No Win, No FeePlaygrounds up and down the country are a great place for children to play with their friends, enjoy the outdoors and burn off some energy! As well as being fun places, playgrounds should be designed and maintained in a way that keeps all users as safe as possible. In fact, they have a legal duty of care to do so. As a result, if you or your child is injured in a playground accident because of damaged equipment, missing safety equipment or a lack of maintenance, you may be entitled to compensation.
In this article about claiming compensation for being injured in a playground accident, we’ll explain when you could claim and how the claims process works.
Our claims advisors and personal injury solicitors can help if you need advice on your options. During an initial consultation, a specialist advisor will listen to what’s happened and advise you on your chances of being compensated for a playground accident. If your claim appears strong enough, we could refer you to one of our personal injury lawyers. If you agree to them representing you, they’ll work on a No Win, No Fee basis.
Would you like to talk with a specialist about starting a claim? If so, please call us on 0800 652 1345. Alternatively, please continue reading if you’d like more information about when you could be compensated following a playground accident.
Am I Entitled to Compensation for an Accident in a Playground?
Local authorities, schools and other entities that operate parks and playgrounds have a duty of care to try and ensure that visitors are as safe as possible from injury. To try and achieve this, they need to follow safety protocols and procedures to eliminate as many dangers as possible. As such, before a personal injury lawyer offers to represent you in a playground accident claim, they’ll want to confirm that:
- The defendant breached their duty of care because they were negligent; and
- An accident in a public playground occurred as a result of that negligence; and
- You or your child (the claimant) were injured in that accident.
Once your solicitor has established that you or your child was owed a duty of care, they’ll then look at any proof you can supply to show what caused the accident and the injuries that resulted from it. We’ll explain what proof you could use a bit later on.
Common Examples of Playground Accident Claims
So, let’s now look at what types of negligence could entitle you to compensation for a playground accident. Common examples include::
- Unsafe playground design: If the layout or design of the playground fails to meet required safety standards, resulting in accidents.
- Lack of safety measures: Inadequate safety features, such as soft ground surfaces had not been installed alongside playground equipment (or it was missing).
- Damaged play equipment: Broken or faulty equipment, such as swings, slides, or climbing frames, can cause avoidable accidents.
- Poorly maintained surroundings: Hazards such as damaged gates, fences, or benches can lead to trips, falls, or cuts.
- Failure to conduct safety inspections: Negligence in carrying out regular checks to identify and address hazards in the playground.
- Incorrect installation of equipment: Playground equipment that has been improperly assembled or installed.
- Aged or worn-out equipment: Old equipment that hasn’t been repaired or replaced can pose safety risks to users.
- Failure to restrict access to unsafe areas: Equipment or parts of the playground with known defects not being cordoned off or clearly marked as unsafe.
Depending on who is responsible for maintaining the playground, claims could be made against councils or local authorities, schools, academies, or even private developers who have yet to hand over control to the local authority.
If you or your child has been injured due to negligence in a playground, contact us today to see if you could be entitled to compensation.
What Types of Playground Injuries Can I Claim For?
Any type of injury sustained in a playground can be upsetting and cause problems for you or your child for weeks, months or even years to come. There are certainly too many potential injuries to list here but some of the most common that might lead to compensation include:
- Cuts, bruises and soft tissue injuries.
- Strains or sprains.
- Ligament or tendon damage.
- Head and brain injuries.
Again, it doesn’t matter what type of injury has been sustained, if it was caused by the defendant’s negligence, we could help you to claim compensation. If you’d like us to review your playground accident claim for free, please call our team today.
What Evidence Do I Need for a Playground Accident Claim?
Whether you claim for an accident in a school playground or if you claim against the local authority, your case is likely to be passed to the organisation’s insurance company. Almost certainly they will only pay compensation if it’s clear that their client was negligent in some way and caused the accident you’re claiming for.
You could supply many different forms of proof to help with this process including:
- Photographic proof: If the accident was caused by some form of defect it’s a good idea to take pictures of it before it’s repaired.
- Accident reports: You should always report the accident to the council/school/business as soon as possible. This means the incident will be logged and your copy of the report could be used to prove the date, time and location of the playground accident.
- Medical notes: If you or your child was treated at a GP surgery, minor injuries unit or hospital, you could contact them later on to request a copy of your medical records. Notes and x-rays from your appointment could help to show the extent of your injuries.
- Witness information: If anyone else was present when the accident happened, ask them for their contact details. To help establish how the accident occurred, your solicitor might ask any witnesses for a statement at a later date.
- Video evidence: If the playground was covered by CCTV, it’s a good idea to ask for a copy of the footage. Data protection laws allow this but you should act quickly as recordings aren’t usually retained for too long.
We also suggest that you keep a note of how you’ve been affected by your injuries. For instance, it might help if you diarise when you couldn’t work, any social or family events you missed or any costs you’ve incurred.
One of our advisors will review what proof you already have in an initial consultation about your playground accident claim so please call 0800 652 1345 to see if you have enough to proceed to a claim.
What Is the Time Limit to Make a Playground Accident Claim?
If you or your child has been injured in a playground accident, the time limit to make a claim will depend on who the claim is for:
- For adults: You’ll typically have 3 years from the date of the accident to start a claim.
- For children: The usual 3-year limitation period does not apply immediately. Instead, a parent, guardian, or another responsible adult can lodge a claim on the child’s behalf at any time before their 18th birthday. If no claim is made during this time, the child will have 3 years from their 18th birthday to file their own claim.
Our advice would be to begin the claims process as soon as possible. By doing so, the claims process would typically end sooner and mean compensation would be awarded earlier. An early start would also make it much easier for your solicitor to collect evidence and arrange for medical reports to be prepared.
How Much Compensation for a Playground Accident Can I Claim?
The process of preparing your compensation claim can be quite time-consuming. To start with, your solicitor will use the Judicial College Guidelines to place a value on your injury (general damages). Then you’ll need to work out if you’ve incurred any costs because of your injuries (special damages).
It’s important to consider how you’ve already been affected and what the long-term impact of your injuries might be. This is especially true for children’s playground accident claims where the victim has been left with a disability.
While every claim is unique, yours could be compensated for:
- How much pain and suffering your injuries and treatment have caused.
- Any loss of amenity (explained here). For instance, a child who broke their foot could claim if their injuries prevented them from playing football with their friends as they usually would.
- Care costs for a professional carer or the time a parent needed to care for their child.
- The cost of making changes to your home to help deal with disabilities caused by your injuries.
- Travel expenses.
- Rehabilitation costs (physiotherapy for instance) and medical expenses (including private medical care).
If you decide to work with one of our solicitors, they’ll review your suffering in full detail to try and ensure you don’t miss out on any of the compensation you might be eligible for. Please get in touch if you’d like more information on how we could help you to claim.
Can I Claim for Loss of Earnings Due to a Playground Accident?
If you are injured in a playground and can’t work as a result, any earnings you’ve lost could be considered as part of your claim. Crucially, you might be entitled to claim for any lost bonuses, commission or overtime as well.
You could also claim for lost earnings if your child was injured in a playground accident and you’ve had to take time off work to care for them. Evidence such as pay slips, bank statements and other financial documents could all help to prove your losses.
Will I Need a Solicitor to Claim Playground Accident Compensation?
We believe that the training and experience of a personal injury solicitor can improve your chances of being compensated for a playground accident. However, there’s no doubt most people wouldn’t hire a solicitor if they had to pay for their work upfront. That’s why our team provide a No Win, No Fee service for all accepted claims.
If your claim is taken on, and you decide to continue, you and your solicitor will sign a Conditional Fee Agreement (CFA). This will formalise the fact that your solicitor will work on your case without being paid in advance.
It will also show you the percentage of your compensation your solicitor will deduct as a success fee if your case is won. The success fee is used to pay for your solicitor’s work and cover their expenses. Legally, it can be no higher than 25% of any settlement amount you’re paid when using a CFA.
Would you like to check if you could claim for a playground accident on a No Win, No Fee basis? If so, please call to find out more.
Playground Accident Claims Frequently Asked Questions
How Do I Claim on Behalf of My Child?
To claim compensation for a child injured in a playground, you’ll need to act as their litigation friend. This process allows you to manage the claim on their behalf, ensuring their best interests are represented throughout the process. As a litigation friend, you’ll:
- Communicate with solicitors and handle all aspects of the playground accident claim.
- Make decisions on the child’s behalf.
- Work to secure the best possible outcome for their injury claim.
If the claim is successful, any compensation awarded will usually be held in a court account until your child turns 18. However, if funds are needed earlier for medical treatment or other essential support, you can request access by applying to the court and explaining how the money will benefit your child.
How Long Will a Claim Typically Take?
The duration of a playground accident claim depends on factors such as the severity of the injury, the complexity of the case, and whether liability is disputed. Straightforward claims, where the defendant admits fault quickly, may be resolved in a few months. However, claims involving a serious injury or contested liability can take a year or more to settle.
Start a Playground Accident Compensation Claim Today
We hope that our article has helped and you now know whether you’d like to take action or not. For free legal advice and a review of your chances, please call our advisors now on 0800 652 1345.
If your claim is accepted, one of our solicitors will do all they can to try and secure the highest amount of compensation for you or your child.
Should you have any further questions about playground accident claims, please connect to live chat to discuss them with us, or request your free consultation here.
