A day out at the playground should be a chance for your child to have fun and meet other children. You expect a degree of rough and tumble at a playground, but a serious accident can change everything in a moment and leave lasting consequences for those involved. If your child was injured at a public or privately run play area because of someone else’s negligence, this guide will help you understand playground accident claims.
Below is all the information needed to seek compensation in child accident claims. We start by defining a claim like this and looking at how accidents can happen when the legal duty of care toward safety is not met. Children cannot start personal injury claims independently, so we detail how a parent or other suitable adult can do it for them. We also discuss the types of useful evidence to support a playground accident claim.
We explain the compensation calculation process and look at how damages could be awarded if the claim filed on a child’s behalf succeeds. To conclude, we explore the ways in which one of our No Win No Fee solicitors could handle all aspects of the claim alongside you, removing the complexity and stress and allowing you the time and space to help your child recover.
To chat over your child’s playground accident now, you can talk to our advisors by:
- Ringing us on 0800 073 8801
- Why not see if you can start a claim online?
- Or ask the chat window a question.
Jump To A Section Of Our Guide
- What Are Playground Accident Claims?
- How Can Playground Accidents Happen?
- How Do I Claim For My Child’s Injuries?
- What Evidence Can Help In Playground Accident Claims?
- How Much Playground Accident Compensation Could My Child Receive?
- How Would My Child Receive Their Playground Accident Compensation?
- Claim For Your Child’s Injuries On A No Win No Fee Basis
- Learn More About Claiming Personal Injury Compensation
What Are Playground Accident Claims?
Legislation called the Occupiers’ Liability Act 1957 requires any party in control of an area open to the public (called ‘occupiers’) to implement reasonable measures that protect the safety of the public. Steps such as regular inspections of their premises and prompt attention to essential repairs are two ways to meet this duty of care.
You could qualify to make playground accident claims on behalf of your child for their injuries if you meet the required criteria:
- Firstly, your child was owed a duty of care by the occupier of the playground.
- A breach of duty of care occurred.
- Your child suffered harm as a direct result of this.
We’ll look at some specific ways in which a breach of duty of care could cause playground accidents next. If you have any questions or queries so far, please connect with advisors on the free call number above.
How Can Playground Accidents Happen?
There are numerous ways that a public playground accident could happen if the essential duty of care is not applied. Some examples:
- The playground equipment, fittings and facilities are left in a state of disrepair or fail to meet standards. A rusty swing breaks while a child is using it and they suffer spinal injury.
- A child falls from a slide or a broken trampoline and lands on a degraded tarmac, suffering concussion, cuts and bruises.
- An unmaintained roundabout breaks and traps the arm of a small child, causing a shoulder injury and soft tissue damage.
- Fences around the playground were damaged and the child suffered a dog bite attack when an animal entered the area.
Obviously, given the nature of a playground, accidents can happen despite the best efforts to prevent them. Not every accident is automatically the fault of the occupier. So, if you’re unsure as to how eligible your children’s playground accident claim is, speak to our advisors first.
How Do I Claim For My Child’s Injuries?
As stated in our introduction, children and minors under the age of 18 cannot start playground accident claims themselves. However, a playground accident compensation claim can be launched on their behalf if the courts allocate a litigation friend. This role is typically carried out by a parent or person with the child’s best interests. A litigation friend will perform all the essential actions required throughout the claims process.
Alternatively, the Limitation Act 1980 states that once a minor turns 18, they have three years to start an independent action themselves.
What Evidence Can Help In Playground Accident Claims?
Personal injury claims rely on solid evidence that proves a breach in the relevant duty of care caused the harm. So with this in mind, it’s important to assemble as much proof as possible that supports your child’s case. The following could be useful for playground accident claims:
- Photos of the faulty playground equipment that caused the injuries.
- The contact details of anyone else who saw the accident. If you appoint a solicitor they might be able to secure statements from these people to help your claim.
- Duplicates of medical notes that detail the injuries and treatments your child needed.
- Photos of the injuries.
- Copies of any CCTV footage covering the play area.
Something to bear in mind while collecting evidence is that a solicitor could help. Part of the key services our solicitors offer is helping to collect supporting evidence so why not see if they could assist you with your playground accident claim?
How Much Playground Accident Compensation Could My Child Receive?
If a personal injury compensation claim is a success, the amount awarded can be made up of two categories or ‘heads of loss’ called general and special damages. General damages apply a value to your child’s physical suffering and psychological injury, (such as post-traumatic stress disorder) as well as any long-term disablement or permanent loss of amenity.
Those responsible for calculating general damages might look at the available medical evidence as well as publications that help guide the process such as the Judicial College Guidelines (JCG). There is an excerpt below from the JCG which shows the guideline award amounts for injuries your child might suffer after a playground accident.
All playground accident claims differ from each other so these are purely guidelines. (The first entry does not come from the JCG):
Compensation Guidelines
| Nature of Injury | Severity | Award Guidelines | Definition |
|---|---|---|---|
| Various severe injuries and Special Damage payments | Severe | Up to £1 million plus. | Awards here reflect severe, multiple injury and special damages awarded for care costs, medical bills and adaptations to home. |
| Head/Brain | (a) Very Severe | £344,150 up to £493,000 | Limited or no ability to react to environment and a profound level of permanent disability needing constant care. |
| Neck | (a) Severe (ii) | £80,240 up to £159,770 | Serious fractures and cervical disc spine damage causing permanent nerve and/or mobility issues. |
| Chest | (b) Permanent | £80,240 up to £122,850 | Cases of permanent traumatic injury to the chest that impairs function and reduces life expectancy. |
| Severe Leg | Serious (iii) | £47,840 up to £66,920 | Joint, ligament damage and fractures that need prolonged treatment, cause instability and almost certainly prompt arthritis in later life. |
| Ankle | (b) Severe | £38,210 up to £61,090 | The sort of injuries that require a prolonged period in plaster and/or with the insertion of surgical pins. |
| Wrist | (b) Permanent | £29,900 up to £47,810 | Injuries that cause a significant level of permanent disability but a degree of useful movement still remains. |
| Hand | (f) Severe Finger Fracture | Up to £44,840 | Instances where the fingers are fractured in a way that might lead to partial amputations. |
| Knee | (b) Moderate (i) | £18,110 up to £31,960 | Dislocations and torn cartilage that prompt weakness, wasting and instability. |
| Shoulder | (b) Serious | £15,580 up to £23,430 | Dislocations and neve damage that weaken grip, create aching and cause sensory problems. |
Can I Claim For Care Costs Caused By My Child’s Injury?
Special damages are the head of loss that focuses on financial harm caused by the injuries. This could include any care costs incurred as a result of your child’s injury. A claim for the monetary harm caused to you and your child needs to be supported with documented proof, such as:
- Proof of your earnings loss because of time needed off work to care for your child.
- Out-of-pocket medical expenses.
- Proof of travel costs to essential medical appointments.
- Invoices showing the cost of adaptations to your home or vehicle to deal with a disability.
- Bills and receipts for anyone who provided domestic care.
You may have other qualifying amounts that you can prove. For a precise idea of what your child’s playground accident claim might be worth, speak to our advisory team on the number above.
How Would My Child Receive Their Playground Accident Compensation?
When compensation is awarded to a minor after a personal injury, the funds are usually kept in a Court Funds Office account until they turn 18. Any funds needed for care and recovery must be applied for through the courts. The parents or any appointed trustees will ensure that the amounts requested from the compensation are appropriate and commensurate with the best interests of the child concerned.
Claim For Your Child’s Injuries On A No Win No Fee Basis
You could benefit from the support of a skilled personal injury solicitor at this time. Our expert solicitors have decades of expertise handling claims like this and will strive to get the maximum compensation for your playground accident claim. In addition to helping compile evidence, they can approach witnesses for statements and deal with the detailed Pre-Action Protocols that need to be followed as part of the claims process.
Our solicitors offer their excellent services in a way that also helps you avoid more expenses. For example, by offering a type of No Win No Fee contract called a Conditional Fee Agreement (CFA) you:
- Won’t need to pay upfront solicitor’s fees for work to begin on your claim.
- Will not be required to pay any solicitor’s fees as the claim moves forward.
- Will have nothing to pay for completed services if the playground accident claim isn’t successful.
- In addition to this, only a small and legally restricted percentage needs to be made from the compensation awarded if the claim succeeds. This minimal success fee ensures the claimant your child benefits the most.
Finding out if you qualify to claim for your child’s injuries is easy. Get the help you need for playground accident claims by:
- Ringing us on 0800 073 8801 to see how much compensation your child could be owed.
- See if you can start a claim online.
- Or ask the chat window a question about starting a playground injury claim.
Learn More About Claiming Personal Injury Compensation
As well as this guide, the following articles from our website offer further free help and information:
- This guide provides information on how personal injury solicitors would help claims after children’s accidents on a school trip.
- Here you can read advice on fatal injury claims.
- Also, find out more about personal injury claims on day trips here.
External Resources:
- The Royal Society for the Prevention of Accidents (RoSPA) provides useful information about playground accidents.
- Advice from the NHS on when to call 999.
- Here is safety advice for play areas from a local authority.
In conclusion, thank you for reading our guide on playground accident claims. For any further information or guidance, please connect with the advisory team using the options above.
