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Photo:Geoffrey Croft / NYC Park Advocates

Posted: Sunday, 20 July 2008 5:48PM

Advocates: NYC Ignores Hazards, Demand Testing



NEW YORK (1010 WINS)  -- Parents, plaintiffs and grandparents call on the city to begin testing all materials installed in playgrounds to avoid children getting burned. Each year more than a dozen children are treated Ianthe city's three burn centers due to injuries caused by playground equipment that reach dangerous temperatures. This figure does not include children treated for burns in emergency rooms in local hospitals. Despite years of parents calling for the city to address this public health and safety issue, the city continues to install products that reach dangerous temperatures in warmer weather. The Parks Department spends tens of millions of dollars in playground renovations annually, but to date it does not test materials for the heat they may generate. The city relies on safety standards, in part,created by the American Society for Testing Materials which also doesn't test for heat.

Temperature readings taken on playground safety surfaces this week by NYC Park Advocates reached more than 165 degrees. According to doctors, contact with a surfaces over 120Ëš can burn the skin in amateur of minutes and once temperatures approach 140 degrees a matter of seconds.

"For years the city has known about the burn dangers these black rubber mats pose," said Anne Casson, mother of 18-month-old William who spent four days in the burn unit in May 2007 after being burned on black safety surface matting in Cat Bird Playground in Carl Schurz Park. "Instead of protecting its children, the city chooses to protect itself. Our goal is to prevent other children from getting burned. Playgrounds are our backyards and allow families to stay in the city. If these black rubber mats were in our backyards, we would replace them with an alternate safety surface, and we will continue working to make the city do the same."

According to an eyewitness, another child was burned in the same playground last month.

"No parent should ever have to see their child suffer days in a burn center because they touched a material in a playground for a couple of seconds," said Reyhan Mehran, whose 14-month-old boy suffered severe second-degree burns and spent three days in the ICU. He was burned on rubber safety surfacing mats in Van Voorhees Playground in Brooklyn in 2004.

"Products that reach extremely high temperatures on normal sunny days have no place in our city's parks. I can't understand why the Parks Department would not immediately remove materials that are severely burning children in playgrounds every summer," Mehran said. "Placing these products steps from sprinklers or other features that attract small children on sunny days is negligent. Who would think that a rubber mat would get hot enough to cause second- or third-degree burns? At the very least, the Parks Department has an obligation to warn the public that these materials are dangerous."

NYC Park Advocates is establishing a database for the public to report burn cases.

"The city's repeated use of products without first testing them is nothing short of negligent," said Geoffrey Croft, president of NYC Park Advocates. "Ignoring documented cases of children being hurt over the years is a sad indictment of the city's failure to guard the public against known safety hazards resulting from the installation of mats and other playground features. The city's reaction has been to attempt to affix blame to the users, parents, and caretakers for not properly supervising their children instead of taking responsibility for allowing dangerous products to be installed in our parks. Products that have time and time again proven to hurt children."

The U.S. Consumer Product Safety Commission's Public Playground Safety states, "When deciding on the best surfacing materials keep in mind that some dark colored surfacing materials exposed to the intense sun have caused blistering on bare feet. Check with the manufacturer if light colored materials are available or provide shading to reduce direct sun exposure." (Section 2.4.2.1, Unitary Surfacing Materials - http://www.cpsc.gov/cpscpub/pubs/325.pdf)

Select Cases:

- Billy Anderson of Midland Beach, age 13 (son of Lisa Anderson): Burned at Clove Lakes Park Playground in Staten Island in the summer of 2002; treated at Staten Island University Hospital. Borough Parks Commissioner Thomas Paulo was notified via certified mail, but no reply was ever received (Staten Island Advance, 7/1/2003 - Heidi J. Shrager, reporter, shrager@siadvance.com). No claim filed, according to the City Comptroller's office.

- Ryan Mazzola of Midland Beach, age 18 months (son of Catherine Edwards): Burned at Midland Beach Playground in Staten Island on 6/26/2003. Suffered first- and second-degree burns; treated at Staten Island University Hospital. Parks Department notified. Litigation is ongoing.

- Patrick Kaywattie, age 2 (son of Agnes Moran): Burned at Sarsfield Playground in Brooklyn on 6/25/2003; treated at Staten Island University Hospital. Parks Department notified. City served Notice of Claim and Summons and Complaint on 9/16/03. Case settled out of court.

- Kian Mehran-Lodge, age 14 months (son of Reyhan Mehran): Burned at Van Voorhees Playground in Brooklyn on 7/20/2004; treated at Staten Island University Hospital. Suffered severe second-degree burns and spent three days in the ICU. City was served a Notice of Claim on or about 9/14/2004. City was served a Summons and Complaint on 9/1/2005. Litigation is ongoing.

- Itamar Pres, age 3 (Son of Noga Harizman and Zwika Pres): Burned on metal ramp at Brooklyn Bridge Park 7/30/2006. In the hospital for 11 days as a result of his burns. City served Notice of Claim and Summons and Complaint on 9/5/06. Litigation is ongoing.

- William Casson, age 18 months (son of Anne Casson): Burned on rubber safety surfacing mats at Catbird Playground in Carl Schurz Park in Manhattan on 5/27/2007. Treated at Cornell Medical Center, where he spent four days in the burn unit. City was served a Notice of Claim on 8/18/07. Under negotiations with the city.

In a response to the group's claim, Parks Commissioner Adrian Benepe says parents should use "common sense" and that most New Yorkers do have that common sense and do not run around playgrounds without shoes or sneakers. He says signs at the park are clear ttelling people to keep your shoes on.

Press Release by NYC Park Advocates


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