Recently, Rabbi Ben and I were walking near Darling Harbor in Sydney and we spotted what might just be the coolest playground ever.  If you ever had a Spiderman fantasy, this is the playground to visit.  We were both laughing, though, because you’d never see such a cool playground in America.  Some kid would fall from the top, break his/her neck, and the ensuing lawsuit would be the end of that playground!  Which led us to wonder… what would Judaism say about that situation?

The truth is, there are two conflicting aspects to Judaism.  First, there is personal responsibility.  A person is responsible for his own actions (and presumably parents have responsibility for their kids).  Under this theory, if you choose to play on a playground, or to let your kids use it, then you are assuming a risk.

But even Judaism insists that this risk must be reasonable.  Landlords are not permitted under Jewish law to rent out places they know are unsafe.  They are required to make the necessary repairs. If they fail to, they are liable for the injury that comes from it.

So it seems to be a combination of the two.  The question is actually pretty consistent with American law, although it probably would be a bit more lenient when it comes to really fun playgrounds.  If the ground beneath the toys is soft and the toys are strong and sturdy, the owner probably won’t have any liability.  The rest of the risk is assumed by the person playing or their parent. (Where American law diverges is that an extra burden is placed on landlords who have a “kid magnet” on their property – and playgrounds are definitely kid magnets!)