When we go to a public park, either for a run, a stroll, to watch the world go by or to simply enjoy being outdoors, we expect to do so without incident. If you have been injured in a public park, you are likely to have been in some pain, and you may have received injuries that take some time to heal. If the accident was not your fault, and was due to someone else’s dangerous behaviour or negligence, whether the local authorities or someone else’s, then you may have cause to claim for compensation. If you would like to know more about how to claim, what sort of accidents are covered or how much compensation you could receive, then take a look at the guide below.
Jump to a Section
- A guide to Public Park Accident Claims
- What is a Public Park Accident?
- The Council’s responsibilities for public park accidents
- The 6 most common public park accidents
- Children’s playground accidents
- Public Park Car Park Accidents – Can I claim?
- Slip, trip and fall public park accidents – do I have a claim?
- Public park accident at work claims
- What to do if you are injured in a public park accident?
- How to begin a public park accident compensation claim
- What can I claim for after a public park accident?
- How much can I claim for a public park accident?
- No Win No Fee Public park accident claims
- Why choose us as your claims service for Public Park accident claims?
- Contact us for free public park accident advice and to start a claim
Public parks are great places to go and get fresh air – something which many of us are lacking as we spend more time indoors. According to reports, an estimate of 2.6 billion visits made each year across the UK, and with many of these including children, the park will long be a place for people to go to get out into the great outdoors.
However, park visits are not without risk, and if you have been injured in a public park accident, then you might be put off visiting again. Most public parks are owned and operated by the local authority, and depending on how well they are taken care of, should present few risks to park users. However, this is not always the case and public park accident claims ensue. Sometimes they are not properly maintained, which may lead to accidents that cause injury. If the local authority is found to be negligent in these cases, then it is only right that persons injured should be able to launch public park accident claims for losses they have sustained as a result of the injuries, and for the injuries themselves.
This public park accident claims guide takes you through everything you need to know about public park accident claims, including whose responsibility public parks are, what maintenance needs to be done, common public park related injuries and how much you could claim if you are found to have one of the public park accident claims that has a strong case for the local authority to answer.
Public park accident claims can cover a great many different types of injuries. If you have slipped, tripped or fallen on uneven or broken paving, been injured on unsafe or damaged play equipment, or have been subject to a public park accident at work, you may be liable to make public park accident claims for earning losses, and for the traumatic experience you may have gone through, whether play park injury claims or public park slips trips and falls.
It does not matter where you are in the country, if you are in a public park that is supposed to be maintained by the local authority, then if they fail to do so and you are injured, you should have cause to lodge claims against the council for personal injury. The council in question will be covered by public liability insurance, and claims made against a local authority for play park injury claims, or public park accident claims will be paid from this insurance.
While many different accidents can occur in a park, there are some that are more common than others, leading to public park accident claims. Here, we list the most common accident in a public park claims reasons, but if your accident is not on this list, you should not worry. Instead, simply call our team and we will be able to tell you if you have cause to launch public park accident claims.
- Poorly designed play equipment leading to play park accident compensation claims
- Inappropriate playground surfacing
- Age group of play equipment unsuitable for users
- Installation of play equipment not done correctly
- Poor maintenance of play equipment
- Poor maintenance of paths and other surfaces
As you can see, many of these public park accident claims cover play equipment, which means that you may be making a claim on behalf of a children injured at a public park. In fact these are quite common, with ROSPA statistics revealing that approximately 40,000 children receive play equipment injuries each year in the UK. If you are doing so, then it is important to remember that you do not have to wait until they reach adulthood to make a playground accident claim. An adult can claim on behalf of a child in many circumstances, up to 2 years after the date of the accident. Otherwise, a child can lodge public parks accident claims once they reach adulthood.
If your child, or a child you are responsible for is injured due to the poor design or maintenance of play equipment at a public park, then you should certainly explore your options as to whether you can make a play park accident compensation claims for the injuries the minor has incurred. As part of many public park accident claims involving a child, a parent can often claim for an accident in a public park leading to lost earnings while they have had to take time off to take care of a child while the child recovers.
Car parks in public spaces are often operated by the local authority, which means there is a high chance that if your accident were down to poor maintenance of the area, you would have a public park car park accident claim.
Often, one of the most common public park accident claims is due to a trip or fall, or a slip. However, it is important to differentiate between a slip, trip or fall that is not your fault, and one that someone else is liable for, such as a claim against the council for pavement disrepair leading to an accident.
It is common for people to trip and slip or fall in a park, and it is not always the fault of someone else. If, for example, you tripped on your shoelaces while jogging, you would not even think of making a claim for compensation. However, if you trip on a piece of loose wiring from a piece of electrical machinery, or something that should have been fixed or should not have been there, it may be that the public park’s local authority is at fault and if so, you should be able to make public park accident claims.
To be proven responsible or liable for a slip, trip or fall, one of the following conditions must be met:
- The local authority knows about the danger of the surface and has not done anything about it
- The local authority created the dangerous surface, whether it is worn, jagged torn, slippery or dangerous in some way
- The local authority should have known that the dangerous surface existed due to their taking reasonable care of their property.
As you can see, the third option is the most difficult to prove, but it is also the most common in public park accident claims. Whichever reason you have suffered a slip, trip or fall in the park, why not speak to our experts, who will be able to advise you whether you might have a claim and how to sue the council for negligence for this type of injury.
If you work for the local authority, your employer, just like any other, must provide you will the relevant training to do your job safely, along with providing a safe place for you to work and the correct equipment required to do your job safely. If, for some reason, this is not the case, then you would more than likely have a public park accident at work claim. Claiming against an employer can understandably be a little daunting. However, it is important to understand that you will not put your job at risk by making a claim against the local authority that has employed you. Your employer is not legally allowed to discriminate against you for taking action, and you will more than likely be making the workplace a safer place to be by making your employer aware of what’s happened and
The Health and Safety at work Regulations from 1999 state that your employer has a duty to make sure you are safe at work. This responsibility means that the employer in question should:
- Regularly risk assess you at work, to ensure that any risk of injury is minimised
- Train you to safely carry out your duties
- Provide you with protective equipment where required to do your job safely
If the employer does not succeed in their duty to you to keep you safe at work, and an accident or injury ensues, then you have the right to pursue a personal injury claim for your accident in a public park.
While you might not initially think about making a compensation claim for a public park accident immediately after your accident occurs, it may well be worth keeping in mind that the more evidence you have to support your claim, the more likely it will be to be successful. Evidence can be gathered in many different forms and can include:
Photographs – Wherever in the park your public park accident has taken place, make sure you get a few pictures of the scene wherever possible. In addition to this, it would be good to get someone to photograph any and all injuries you may have sustained because of the accident to help prove public park accident claims.
Witnesses – While we would never ask you to get a witness statement yourself, it is a good idea to speak to anyone who saw what happened when you had your accident. You should take down their contact details so that your solicitor can take a statement from them at a later date if it is required.
A reminder – As the human memory fades over time, it would be a good idea to note down all of the events that surround your accident. Doing so soon afterwards will ensure you have all the details, in case you forget some at a later date.
If you have valid cause to claim, and have already discussed your accident and injury with us, then we can take your claim forward for you immediately. If not, then simply call us and we will be delighted to help you. Usually, any claim through us starts with a consultation which is similar to a fact-finding session. Our experts will ask questions about what has happened to you, and you will also be able to take this time to ask us anything you would like to learn about how the process works. After this session is over, we will be able to let you know if you have cause for a claim.
We will talk through with you the no win no fee details of your public park accident claims at this point, and you will be able to ask us anything about how this works in order that you feel completely comfortable with how it operates.
Usually, although not every claim is the same, you will then need to go to an appointment with an independent medic, who will report on your condition and injuries as part of the medical evidence that will accompany your claim. We will happily arrange this at a time and location to suit you. In most cases, we can find a medical expert not too far from where you live.
When you have been in a public park accident that has caused you any kind of injury, the likelihood is that it will not have just caused you inconvenience, but pain and injury too. You may also have lost out on some of your income, particularly if you have had to take a lot of time off to get better. In extreme circumstances, you might not be able to return to your regular role, or return to work at all. All this is taken into account when calculating the type and amount of compensation for public park accident claims, which are usually broken down into the following types of award when suing the council after a fall or due to poorly maintained play equipment.
Care award – If you have suffered severe injuries, you may have required some assistance with daily tasks around the home. If so, it is likely that someone will have had to care for you. This person will be able to lodge a care claim.
Earning Loss – Earning a regular wage is vital for the smooth running of most households, and when this earning is interrupted, it can cause big problems for your finances. If someone else has caused the accident in a public park that you have been in, and you have lost some of your income because of it, you should be able to launch a public park accident claims for loss of earnings, both for what you have actually lost and what you are likely to miss out on before you return to work as normal.
Medical and Travel Expenses – When you have to travel to medical appointments, or other appointments because of your claim, you will have paid out to travel, whether it is the use of your own car and petrol or the use of public transport. These costs should be recoverable in a successful claim. In addition, prescription and other medical costs could be submitted as part of public park accident claims.
Damages (General) – You are likely to have suffered at least some pain and inconvenience due to your accident, and the amount you are awarded for this is called general damages. Someone will assess the medical evidence and make a decision on how much you should receive because of this.
Whether the expenses you have incurred are relatively small or rather large, it is important you keep as much of a record as possible in order that this evidence can be submitted as part of your claim.
In terms of the common payouts given for public park accident claims, council compensation payouts vary wildly, depending on the type of accident, the severity of the initial injury/injuries and the prognosis for future recovery, so the answer to how much can I claim for a public park accident is not an easy one. This is why no company should promise in advance a particular amount of money that you will receive for public park accident claims. It is true, however, that certain types of public park injury claims are often subject to common payment brackets, which allows us to reveal, in the below chart, how much can be typically awarded in certain circumstances. As we can not cover every injury that it is possible to receive in a public park, this is just a snapshot of what could be claimed for in public park injury claims. Therefore, if your injury is not listed, it does not mean you will not have a claim. Simply call our experts, who will be able to furnish you will further information as to the typical amounts awarded for your specific public park injury compensation claims circumstances.
|Injury requiring compensation||Common payment bracket||Notes|
|Shoulder injuries – Minor||A couple of hundred pounds - £6,000||A few months’ recovery will see the lower amounts awarded, where ongoing issues that last for over a few months may see the higher payments.|
|Shoulder injuries – Moderate||£6,000 to £9,700||Injuries that lead to frozen shoulders or reduce movement in the area for a while will be in this bracket. Often, symptom will be ongoing for around 2 years.|
|Shoulder injuries – Serious||£9,700 to £14,600||Injury to the brachial plexus of the claimant or dislocation will usually be taken as serious and payment amounts will be in this bracket.|
|Shoulder injuries – Severe||£14,600 to £36,500||A certain level of permanent disability will see the higher payout amounts here. Often severe damage to the claimant’s brachial plexus will also be included.|
|Back injuries – Minor||A couple of hundred pounds to £9,500||Recovery time, degree of initial injury and the prognosis for recovery will be considered before the award amount is calculated.|
|Back injuries - Moderate||£9,500 to £21,100||Often residual disability will be present, as well as damage to nerves and discs.|
|Back injuries – Severe||£29,475 to £122,350||Nerve root and spinal cause damage often sees this type of payout. Pain will be severe and often ongoing. There will also be some disability that is seen to be permanent.|
|Minor injuries CAT A||A few hundred pounds to £525||Seven-day recovery|
|Minor injuries CAT B||£525 to £1,050||Recovery within 28 days|
|Minor injuries CAT C||£1,050 to £1,860||Recovery within three months|
Whether you pay a solicitor by the hour, or they work on a fixed fee basis, what is not often communicated to those seeking the services of a legal professional for public park accident claims is that some solicitors will get paid whether they win you your case or not. This, we feel, is unfair, which is why we work had to ensure public park accident claims are taken with no win no fee agreements in place. This type of claim is beneficial to many people in your position. After all, it is unlikely that if you have had time off work and are on reduced pay that you will be able to dole out sums of money on legal fees. The way in which this type of claim works is by securing your compensation payout before any fees are due. Almost incredibly, you might think, if your case fails to win you compensation, there will be no large legal bills landing on your doorstep. In fact, you will not be liable for any legal bills at all if your case doesn’t win.
If you are wondering how this works, in general terms, an agreement is put in place in advance for a percentage of your compensation payout for public park accident claims to be paid to these legal professionals. If you want to ask any questions about how this fee is calculated, then why not call us – we will be glad to explain.
It can be hard to see through the marketing material to get through to the what makes a public park accident claims service better than others, but we believe what makes us a great company to work with is the fact that we will always put our clients before everything we do. We know that the only reason you would be contacting a claims service like ours is because you have been through something that has caused you pain and injury. We keep this in mind at all times, and as previous clients of ours will attest to, we go the extra mile to make sure the strongest claim possible is put forward to gain you the compensation award that you should receive for your injuries and your experience. Not only that, but we do so with the minimum of disruption to you whilst you recover from the experience you have gone through, as well as your injuries.
In addition to this, we have many years’ worth of experience behind us, allowing us to truly know what you are looking for when you are making a claim. Whether you have a question about making a claim that cites your employer as being responsible for your accident, and are worried about what this might mean for your job, or you have an injury that you’re not sure would be covered in a compensation claim, we will be able to find you the answer.
Whether you have been injured when walking your dog in a park, or have suffered injuries while in the car park at the public park, and want to sue the council for injury, you are sure to have some questions about making a claim, even after reading this guide. We know that everyone’s situation is different when suing the council for damages, so there are sure to be certain details of your potential for a claim that you would like to clarify before you go ahead with a claim. Whatever these questions, we will endeavour to answer them quickly, and fully, without subjecting you to complex legal jargon. For honest, human advice, please call 0800 073 8804, where our team of experts will happily take you through any queries you have. Alternatively, if you are in the position where you would like to start a claim, our team can help here too. There really is no reason not to pick up the phone to call about your public park accident claim – we will always be happy to help.
This document, produced by the HSE, covers research into the benefits, risks and choices to be made when providing playground spaces for children.
This is ROSPA’s publication that provides information on accidents on playgrounds, why they occur and what can be done to prevent them.
Claiming against the council can be a somewhat daunting prospect, but our guide takes you through the process step by step and shows how you can make claiming less stressful.