds. It also shows the shallowness of arguments that urge tort reform as a prerequisite for flourishing of innovative playground design.