&quot;What could the owner have done to ensure that this did not happen? For all we know he tried the swing himself the day before and it was fine. At least at the time of making the advert it was still fine and short of &#x27;destructive testing&#x27; to figure out how much load it supports there is no way to know what it will handle except for trying to see if it supports your weight.&quot;<p>This falls into the area of &quot;jury argument&quot; ;-)<p>However, i will point out &quot;if you can&#x27;t figure out whether it&#x27;s safe, you generally have a duty to remove it or warn people it&#x27;s possibly not safe&quot;.<p>(Whether i <i>like</i> the law or thing it just generates tons of warning labels, that is the law).