Claim compensation for playground accidents

If you or your child have been injured in a playground accident, contact us to find out if you can make a no win no fee playground accident claim.

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playground accident claims

Playground Accident Claims

Children love playgrounds, which are meant to be safe areas where they can have fun, explore and interact with other kids. However, playground accidents are not uncommon, and the consequences can be life-changing when they occur.

Slips, trips, and falls, a lack of safety measures, broken equipment, and faulty designs are common causes of such accidents. Common playground injuries include cuts, broken bones, head injuries and dislocations.

If your child has been hurt in a playground accident, it is important to understand your legal rights and the possibility of bringing a claim against the liable party. Based on the circumstances, this could be the local council, a school, a business or another owner or occupier of the playground premises.

To find out more about making a playground accident claim, call 0800 470 0474 today or use our online claim form to request a call back. You will receive a free consultation with a legal adviser who will answer all your questions, with no obligation to proceed.

Find out if you can claim

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    By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.

    Duty of care of private and public playground owners towards users

    Playground owners and occupiers have a legal duty to abide by various legislation to ensure that they provide a safe space for children to play in. The main piece of legislation that applies to playgrounds is the Occupiers Liability Act 1957, which states that the owner or administrator must keep all users and visitors safe on the premises by taking the following measures:

    • Conduct regular inspections to identify and fix hazards, such as broken play equipment or unsafe surfaces;
    • Promptly respond to any reports of unsafe grounds or faulty equipment;
    • Provide clear warnings of any known hazards, such as broken equipment that could not be immediately repaired;
    • If the playground is in a school, nursery or daycare centre, ensure adequate supervision to prevent accidents;
    • Make sure that all equipment is installed correctly and is adequately maintained;
    • Ensure that the play area apparatus is suitable for the age group that it is intended for;
    • Make sure that the playground meets the required standards for design and layout.

    Other legislation, such as the Health and Safety at Work Act 1974, impose a duty of care on playground owners to ensure the health and well-being of anyone using their premises. If they fail to take reasonable steps to ensure their premises are safe for visitors, they may be liable for any child’s playground accident.

    Am I eligible to make a playground accident claim?

    If your child had an accident in a playground, the easiest way to find out if you could claim compensation is through a free consultation with a legal adviser. They will ask you several questions about the circumstances of the accident and will take on your case if they can determine the following:

    • Another party owed your child a duty of care legally.
    • They breached their duty through a negligent act and caused a playground accident.
    • Your child suffered injuries as a result.

    As stated before, playground owners have a legal duty towards all visitors and users, which is generally easy to establish. Next, an experienced solicitor will look at your evidence and help you gather any other documents you might need to support your playground injury claim. They will then contact the defendant and try to negotiate the maximum compensation award on your behalf.

    This guide will explain how you can make a personal injury claim for your child, how much compensation you could be entitled to and the time limits to start legal proceedings. We have also detailed the most common causes of playground accident claims and the injuries for which you could claim compensation. For a free case assessment, do not hesitate to call 0800 470 0474 today or use our online contact form to request a call back.

    Who can be liable to pay compensation for a playground accident?

    Based on the circumstances, various parties could be liable for a playground injury compensation claim, including:

    The local council

    The local authorities must ensure that all public playgrounds are safe for use. If an accident occurs due to poorly maintained equipment, inadequate safety surfacing, or failure to address known hazards, the local council could be liable for negligence.

    A school

    Schools have a duty of care to ensure the safety of children on their premises, including playground areas. They could be liable for a playground accident during school hours or on school property. Examples include failing to provide adequate supervision, maintain equipment, or ensure a safe play environment.

    A business owner

    Private business owners have a legal obligation to keep their premises safe for all users. This could include theme parks, garden centres, pubs or restaurants that provide children’s playgrounds for their customers. They could be liable for any resulting injuries if they fail to maintain their playground equipment properly, provide adequate safety features, or address known risks.

    A manufacturer or distributor of playground equipment

    If an accident occurs due to faulty or defective equipment, the manufacturer or distributor of that equipment could be liable. Examples include a design flaw, manufacturing defect, or a lack of proper safety warnings. In such cases, a claim may be possible under the Consumer Rights Act 2015.

    A dog owner

    Dog owners are responsible for controlling their pets in public spaces. If a dog attacks and injures a child at a playground, the dog’s owner could be liable for the injuries sustained. That is particularly relevant if the dog was not on a leash or was known to be aggressive.

    How do I make a personal injury claim on behalf of my child?

    Playground accidents are common, and around 40,000 children under the age of 15 need medical treatment each year due to playground injuries, according to statistics from the Royal Society for the Prevention of Accidents (RoSPA).

    If a child is injured on a playground and this happens due to someone else’s negligence, a parent or another suitable adult could make a compensation claim on their behalf.

    To begin the claims process, you must first apply to the court to be named their litigation friend. This is the term given to somebody who is making a personal injury claim on behalf of somebody else. Once appointed, the claim will run mainly in the same way as any other personal injury case:

    • Appointing your solicitor.
    • Gathering evidence to prove negligence and losses.
    • Assessing your child’s injuries and their long-term care needs.
    • Sending a claim notification form to the defendant.
    • Negotiating your compensation award if they admit fault for the accident.
    • Arguing your claim in court if they deny liability.
    • Receiving your compensation payment.

    As a litigation friend, you must make decisions that are in the child’s best interests, deal with correspondence, and sign legal documents. If the claim is settled out of court and in favour of your child, a judge will need to approve the settlement. Once approved, the funds will be held in a court bank account or a personal injury trust until the child’s 18th birthday.

    Evidence needed to support a playground injury claim

    If you want to make a claim for a playground accident, you will need various types of evidence to demonstrate that negligence or unsafe conditions led to the accident. You also need proof of the injuries sustained and their impact on your child and your family.

    To be able to support a claim, you will typically need the following:

    • Medical records, such as doctor’s notes, diagnostic tests and treatment plans. These will prove the nature and extent of the injuries sustained and their prognosis;
    • Expert testimony. Sometimes, you may need reports from expert witnesses such as safety inspectors or medical professionals to prove the cause of the accident or the impact of the injuries;
    • Photographs and videos. Take clear photos of the accident scene and any visible hazards before anything is moved or repaired, as well as of any visible injuries;
    • CCTV footage. If there were any security cameras, ask for a copy of the accident footage before it is deleted, which is typically within a month;
    • Witness statements. Ask for the names and contact details of any witnesses to the accident, as their testimony could help support your claim if liability is denied;
    • Accident reports. Report the accident to the local council or playground operator and ask for a signed copy of the report to prove when and where the incident took place;
    • Maintenance and inspection records. These records can reveal if there was a failure to maintain the playground equipment properly or if there were known hazards that were not addressed;
    • The child’s account. Depending on the child’s age and ability to recall the event, their account of what happened can be valuable;
    • Financial documents. You must also keep all documents related to the expenses and financial losses related to the accident, as you can include these in your damages.

    Types of negligence that can lead to a playground accident

    A playground injury compensation claim can stem from various types of negligence from another party, such as:

    • A failure to check and address issues with playground equipment routinely;
    • Insufficient adult supervision during playtime in schools or daycare centres;
    • Playgrounds with unsafe layouts or designs, such as equipment placed too close together;
    • A failure to provide or maintain appropriate materials that absorb impact around the play area, such as bark or matting;
    • A failure to comply with established safety standards and guidelines for playground equipment and design;
    • Incorrect installation of playground equipment, such as improper assembly or anchoring;
    • A lack of risk assessments to identify and address potential risks on the playground;
    • A lack of warning signs to warn visitors of known hazards;
    • Not taking actions to fix or mitigate dangers that have already been identified, such as exposed nails;
    • Equipment that does not meet safety standards or is unsuitable for the age group using it;
    • A failure to regularly clean and maintain the playground area, including removing debris and hazards such as broken bottles.

    If your child was injured in a playground and negligence can be established, you could be entitled to make a playground injury claim on their behalf.

    What are the most common causes of playground accidents?

    If owners and occupiers fail in their legal duty to keep the premises safe for visitors, various accidents could occur when using a playground. These include but are not limited to the following:

    Slips, trips, and falls

    Slips, trips, and falls are among the most common playground accidents. They often result from uneven surfaces, wet or slippery conditions, or obstacles left in the play area. Ensuring a clean, well-kept playground can help mitigate these risks.

    Falls from height

    Falls from height can be severe accidents. They typically involve children falling from raised equipment such as climbing frames, slides, or monkey bars. Safety measures like impact-absorbing matting and age-appropriate design are crucial to reduce the impact of a fall.

    Entanglement and entrapment

    These accidents happen when children get caught in or between playground equipment parts, such as gaps, ropes, or loose parts. If their limbs, clothing, or hair become trapped, they can suffer severe injuries. To prevent such risks, it is essential to ensure that equipment gaps are child-safe and that all parts are fastened securely and free of sharp edges.

    Incidents caused by broken equipment

    If they fail during use, faulty swings, unstable climbing structures, or broken slides can cause a wide range of injuries. Regular inspections and prompt repairs are crucial to ensure that playground equipment remains safe.

    Collisions

    Collisions on the playground can occur when children run into each other or into playground structures, often due to aggressive play or overcrowded areas. Ensuring adequate supervision and layouts can help reduce the likelihood of such accidents.

    Being struck by an object

    Such incidents involve children being hit by playground equipment, toys, or other items. Ensuring that playground areas are free from loose or dangerous objects and supervising play can help prevent these occurrences.

    Violent Incidents

    Violent incidents on playgrounds, including fights or bullying, can result in physical injuries and emotional trauma. These incidents often involve aggressive behaviour between children, leading to injuries from punches, kicks, or other forms of physical altercations.

    Each of the above playground accidents can lead to a wide range of injuries, from cuts and bruises to severe brain trauma. These are detailed below and will determine how much playground accident compensation you could secure for your child.

    What injuries could children suffer on playgrounds?

    Children can suffer a variety of injuries on playgrounds, which can range from minor scrapes and bruises to severe trauma, such as broken bones and head injuries. The nature of the injury and its severity will depend on the type of accident and will determine the amount of playground accident compensation that could be awarded for a successful claim.

    Some of the most common playground injuries include:

    Cuts and lacerations

    Cuts and lacerations can result from falls or contact with sharp or rough surfaces. They can range from minor scrapes to deep injuries that need stitches and can lead to infections and scarring.

    Bruises

    Bruises and contusions occur when blood vessels are damaged beneath the skin, leading to discolouration, swelling, and pain. They can result from direct impacts or falls onto hard surfaces. Such injuries are usually not severe and heal on their own, but they can still cause children pain and discomfort.

    Sprains and strains

    Sprains and strains involve injuries to ligaments, muscles and tendons. Sudden twists, falls or impacts when jumping, climbing or running can cause these to overstretch or tear, causing severe pain and limited movement. Severe tears may need surgical intervention.

    Head injuries

    Head injuries on playgrounds can range from mild bumps to skull fractures and more severe brain trauma. These often occur from falls from height, such as swings or climbing equipment, or from being struck by an object. Serious injuries can have long-term effects, such as cognitive and developmental issues.

    Fractures and dislocations

    Broken bones and dislocations can result from falls or high-impact collisions. Fractures occur when a bone is cracked or shattered into two or more pieces, while dislocations happen when a bone is forced out of its joint. Both injuries are typically very painful and may need immediate medical care.

    Facial injuries

    Facial injuries include cuts, bruises, lacerations, and damage to the eyes, nose or teeth. They can occur from falls or collisions with equipment and can have long-term effects such as scarring and vision impairments. Prompt medical treatment is essential to address damage to sensitive areas such as the eyes or teeth and prevent complications.

    Abdominal trauma

    Abdominal trauma may include bruising or internal damage to organs such as the spleen, kidneys or intestines. They can result from falls, impact or puncture wounds due to protruding metal parts or sharp edges. Injuries to internal organs need immediate medical assessment.

    Entrapment injuries

    Entrapment injuries occur when a child becomes stuck in playground equipment, such as between bars or gaps. They can result in severe pain and potential damage to limbs or other body parts.

    Leg injuries

    Leg injuries can range from minor sprains and strains to more severe fractures and amputations. They can result from falls, sharp edges, entrapment, jumps, or collisions. Leg injuries often cause immediate pain, limited mobility, reduced range of motion and ongoing discomfort.

    Psychological trauma

    Psychological trauma can result from the emotional impact of experiencing or witnessing a severe injury. Children may experience fear, anxiety, or post-traumatic stress (PTSD) following an accident, which can affect their willingness to play and their overall mental well-being.

    Children’s playground accident claims can stem from any such injuries as long as there is sufficient proof that another party was at least partially responsible for them.

    Can I make a claim if my child was injured in a playground accident at school?

    Schools have a duty of care towards children, as stated by the Education Act 2002 and the Occupiers Liability Act 1957. They must take measures to protect the health, safety and well-being of children while on their premises and keep them safe from accidents on playgrounds, including:

    • Perform regular risk assessments to identify potential hazards on the playground;
    • Conduct regular inspections to ensure playground equipment is in good condition;
    • Promptly repair or replace any defective or dangerous equipment;
    • Ensure play surfaces are designed to absorb impact and reduce the risk of injuries from falls;
    • Provide an adequate level of supervision during playtime, depending on the age and number of children;
    • Ensure staff members receive training on how to identify and address potential hazards.

    If your child was injured at school due to a breach of these or other duties, you may be entitled to make a school accident claim on their behalf.

    Can I claim if my child was injured by another child?

    Whether you can claim if your child was injured due to another child’s actions will depend on the circumstances of the incident. First, whether this was intentional or accidental must be established. If the harm was unintentional, bringing a claim could be very challenging unless you can prove negligence by a supervising adult or organisation.

    If the injury were caused by intentional behaviour, such as bullying or a physical assault, it would be much easier to claim compensation. In such cases, you might be able to:

    • Start a claim against a school if they were aware of the other child’s aggressive behaviour and did not take any corrective actions;
    • Start a claim through the Criminal Injuries Compensation Authority after reporting the incident to the police;
    • Start a claim against the child’s parents if they were aware that their child would cause harm to your child and could control them at the time of the accident.

    In such cases, it is crucial to consult with a specialist solicitor as soon as possible to understand your options and pursue your claim effectively.

    Can I make a claim if I was injured in a playground accident?

    If you suffered an injury while accompanying your child to the playground, and this was due to someone else’s negligence, you may be eligible to claim compensation. The duty of care of playground owners and occupiers extends to all visitors on their premises, not just children.

    Examples of accidents for which you could claim compensation include:

    • Slips, trips and falls due to uneven ground, broken tiles, debris or wet surfaces;
    • Cuts and lacerations from broken playground equipment or sharp edges;
    • Electrocution from exposed wires or faulty electrical equipment;
    • Head injuries from low-hanging bars or branches;
    • Falls from broken benches or swings;
    • Criminal assaults from parents of other children or other individuals.

    If you suffered a playground accident that was caused by negligence, an experienced solicitor could help you claim compensation for your injuries.

    You should keep in mind that, as an adult, you will have three years to make a claim, starting from the date of the accident. Exceptions apply if you want to make a criminal injuries claim; in this case, you have two years to begin your claim through the CICA.

    What is the time limit to make a playground accident compensation claim?

    The time limit to start a claim is set out by the Limitation Act 1980. Unlike other personal injury claims, claims on behalf of children are not bound by a three-year time limit starting from the day they were injured in a playground accident.

    Instead, a parent, legal guardian, or another suitable litigation friend can seek compensation on their behalf at any time before their 18th birthday, regardless of when the incident occurred.

    The time will only start to run on the day the injured child turns 18. From that point, they are legally considered an adult and will have until their 21st birthday to make a claim for a playground accident, providing the litigation friend process was not already used. If no claim is brought within this time either, the case will be statute-barred and no longer valid.

    While you have plenty of time to start your claim, we advise you to do so as early as possible. This way, all the details of the accident will still be fresh and gathering evidence will be much easier. A few exceptions could apply to the limitation period:

    • If you lost a child due to a severe playground accident, you could start a claim for compensation within three years after they passed away.
    • If your child was injured on a playground while on holiday abroad and you are able to claim compensation, the time limit to do so could vary significantly from country to country.

    How much compensation can I claim for a playground accident?

    The amount of playground injury compensation awarded to claimants will vary from case to case, depending on several factors. These include the accident circumstances, the extent of the injuries suffered, related financial losses and the impact on daily living.

    Your solicitor will consider all your losses to secure as much compensation as possible. They will include two types of damages in your claim:

    Special damages. This part of the compensation will aim to cover all the past and expected future financial losses and expenses related to the accident. Examples include:

    • Prescriptions and medical aids
    • Private treatments, surgeries and hospitalisation
    • Rehabilitation and physical therapy
    • Counselling for any psychological damage
    • Cost of care and assistance with daily living, even if provided by you
    • Lost earnings while taking care of your child
    • The cost of home tutors if your child cannot return to school right away
    • Adaptations to your home or vehicle to accommodate a disability

    General damages. These aim to cover the injuries suffered by your child and their impact on their health and well-being, such as:

    • Physical and emotional pain and discomfort
    • Physical and mental disability
    • Impaired development
    • Scarring and disfigurement
    • Impact on hobbies and social interactions
    • Reduced quality of life
    • Loss of a unique career, if for example, the child was a young actor

    The claim for special damages will be based on financial documents such as medical bills, receipts and invoices. On the other hand, general damages will be based on medical records and the guidelines from the Judicial College. According to these and our online compensation calculator, you could receive:

    • £31,310 to £50,060 for severe ankle injuries that need a lengthy recovery period.
    • £2,210 to £12,770 for a minor head injury with complete recovery.
    • £267,340 to £344,150 for a very severe brain injury with permanent symptoms such as loss of sensation in the limbs.
    • £47,840 to £109,290 for severe leg injuries causing life-long disability and movement restrictions.
    • £23,430 to £47,810 for an arm injury such as a simple or complex fracture with substantial recovery.
    • £10,890 to £16,380 for a rotator cuff tear or fractured humerus that needs surgery
    • Up to £15,260 for soft tissue injuries to the back or slipped discs without permanent damage

    Can I claim for lost wages while taking care of my child?

    If your child suffered a severe injury due to someone else’s negligence, you or your partner might have to take time off work to look after them during recovery. This means you may lose an essential source of income, which may put you under financial strain.

    To help ease this financial strain, you can include any lost wages and other sources of income in your playground injury claim if you can prove that you missed work for the sole purpose of taking care of them. A claim for loss of earnings can include:

    • Your regular salary or self-employed income
    • Loss of overtime pay
    • Loss of bonuses, tips and commissions
    • Loss of business opportunities, promotions or raises
    • Loss of pension contributions
    • Future loss of earnings, based on any long-term or permanent disabilities your child may have suffered

    If you received sick pay during your time off work, this will be deducted from your claim. Your solicitor may help you set up a personal injury trust, which will also ensure that your child’s compensation will not affect your or their entitlement to any means-tested state benefits.

    Can I make a no win no fee playground accident claim?

    Yes. If you have a valid claim for playground accident compensation, you will be offered a 100% no win no fee agreement. Your solicitor will not ask for an upfront payment, and they will take on the risk of litigation. Furthermore, you will not have to pay any fees during the claims process or if you lose the case.

    No win no fee ensures you have access to justice with no financial stress or risk. The no win no fee agreement guarantees there are no unexpected costs, as all fees and expenses are covered within the arrangement, as follows:

    • If you win your claim, your solicitor will receive a success fee that will be deducted from your compensation award. This fee is capped at 25% of past financial losses and general damages and will be agreed upon from the beginning.
    • If you lose the playground accident claim, you do not have to pay your solicitor a single penny. Furthermore, you will have After the Event (ATE) insurance included in your arrangement, which will cover all your costs and disbursements if your case is unsuccessful. These include expert witnesses, court fees, medical reports and the defendant’s costs.

    Contact a personal injury solicitor today!

    If your child has been injured in a playground accident and you want to start a compensation claim, contact a personal injury lawyer as soon as possible. If you are eligible to make a claim, having a solicitor on your side brings numerous advantages, such as:

    • A 100% no win no fee service;
    • You will know your claim has a strong chance of success;
    • They understand how the legal system works and what strategies insurance companies typically use to pay less compensation or avoid paying at all;
    • A free initial consultation and regular updates about the case;
    • An independent medical review to assess any long-term effects and care needs of your child;
    • Your solicitor will help you gather the necessary evidence to support your claim;
    • They will handle all communication and negotiations on your behalf;
    • They will know exactly what amount of compensation you are entitled to and work hard to secure it.

    To receive free legal advice or start your playground accident claim today, call 0800 470 0474 today or use our online contact form to request a call back.