Child Accident Claims
If your child suffered an injury due to negligence, it could be devastating to your entire family. If someone else was liable for the accident,…
Read moreClaim 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.
We are a claims management company regulated by the Financial Conduct Authority.
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.
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.
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:
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.
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:
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.
Based on the circumstances, various parties could be liable for a playground injury compensation claim, including:
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.
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.
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.
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.
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.
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:
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.
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:
A playground injury compensation claim can stem from various types of negligence from another party, such as:
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.
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 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 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.
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.
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 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.
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 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.
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 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 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 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 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.
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 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 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 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 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 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.
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:
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.
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:
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.
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:
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.
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:
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:
General damages. These aim to cover the injuries suffered by your child and their impact on their health and well-being, such as:
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:
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:
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.
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 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:
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.