Hold spins on bouldering wall climber breaks both legs

My town has an 11ft tall outdoor bouldering wall located in a park. A few weeks ago a young girl was climbing and a hold spun causing her to fall. Unfortunately she ended up breaking both legs as a result of the fall. The landing area is made up of 12 inch deep rubber mulch. What are the thoughts on liability for such a structure? The town has it covered under their insurance and it meets the height and safety surface requirements for playground equipment. The hold that spun was not a large hold and did not have a set screw option. Is this just part of the inherent risk in climbing or is there more that should be done?

Inherent risk, but a countersink bit could be used to slap a set screw in if the back material would take a screw.

In Michigan, if this were a governmental entity that owned it, it would be barred by governmental immunity. For a claim against a governmental employee, in Michigan, you would need to show gross negligence. Doctrines like inhernent risk, assumption of risk, etc, would not be a complete bar in Michigan. It would be part of “comparative fault” rubric. An argument could certainly be made, especially exposed to elements, that holds would foreseeably spin and would need set screws. Chances are the hospital/insurance will try and pursue a subrogation claim. 

Idk enough to answer your question, but I can tell you those rubber chips are awful to fall on. In my experience they hardly cushion your landing at all, I remember as a teen jumping off playground equipment expecting those rubber chips to have a soft landing, and instead feeling a sharp sting in my feet, ankles, and knees. 

we used to have hard packed dirt under our playground equipment. sometimes kids got hurt. Holds spinning is a known thing and someone should come up with a better system.