Children deserve a safe space to play and socialise. Unfortunately, when playgrounds are poorly maintained or safety standards are ignored, they can suffer injuries through no fault of their own. If that is the case for your child, you may be wondering whether there are any benefits to making a claim on their behalf. While compensation can’t ever erase what happened to your child, playground accident claims can play a meaningful role in supporting their needs and helping their overall recovery.
This guide will go over all the essential information about the playground accident claims process, beginning with the eligibility criteria for pursuing compensation. You’ll read about how you might be able to make a claim on your child’s behalf and the support that one of the No Win No Fee solicitors from our panel can provide when seeking public liability compensation.
Key Takeaways:
- Children under 18 cannot make a claim themselves, but a loved one can do so on their behalf.
- Common injuries in playground accident claims include broken bones, head trauma, and lacerations.
- Compensation can cover the physical, psychological, and financial impacts that have been suffered.
- No Win No Fee agreements can put claimants at ease when hiring a solicitor.
- Our panel of solicitors are experts in playground accident claims and can help their clients claim personal injury compensation on a No Win No Fee basis.
Contact us today for tailored advice and a completely free case assessment. Speak to one of our friendly advisors by:
- Calling 0333 000 0729
- Filling out our online ‘Contact Us‘ form.
- Messaging in our live on-screen chat box.
Jump To A Section
- How To Make A Playground Accident Claim If My Child Was Injured
- What Could Cause An Accident On A Playground To Occur?
- What Injuries Will Be Covered By Playground Accident Claims?
- What Compensation Could Be Awarded For Playground Injuries
- How Will Playground Accident Compensation Be Paid To My Child?
- Is There A Time Limit To Claiming Compensation After A Play Area Accident?
- What Evidence Will Be Needed To Help Support A Playground Claim?
- Can A No Win No Fee Play Area Accident Claim Be Made?
- Why Choose Legal Helpline?
- Learn More
How To Make A Playground Accident Claim If My Child Was Injured
You can make a playground accident claim on behalf of your child if it can be demonstrated that:
- Your child was owed a duty of care in a playground.
- This duty of care was breached.
- Your child suffered an injury as a direct result.
A duty of care is the responsibility that others have towards others, such as your child. This duty is governed by various kinds of rules and regulations, including legislation. For instance, those responsible for public spaces (‘occupiers’) have a duty of care under the Occupiers’ Liability Act 1957. That means they are required to take practical steps in order to ensure that visitors are reasonably safe on their premises, like playgrounds.
Could My Child Make A Claim For Themselves?
Your child cannot make a playground accident claim for themselves, as those under the age of 18 are prevented from pursuing compensation independent of others. However, you or another adult can act as a litigation friend to file a claim on their behalf for as long as they are minors. This role gives someone the responsibility of making decisions about the case in the best interests of the child. Litigation friends can also be used for mentally incapacitated adults since they cannot make a claim on their own either.
Am I Able To Claim If I Was Injured Too?
Yes, you may be able to claim if you were injured, too. Occupiers of public playgrounds owe a duty of care to all visitors, including parents and other adults. If they failed to meet this duty, causing you to be injured while, say, supervising your child, then you may have a valid case for compensation.
If you’re unsure about the process of claiming or would like to learn more about the eligibility criteria for pursuing compensation, please get in touch with our advisors. Their advice is completely free, and there is no obligation to proceed with a playground injury claim.
What Could Cause An Accident On A Playground To Occur?
Here are some examples showing what could cause an accident on a playground to occur and possibly lead to a valid compensation claim:
- Faulty playground equipment – The swing in the park was faulty, but it wasn’t cordoned off because the occupier failed to conduct any regular maintenance checks on the playground’s equipment. Your child ends up suffering a head injury in a fall when the swing’s frame collapses.
- Broken slide with sharp edges – A metal slide had become rusted and cracked, leaving sharp, exposed edges. Despite repeated complaints from parents, the equipment was never repaired or replaced. Your child uses the slide and sustains deep lacerations to their legs.
- Loose safety surfacing – The rubber safety flooring under a climbing frame had come loose and exposed the concrete base underneath. The local authority was aware of the issue for some time but had not scheduled repairs or cordoned off the play equipment. Your child falls from the frame, landing on the exposed concrete and suffering a fractured wrist.
- Lack of correct and appropriate signs – A large climbing structure intended for children aged 10+ was not signposted accordingly. Your younger child, unaware of the risk, attempts to use the equipment and falls from height, resulting in a spinal injury.
- Obstructed pathways and hazards – Despite multiple reports about potentially dangerous debris and objects at a popular playground, a council fails to conduct an inspection to identify and remove the hazards. Subsequently, your child trips on a broken piece of play equipment and lands on a pile of shattered bottles, suffering multiple deep lacerations and tendon damage.
We understand how upsetting it can be to see your child hurt, no matter what caused their injuries and accident. Please get in touch today to share what happened with our advisors and get personalised guidance on the playground accident claims process.
What Injuries Will Be Covered By Playground Accident Claims?
Playground accident claims can cover a wide range of injuries, including:
- Broken bones or fractures
- Head injuries and concussions
- Lacerations and deep cuts
- Sprains, strains, and dislocations
- Facial injuries, including teeth damage
- Internal damage to organs
- Spinal injuries and paralysis
No matter how minor or major you think your child’s injuries are, there may be grounds to claim compensation if they were caused by someone else’s breach of duty. If your child suffered any of the above injuries or some other harm through no fault of their own, speak with an advisor today. They work round-the-clock to ensure all enquiries are given a prompt response.
What Compensation Could Be Awarded For Playground Injuries?
Compensation for playground injuries may consist of general and special damages. A person’s injuries are covered under general damages, while the latter can reimburse related financial losses. Solicitors may assess the general damages part of a playground accident compensation claim based on the Judicial College Guidelines (JCG) document. These guidelines provide suggestive compensation brackets for a variety of physical and psychological injuries.
In the table below, we have included some of the JCG’s brackets for several injuries. Since these brackets are only suggestive, please keep in mind that the table isn’t a guarantee of compensation. Additionally, the top figure for multiple injuries and special damages isn’t from the JCG.
| Injury | Severity | Guideline compensation brackets | Notes |
|---|---|---|---|
| Multiple very severe injuries and special damages | Very severe | Up to £1,000,000+ | Multiple injuries that are very severe, along with associated financial losses, such as care costs. |
| Brain damage | Very severe | £344,150 to £493,000 | Compensation in bracket may be influenced by factors like sensory impairment, the capacity to communicate (with/without assistive technology), and the degree of any problems with behaviour. |
| Less severe | £18,700 to £52,550 | Factors considered can include the severity and extent of the initial injury, depression, and the extent of any ongoing disability (that may possibly be permanent). | |
| Leg | Severe (i) the most serious injuries short of amputation | £117,460 to £165,860 | Cases can include injuries where extensive bone grafting has been taken for fractures that have not united. |
| Less serious (iii) simple fractures to tibia or fibula or soft tissue injuries | Up to £14,450 | At the bracket's top end, there will be simple tibia/fibula fractures featuring persisting minor symptoms, such as modest movement restriction and/or dull aching. | |
| Arm | Severe | £117,360 to £159,770 | These injuries are so extremely serious that a person will be little better off than if their arm was amputated. For instance, a serious injury to the brachial plexus. |
| Simple forearm fractures | £8,060 to £23,430 | Any fracture to the forearm will be simple. | |
| Facial disfigurement | Very severe scarring | £36,340 to £118,790 | Where the claimant is relatively young (usually teens to someone in their early 30s), with a very disfiguring cosmetic effect and severe psychological reaction. |
| Less severe scarring | £21,920 to £59,090 | The disfigurement will still be substantial and the psychological reaction is significant. |
Would you like to find out more about personal injury compensation? Our advisors are here to help and can provide a free case assessment without any obligations to proceed with a claim.
How Is The Final Compensation Amount Determined?
Playground accident compensation may be determined by factors such as:
- The severity of the injury.
- The level of pain experienced.
- The impact on your child’s quality of life. For instance, have their injuries affected their education or ability to perform day-to-day activities?
- Length of recovery time.
- Whether the injury has caused any lasting effects or disabilities.
- Emotional trauma or psychological distress.
Special Damages
As pointed out above, it’s also possible to make a claim for financial losses caused by an injury under special damages. These can include:
- Medical costs such as private treatments and prescriptions.
- Travel expenses to and from medical appointments.
- Loss of earnings for parents or guardians who took time off work.
- Therapy or rehabilitation costs for counselling, occupational therapy, and physiotherapy.
- Educational support, such as tutoring or home-schooling, if time off school was needed.
- Adaptations to the home (e.g. mobility aids and ramps).
- Care costs for help with daily tasks during recovery.
No matter what costs are claimed for, they need to be supported with evidence. That proof may depend on the type of loss incurred but often includes documents like payslips, bank statements, and receipts.
Could My Child Be Eligible For Interim Payments?
Your child may be eligible for interim payments under certain circumstances, for instance, if a defendant admits liability or it’s likely that a claim will win. These are partial payments that are deducted from someone’s compensation before a case concludes to cover urgent needs, such as private medical treatments, home accessibility improvements, or care costs.
In claims involving a child, the court must approve the application. The Court of Protection may also appoint someone (a ‘Deputy’) to administer the payment to ensure the funds are used in the child’s best interests.
Call us now to find out more about compensation and how interim payments can help support your child’s recovery during the playground accident claims process.
How Will Playground Accident Compensation Be Paid To My Child?
Once the case is settled, your child’s playground accident compensation will likely be held in a court-approved trust account until they turn 18. That is to ensure the money is only used in the child’s best interests. In some cases, the court may allow small sums to be released before this age if it can be shown that there is a clear and specific need, such as to fund therapy or purchase educational equipment.
Speak to our advisors to understand how your child’s compensation will be protected and managed. They’re here 24/7 to provide a prompt response and to explain everything clearly.
Is There A Time Limit To Claiming Compensation After A Play Area Accident?
Yes, there is a 3-year time limit for claiming compensation after a play area accident. That time limit is set by the Limitation Act 1980 and applies to when a claim should be started. However, for children, the 3-year period only begins from their 18th birthday (if no claim has been made on their behalf by a litigation friend), giving them until age 21 to start seeking compensation.
As we mentioned earlier, mentally incapacitated adults are also unable to claim for themselves. In such cases, the 3-year time limit only applies if they regain their mental capacity, dated to the recovery.
To see if there is enough time to start a playground accident claim, please get in touch with our advisors. They’re here 24/7, so you can rest assured you’ll get a quick response.
What Evidence Will Be Needed To Help Support A Playground Claim?
The evidence needed to help support a playground accident compensation claim must clearly show how it meets the eligibility criteria talked about earlier in the guide. For instance, claims can be strengthened by:
- Medical records and evidence of medical treatment.
- Copies of an accident report filed with the local council or playground owner.
- Photographs of the accident scene, such as clearly faulty play equipment, and any visible injuries.
- Contact details from witnesses so that they can potentially provide a statement to a solicitor later on in the claims process.
- Receipts for expenses such as travel, medical care, or home adaptations.
- A personal diary where you have recorded your child’s symptoms and treatment.
Evidence is not only a way to prove the extent of your child’s injuries, but it also plays a big role in establishing how they were caused by a breach of duty. One of the specialist solicitors from our panel can assist in gathering the necessary evidence to build a compelling claim, helping to ease the pressure on your family so the focus can stay on your child’s recovery.
Call us now to find out more about the steps involved in proving a claim and how one of the solicitors making up our panel can help strengthen your child’s case.
Can A No Win No Fee Play Area Accident Claim Be Made?
Yes, it is possible to make a No Win No Fee play area accident claim. Our panel of solicitors handle such claims specifically through a Conditional Fee Agreement (CFA). This means:
- No upfront solicitor fees for the representative’s work.
- No extra solicitor fees to pay as the claim progresses.
- If compensation isn’t won, there are zero solicitor fees to pay at all.
Should a claim win, then a success fee will be paid to the solicitor for their work. This pre-agreed fee is kept small as the percentage taken from the compensation a person receives is legally capped.
Why Choose Legal Helpline?
Here at Legal Helpline, we work with a panel of solicitors who have extensive experience handling playground accident claims and other personal injury cases. That experience has given them a strong track record of securing compensation for injured children across the country.
The solicitors making up our panel are experts in helping families navigate the claims process, providing sensitive support and guidance at every stage. Here’s how they can help:
- Gathering evidence: From obtaining witness statements to organising an independent medical assessment, our panel of solicitors understand how to collect and present the evidence needed to build the strongest possible claim.
- Rehabilitation assistance: To support your child’s recovery, a solicitor from our panel can put them in touch with a range of specialists, including psychologists and physiotherapists.
- Straightforward advice: All the solicitors from our panel are committed to making the claims process as accessible as possible. They’ll always take the time to explain unfamiliar terminology and provide regular updates on the status of a claim.
- Negotiations: Years of experience and high-level training ensure our panel of solicitors know how to skilfully navigate the process of negotiating compensation.
From helping to gather compelling evidence to expertly negotiating settlements, our panel of solicitors always work with care, professionalism, and a child’s best interests in mind.
Contact Us
If your child has been injured in a playground accident that wasn’t their fault, contact our advisors today. They are here 24/7 to answer any of your questions and provide a case assessment completely free of charge:
- Call 0333 000 0729
- Fill out our online ‘Contact Us’ form.
- Message in our live on-screen chat box
Learn More
Learn more about personal injury claims with these similar guides:
- Find out how to make a public park accident claim.
- Read up on slip, trip and fall claims.
- Get information on making a pothole claim.
Additionally, here are some useful external resources:
- Government overview of how to claim Statutory Sick Pay (SSP) if you needed time off work after your child was injured.
- Guidance from the government on supporting a child’s education.
- An overview of NHS services.
Our advisors are here to help, so please get in touch at a time convenient for you to learn more about the playground accident claims process.
