Expert opinions on safety surfacing

for safe playground surfaces

Expert opinions for safety surfacing on playgrounds

Expert opinions are important documents in which an expert assesses a given state of affairs or condition on the basis of their expertise. An expert opinion may be grounded in legal and normative regulations, scientific findings, or, more commonly, a contract that stipulates the provision of an expert opinion. Expert opinions can be relied on at various levels, provided that the expertise of the expert is guaranteed. This is especially true in legal contexts, where such opinions are of particular importance. There are various types of expert opinions, which differ mainly in terms of who has commissioned them. Some types are described in more detail below. ISP GmbH – Institut für Sportstättenprüfung offers professional preparation of expert opinions on the safety surfacing on your playground.

Insurance report

Depending on the severity of the case, insurance companies will issue insurance reports in the event of an insured event, with the purpose of determining the amount and cause of damage. This can be used to ascertain whether other parties may have committed a criminal offence. For instance, a child may have sustained a serious injury on a playground, resulting in consequences for which the insurance company of its parents or the playground´s operator would have to cover the costs. An expert opinion can provide information as to whether the injury was purely accidental or whether the condition of the safety surfacing was a contributing factor to the injury. If damage can be identified that is avoidable and for which the operator is responsible, it is possible that the operator may be held liable. In such cases, however, the consideration of additional expert opinions may be necessary.

Party opinion

As the name suggests, this expert opinion is commissioned by a party involved in legal proceedings. In most cases, one or more of the parties involved in the proceedings submit an expert opinion that they have commissioned themselves. This is referred to as a 'party opinion'. It is often also referred to as a 'private expert opinion', but since local authorities, associations or companies can also commission such expert opinions, the term 'party opinion' is more appropriate. If, for instance, in the previous example of an injury sustained on a playground, the injured person suffers private disadvantages, such as the cancellation of a holiday trip or the need to procure expensive medical equipment, the operator may be held liable and the injured person may be able to pursue their own legal claims with the help of a party opinion or private expert opinion.

Court opinion

In an ongoing trial, the court or the public prosecutor's office may itself commission an expert opinion. The respective expert then assumes the role of expert witness. There are no legal requirements as to how such an expert opinion should be structured. In essence, it serves to preserve evidence. When preparing a court opinion, it is essential to ensure that it is formulated in a comprehensible and easily understandable manner. It should be easy for third parties to understand what it is about, even without having any knowledge of the subject matter.

Decisive expert opinion

Different experts may give very different or even contradictory assessments of the same state of affairs. Or it may be that the expertise of an expert is being questioned. Both cases present significant impediments to the process of resolving an issue or to court proceedings. A decisive expert opinion can be the solution to this problem, meaning that an independent expert, whose experience and expertise make him the pre-eminent expert, will prepare a further expert opinion. This may confirm an existing expert opinion or reach a completely different conclusion. A decisive expert opinion is commissioned when other expert opinions are already available, typically for highly complex issues.

Arbitration opinion

If several parties enter into an agreement, they can agree that, in the event of a dispute, an arbitration opinion shall be obtained if they have differing opinions. The arbitrator does not represent a particular party, but rather acts in the best interests of all parties involved. Such a solution is frequently incorporated within building contracts. The expert opinion that is subsequently drawn up is binding for all parties involved. In this way, a legal dispute can be avoided in advance.

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Expert opinions can help you to resolve specific issues on the basis of expert knowledge. ISP GmbH - Institut für Sportstättenprüfung is able to provide such expert opinions on a range of matters relating to safety surfacing on playgrounds, for example as party opinions.

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We will be happy to advise you on the procedure and background to testing safety surfacing.

Safety surfacing

HIC-Measurements Characteristics
DIN EN 1177 Minimum installation thickness
ASTM F 1292 Technical properties
Protective function