The short answer is “probably”. Daycare centers and other organizations or institutions that care for children have responsibility for not only making sure that their premises are safe for childen, but also have a duty to supervise children at every point throughout their day.
A daycare that has playground or other equipment that the children will be using or playing on or around, has a duty to make sure that the equipment is not dangerous — i.e. that it is sturdy, that it is firmly anchored tot he ground if it is supposed to be, does not have sharp edges, and is not rusted or weakened. In our opinion, the facility should not wait until a piece of equipment has a problem. Because the equipment is being used by young children who do have life experience and may not see a problem that an adult might find obvious, we believe that a daycare should take a few extra moments each day to inspect its equipment and perhaps hand-test the equipment before the children are allowed to use it.
Similarly, a daycare should know that children are curious and many times have not developed the same level of “common sense” or experience as adults when it comes to playing on or around equipment. A daycare should be supervising children closely while the children are playing around any equipment that move under them or fall on top of them. Too many times, our experience with daycares is that the teachers or helpers tend to gather together in one area and talk — many times not closely watching the children. It is at times like these that accidents and injuries usually happen.