There are many questions to be answered in a situation such as whether or not to mandate safety equipment. Flip it around: are we more or less likely to get sued (regardless of case law) if we know there are safety devices available and do not require them? That seems like a much higher level or negligence to me.
In Ohio, the likelihood of a possible lawsuit appears to be slim, regardless of who it might be aimed at. "Whether the activity is organized, unorganized, supervised or unsupervised is immaterial to the standard of liability." (Marchetti v. Kalish (1990) 53 Ohio St. 3d 95.) In other words, there is no claim for negligent supervision.
I'm sure other states have their own laws that apply, and might change the equation.
My opinion: Using the potential cost of a possible lawsuit to avoid keeping the girls safer is cowardice, plain and simple.
In Ohio, the likelihood of a possible lawsuit appears to be slim, regardless of who it might be aimed at. "Whether the activity is organized, unorganized, supervised or unsupervised is immaterial to the standard of liability." (Marchetti v. Kalish (1990) 53 Ohio St. 3d 95.) In other words, there is no claim for negligent supervision.
I'm sure other states have their own laws that apply, and might change the equation.
My opinion: Using the potential cost of a possible lawsuit to avoid keeping the girls safer is cowardice, plain and simple.