USE OF SCHOOL SWINGS.

New Zealand Herald, Volume LXIII, Issue 19512, 16 December 1926, Page 14

USE OF SCHOOL SWINGS.

LIABILITY FOR ACCIDENTS. COMMITTEES' RESPONSIBILITY. Divided , opinion on the question whether a school committee or the Education Board was liable for accidents to children using school swings recently caused the board to obtain an opinion from its solicitors. The opinion received a,t a meeting of the board yesterday read as follows: "In the_ first place, although there may be varying opinions as to the suitability of the appliances, where children of tender age are concerned, it is clear that neither appliance is of such a sufficiently dangerous nature that negligence can be imputed from its mere use, In an opinio© the question could arise only where there is some defect either in the appliances, themselves or in the method of fixing or in some way arising out of tho surrounding circumstances. By section 49 of the Education Act it is the duty of the committee to keep the school in good repair and order, and to make all arrangements in regard to the care of tho school ground, gates and fences as shall conduce to the health of the children. Therefore, in a case where negligence can be imputed to lack of exercise of care, the committee would be liable." ' It was decided to convey the nature of the opinion to the Fairfield Committee which had raised the question.