Can I Make A Playground Injury Compensation Claim?
According to the Royal Society for the Prevention of Accidents (RoSPA), approximately 40,000 children are taken to hospital each year due to playground accidents in the UK. If you or your child has been injured in a playground accident due to someone else’s negligence, it is possible that you will be able to make a compensation claim. Playground accidents can happen due to various reasons, such as faulty equipment, unsafe design, inadequate supervision, or dangerous surfaces. These accidents can result in a range of injuries, from minor bruises to severe head trauma or broken bones.
Eligibility For Making A Playground Accident Claim
To meet the criteria to make a playground accident claim, you must prove that the accident was caused by someone else’s negligence and that you or your child suffered an injury as a result. In these types of cases, the negligent party could be a local council, a school, or private property owner responsible for maintaining the playground such as a leisure venue.
Common Causes Of Playground Accidents That Can Lead To A Claim
Several common causes of playground accidents can lead to a compensation claim, including:
Faulty Or Poorly Maintained Equipment
Faulty or poorly maintained playground equipment, such as broken swings, loose bolts and screws, or splintered wood, can cause serious accidents. Organisations responsible for maintaining the equipment have a legal obligation to ensure that their equipment and park area is well maintained and safe for use. When a local council or other park or play area owner fails to maintain a safe and well repaired play area or playground, they will have questions to answer around negligence and this may result in them facing liability for any resulting injuries.
Unsafe Playground Design Or Layout
Poor playground design or layout can also contribute to accidents. Insufficient space between equipment, hard surfaces underneath play structures, or lack of age-appropriate areas can all increase the risk of injury. Playgrounds should be designed following safety standards and guidelines to minimise the risk of accidents, with clear signage and information provided to help to minimise the risk of injury.
Inadequate Supervision
Adequate supervision is crucial in preventing playground accidents in supervised and paid for play area visits. Parents, caregivers, and staff have a responsibility to supervise children and intervene when necessary. Lack of proper supervision from staff members in paid for playground areas can lead to a compensation claim if an accident occurs that may otherwise have been avoided, if the correct supervision and management of the area had been provided.
Dangerous Playground Surfaces
Dangerous playground surfaces, such as concrete or asphalt, can cause serious injuries if a child falls. Safety standards recommend using safer alternatives, such as rubber mulch or safety tiles, to reduce the risk of injury.
Types Of Injuries Sustained In Playground Accidents
Playground accidents can result in a wide range of injuries, from minor to severe, including:
Fractures And Broken Bones
Fractures and broken bones are common injuries in playground accidents, often caused by falls from height or collisions with equipment. Different types of fractures can occur, and children are particularly susceptible to growth plate injuries.
Head And Brain Injuries
Head and brain injuries, such as concussions, skull fractures, or traumatic brain injuries, can have long-lasting consequences for children. These injuries can occur due to falls from height or being struck by play equipment, with such injuries having the potential to cause a long-term impact on a child’s well-being and development.
Cuts, Lacerations, and Abrasions
Cuts, lacerations, and abrasions can occur when a child comes into contact with sharp edges or rough surfaces on playground equipment. These injuries may require stitches and can lead to scarring or infection if not properly treated.
Amputations And Crush Injuries
In severe playground accidents, amputations and crush injuries can occur if a child gets caught in equipment or is run over by a heavy object. These injuries have an obvious life-altering consequences and will require extensive rehabilitation for the injured child.
Proving Negligence In A Playground Accident Claim
To succeed in a playground accident claim, you must prove that the responsible party was negligent. This involves demonstrating that they breached their duty of care and that this breach caused the accident and resulting injuries. Evidence such as photographs of disrepaired, broken or damaged playground equipment, copies of accident reports, supporting witness statements, and expert opinions can be used to support your claim.
Claiming On Behalf Of An Injured Child
When claiming compensation on behalf of an injured child, a litigation friend, a parent or legal guardian, must act on behalf of the injured child and in the child’s best interest. If the claim is successful, any settlement awarded may need to be approved by the courts to ensure it is fair and protects the child’s future needs.
Time Limits For Making A Playground Injury Claim
In most cases, there is a three-year time limit for making a playground injury compensation claim, starting from the date of the accident or the date of knowledge of the injury. However, there are some exceptions:
- For children, the three-year limit does not start until their 18th birthday.
- For claimants with diminished mental capacity, the time limit may be extended.
It’s essential to act quickly to ensure that your claim is made within the relevant time limit, as failing to do so could result in your claim being time-barred which will prevent you from being able to make a claim.
What Should I Do If My Child Has Been Injured In A Playground Accident?
If your child has been injured in a playground accident, take swift action to protect their health and legal rights. By following these steps, you can ensure that your child receives the necessary medical attention and that you have the evidence needed to support a potential compensation claim.
Seeking Medical Attention And Documenting The Injuries
Clearly, seeking medical attention is the first priority if a child is injured in a playground accident. Even if the injuries appear minor, it is sensible to seek medical advice as some injuries, such as concussions or internal bleeding, may not be immediately apparent. Prompt medical care not only ensures your child’s well-being but also provides a record of their injuries, which could provide crucial supporting evidence for a compensation claim.
Be sure to follow all medical advice and attend any follow-up appointments. Keep a record of all medical visits, treatments, and expenses related to the accident.
It’s also important to document your child’s injuries thoroughly. Take clear, well-lit photographs of any visible injuries, such as bruises, cuts, or swelling. Keep a diary of your child’s symptoms and how the injury has affected their daily life.
Reporting The Accident To The Relevant Authorities
After seeking medical attention, report the accident to the relevant authorities. This could be:
- The school or nursery if the accident occurred on their premises
- The local council if the accident occurred in a public playground
- The property owner if the accident occurred on private property
When reporting the accident, include as much detail as possible, such as:
- The date, time, and location of the accident
- A description of how the accident occurred
- Details of any faulty equipment or dangerous conditions that contributed to the accident
- The names and contact details of any witnesses
Ask for a copy of the accident report for your records. According to RoSPA, only around 40% of playground accidents are reported to the authorities. Failing to report an accident and injuries can make it more difficult to succeed with a compensation claim.
Gathering Evidence To Support Your Claim
To give your playground accident compensation claim the best chance of success, it will help if you gather as much evidence as possible. This may include:
Photographing The Scene And Injuries
Take photographs of the accident scene, including any faulty equipment, dangerous surfaces, sharp edges or inadequate safety measures. Photograph your child’s injuries, ensuring that the images are clear and well-lit. These photographs can provide valuable visual evidence to support your claim.
Obtaining Witness Statements
If anyone witnessed the accident, ask them if they are willing to be a witness. If so, obtain their contact details and a solicitor can later ask them to provide a written statement in support of your claim. This should include their name and contact details, as well as a detailed description of what they saw. Witness statements can corroborate your account of the accident and provide valuable third-party evidence.
Keeping A Record Of Medical Treatment And Expenses
Keep a detailed record of all medical treatment related to the accident, including:
- GP visits and hospital admissions
- Medication and prescription costs
- Travel expenses to and from medical appointments
- Specialist treatments, such as physiotherapy or counselling
Keep all receipts, invoices, and medical reports that you pay for. These documents will help quantify the financial impact of the accident and ensure that you are fully compensated for your losses.
Work With A Solicitor Specialising In Playground Injury Claims
To ensure the best possible outcome for your playground injury compensation claim, you should instruct a solicitor who specialises in personal injury compensation, with a knowledge of claims within this specific area of personal injury law. Our team and specialist solicitors know your rights and have the knowledge and experience needed to build a strong case on your behalf.
The benefits of working with our specialist solicitors include:
- In-depth knowledge of the relevant laws and regulations
- Experience in negotiating with insurers and defendants
- Access to expert witnesses, such as safety inspectors or medical professionals
- A proven track record of success in similar cases
All of our solicitors offer a free initial consultation and work on a No Win No Fee basis. This means that you won’t have to pay any upfront costs, and no fees whatsoever if your claim fails. On a No Win No Fee basis, your solicitor will only be paid if your claim is successful.
By taking these steps after a playground accident, you can protect your child’s health and legal rights, and ensure that they have the very best representation, every chance of succeeding in their claim and receiving the compensation they deserve.
What Can I Expect When Making A Playground Injury Compensation Claim?
Knowing where to start and how to make a playground injury compensation claim might seem complicated, but understanding the process and what to expect if you make a claim will help to alleviate some of the stress and uncertainty.
The Claims Process And Timeline
The playground injury compensation claims process typically involves the following steps:
- Initial consultation: You’ll speak with us and our solicitors to discuss your case and determine if you have a valid claim.
- Investigation: Our team and solicitor will gather evidence to support your claim, such as medical records, photographs, witness statements, and accident reports.
- Negotiation: Your solicitor will negotiate with the defendant’s insurers to try to reach a settlement.
- Court proceedings: If a settlement cannot be reached, your case may proceed to court.
The timeline of a playground injury claim can vary depending on the complexity of the case and whether it goes to court. On average, claims settled out of court can take between 6 to 12 months, while those that go to court can take 12 to 18 months or longer.
Calculating The Amount Of Compensation You May Be Entitled To
The amount of compensation you may be entitled to will depend on various factors, including the severity of the injury, the impact on the claimant’s life, and any financial losses incurred. Compensation is typically divided into two categories: general damages and special damages.
General Damages For Pain, Suffering, And Loss Of Amenity
General damages are awarded for the pain, suffering, and loss of amenity experienced by the claimant as a result of the playground accident. Factors considered when assessing general damages include:
- The severity and duration of the injury
- The impact on the claimant’s quality of life
- Any psychological effects
For example, in a case where a child suffered a severe fracture requiring surgery and ongoing rehabilitation, the court awarded £25,000 in general damages.
Special Damages For Financial Losses And Expenses
Special damages are awarded for the financial losses and expenses incurred by the claimant as a result of the playground accident. These may include:
- Medical bills and treatment costs
- Lost wages or future earnings – which may relate to the parent or guardian having to care for the injured child
- Travel expenses related to medical appointments
- Costs of care and assistance
It’s helpful to keep detailed records of expenses and receipts for costs if you can in order that a solicitor can use the information to support the element of the claim settlement relating to special damages.
No Win No Fee Agreements For Playground Accident Claims
Direct2Compensation’s solicitors offer No Win No Fee agreements for playground accident claims, which can help alleviate the financial burden of making a claim. Under a No Win No Fee agreement:
- You will not have to pay any upfront legal fees.
- If your claim is successful, your solicitor will take a percentage of the compensation awarded (typically 25%).
- If your claim is unsuccessful, you will not have to pay your solicitor’s fees.
Let Us Help You Secure The Best Possible Outcome
Working with a Direct2Compensation solicitor who specialises in playground accident claims can significantly improve your chances of securing the best possible outcome. They will:
- Provide expert advice on the strength of your claim and the compensation you may be entitled to
- Gather and present evidence to support your claim, such as medical reports and witness statements
- Negotiate with the defendant’s insurers to secure a fair settlement
- Represent your interests in court, if necessary
If your child has suffered an injury at a playground, it’s essential that you seek professional advice. Our fantastic team specialises in helping you to pursue claims for compensation. We understand the physical, emotional, and financial toll that being injured in a non-fault accident can take. We’re here to answer any questions and support you every step of the way throughout your claim.
By choosing Direct2Compensation, you’ll benefit from:
- A no obligation consultation where you can discuss your case and understand your legal options.
- Expert guidance through the claims process, ensuring necessary evidence is obtained and that a strong case is made for you.
- A no win no fee agreement that you can understand. We’ll ensure you don’t face any financial risk when pursuing your claim.
- Compassionate and personalised support tailored to your unique circumstances.
Contact us today to get the help you need. You can start your claim online or , and one of our expert team will be in touch. Alternatively, call us on 01225 430285. We’ll only need a few minutes of your time to let you know if you can make a claim.
Frequently Asked Questions
If you’re claiming on behalf of a child, you have until their 18th birthday to make a claim. Once they turn 18, they have three years to claim for themselves.
Yes, you may still be able to claim compensation even if your child was partially at fault. However, the amount of compensation awarded may be reduced to reflect their level of responsibility.
No, making a claim should not affect your child’s education or future prospects. The claims process is confidential, and settlements are typically paid by insurance companies, not the school or council directly.
The amount of compensation awarded will depend on the severity of the injury and its impact on your child’s life. Your solicitor will provide an estimate based on similar cases and judicial guidelines.
Yes, you can still make a claim if the accident occurred on private property, such as a friend’s garden or a privately-owned play area. The property owner has a duty of care to ensure the safety of visitors.
