By Brett Williams. Last Updated 12th July 2021. Welcome to our playground accident claims guide. In this guide, we will look at claiming compensation for injuries sustained by children at the play park, whether that be due to poor maintenance or faulty playground equipment.
Whilst most injuries will be minor and part of the normal rough-and-tumble of play, this is not always the case. Sometimes more serious injuries are incurred. If your child has been harmed due to someone else’s carelessness, error or negligence, you could be able to claim compensation on behalf of your child.
Here at Accident Claims UK, we are experts in seeking children’s playground accident compensation. Please call us today on 0800 073 8801 to find out more about what we can do to help you.
Select A Section
- A Guide to Playground Accident And Injury Compensation
- What Are Playground Accidents
- How Common Are Accidents In Playgrounds?
- Who Is Eligible To Make A Playground Injury Claim?
- Can I Claim Compensation If My Child Was Injured In A Playground At School?
- Can I Claim Compensation If The Injury Happened In A Indoors?
- Can I Claim Compensation For Slips, Trips, And Falls?
- Can I Claim For Injuries In A Play Park
- Can I Claim For Lost Income As A Parent?
- What Steps Should You Take After A Playground Accident?
- Do I Need To Collect Evidence To Make A Claim For An Accident In A Playground?
- How To Begin Your Claim For An Accident In A Playground
- What Can I Include In My Children’s Playground Accident Compensation Claim?
- Playground Accident Injury Compensation Calculator – Updated July 2021
- No Win No Fee Claims For An Accident In A Playground
- Why Use Our Team To Make A Child Injury Claim
- Contact Our Team Today
- Helpful Resources
Welcome to our playground accident claims guide.
It is not unusual for children to suffer bumps and scrapes while they are having fun at the playground. However, sometimes the injury can be more serious and it can be very distressing to see your child in pain. If your child’s injury was caused by the negligence of somebody else, perhaps the local authority or the school then you are likely to feel that you are owed some compensation as a result of their carelessness. There is a chance that you will be entitled to claim. This guide explains everything you need to know about children’s playground accident compensation and how to claim it.
Before looking at playground accident claims, let’s take a look at what playgrounds accidents are.
An accident in a playground includes a child injury that takes place in a private playground, a council-run play park, at a school or anywhere else. In order to be able to make a playground accident claim for injury one of the following must be true:
- The playground accident must have happened due to someone else’s carelessness, error or negligence. Usually, the person or authority who owns the playground.
- The accident must have happened within the previous three years, as this is the standard time limit for personal injury claims. There are however some exceptions to this if it is a child who has been injured. A solicitor will be able to advise you on this.
- The injured child must have seen a medical professional about their injuries. If your child has not seen a doctor then the solicitor that Accident Claims can provide you can arrange an appointment with a healthcare professional on your behalf.
If your child has suffered an injury whilst playing in a play park or on a playground and it is not your fault then you will be able to claim compensation, no matter what type of accident occurred. However, it may be useful to give you an idea of some of the most common playground accidents:
- Nails, metal, wood or other sharp objects sticking out of equipment or the ground
- Fencing around a play park that includes barbed wire
- Obstacles that cause a tripping hazard
- Badly maintained or defective equipment, eg. roundabouts, swings and zip wires
- Missing parts of ladders, steps or footholds on equipment that enables children to climb up high
- Soft flooring that is poorly maintained or damaged
- Hard or uneven flooring underneath or around the equipment
- Play equipment that has been damaged and is exposing sharp edges
- Loose seating or handles on equipment used for play
- Broken play equipment that should have been fixed
As a result of these playground accidents, common playground injuries include damage to the ankles, head, internal injuries, bones which are fractured or broken, dislocated bones and serious bruises.
Children’s playground injuries are not uncommon and there are many people who make children’s playground accident claims every year. Studies show that around 40,000 children are injured annually on playgrounds and this only includes those who have attended a hospital as a result of their injuries. 40% of these injuries are caused by equipment. Here is the breakdown of the type of equipment which causes these of injuries:
- Swings 40%
- Climbing equipment 23%
- Slides 21%
- Roundabouts 5%
- Seesaws 4%
- Fireman’s poles 1%
- Other equipment 6%
This doesn’t necessarily mean that swings are the most dangerous equipment at a children’s play park, it simply means that the incidence of swings is higher than the other kinds of equipment.
Parents or guardians can make playground accident claims on behalf of their child who was injured. You are also able to claim as an individual for any loss of earnings you have suffered whilst looking after your injured child. In addition, you could recover any medical fees that you paid out of pocket for as a result of the accident.
Ordinarily, you would be bound by the personal injury claims time limit of three years, but because a child is involved then the rules are slightly different. If you do not make a playground accident claim before your child’s 18th birthday, then they will have 3-years to claim themselves i.e. before they turn 21 years old. If you yourself have been injured at a children’s playground as a result of an accident that was not your fault then you are able to claim for your own injuries as well.
The most important thing to bear in mind when seeking compensation for a child’s injury is finding out who was to blame. Your claim for an accident in a children’s playground will be made against whoever is responsible for the maintenance of the playground.
The Litigation Friend process
There is a legal process that can help you claim on behalf of a child who has been injured in a playground accident. This is important because children cannot represent themselves in legal matters. Therefore, the Litigation Friend process would need to be followed. The idea is that you will work with lawyers, and courts where necessary, to represent your child’s interests in their playground accident claim.
A litigation friend must keep the child informed as much as possible about how the playground accident claim is progressing. Additionally, they must take advice from the solicitor representing the child and make informed decisions about the case in the child’s best interests.
If the claim is settled in the child’s favour, a compensation amount will be offered. To ensure the amount is fair, a court will review the evidence and the settlement amount. Once the compensation payment has been agreed, the court will place it into a trust fund. This will remain in place until the child’s 18th birthday. Until that time, a responsible adult can request a payment from the playground accident compensation but must explain to the court exactly how it will benefit the child.
Don’t be too concerned about this process though. If you wish to begin a playground accident claim on behalf of your child, we can help. If your case is taken on, our team will help with all of the forms required to become a litigation friend and try to make the process as easy as possible for you.
You can claim children’s playground injury compensation by making a playground accident claim if your child has suffered school playground injuries, as long as the school is found to have made an error or acted negligently or carelessly. Schools are responsible for providing a safe environment for pupils and staff. This duty of care extends to the playground. There are government regulations relating to playground safety guidelines in the UK that the school is required to comply with. EN1177 is the standard for playground surfaces and EN1176 is the standard that relates to equipment.
If your child was hurt on a school playground you can claim on their behalf for the injury that they suffered and for loss of income that you have experienced as a result of caring for your child.
A playground accident claim can also be made in regard to accidents occurring in indoor play spaces. As long as the person responsible for the maintenance of the play area has been negligent, careless or made an error, you have grounds to sue.
We will help you to show that the playground manager has failed to comply with the terms of child safety legislation that relates to children’s playgrounds. This can include The Management of Health and Safety at Work Regulations 1999, Health and Safety at Work Act 1974 and The Occupiers’ Liability Act 1957.
Assuming that a slip, trip or fall occurred due to somebody else’s negligence and was not your fault, you could claim children’s playground accident compensation.
If, for example, your child was not looking where they were going or they tripped over their lace then you would not be eligible to claim for a playground accident. However, if the surface they were running on was uneven or there was an obstacle that should not have been there, you could claim any damages. Equally, if they slipped because there had been a spillage of a slippery substance that should have been cleaned up, you could make a personal injury claim.
We understand that some of these rules are open to interpretation and it can be tricky to decide by yourself whether or not you can make a playground accident claim. You only need to call us and we can discuss the details of your situation and help you understand whether or not you are eligible to claim compensation. We have highly experienced personal injury solicitors that we can provide and that can be at your disposal.
If your child has been injured in a play park owned by the local council, you could make a public playground accident claim against their failings.
The local authority has a duty of care to ensure the health and safety of children’s playgrounds under their control. They should inspect and maintain the area properly. If the appropriate checks and maintenance have not been carried out and your child has been injured as a result then you can claim children’s playground accident compensation.
Please read on for more information about playground accident claims.
You may be able to claim special damages for loss of income if you have had time off work to care for your child as a result of their injuries that were sustained at a playground. Special damages could also cover costs related to the accident or subsequent injury, such as:
- Medication costs
- Care costs
- Travel costs
For more information on playground accident claims and what you could be entitled to, please get in touch with us at Accident Claims UK today. We offer free evaluations including payout estimates.
If your child has been harmed at a playground you will be able to make a playground accident claim as long as it was the result of somebody else’s negligence. You can claim against whoever is responsible for the maintenance of that playground. Common reasons for accidents to occur include failure to maintain and inspect the area, failure to install equipment properly, allowing children of the incorrect age group to use equipment, badly designed layout, badly designed equipment and failing to comply with playground safety standards.
If your child has been involved in a playground accident, whether it is a school playground accident, a private playground or a public playground then you should take them to see a doctor. Even if the injuries do not seem serious it is crucial in terms of your child’s health but also the medical report that you will need at a later date to establish how much children’s playground accident compensation you are owed.
You may wish to use a playground accident claims calculator to try and find out how much compensation you will be entitled to but there is no substitute to getting the professional advice of an expert. Here at Accident Claims we are waiting to take your call and advise you on the best course of action following your child’s injury.
It is always helpful to gather evidence as soon as possible after the incident in order to equip yourself for a later claim. You should seek medical advice as soon after the injury as possible so that a healthcare professional can make a record of the injuries that your child has sustained.
It is also helpful to make a note of exactly what happened whilst the details are fresh in your mind. If you have a camera or a phone on you then take photographs of the area of the playground that the accident occurred in. This will enable you to prove that there was perhaps a sharp object, an obstacle in the way or an uneven floor.
Try to get the contact details of the person responsible for maintenance of the play park and contact details of anybody who was witness to the accident. This can all serve as proof and help you build your case.
If you have suffered any out of pocket expenses including loss of earnings then proof of this will be required. Receipts and documents from your employer can be used.
For any more information about making a playground accident claim, simply call Accident Claims and we’ll help you through the process. At Accident Claims, we have many years of experience in dealing with these kind of claims. By contacting us, you will be able to access all of the advice and support that you need in bringing your claim. We offer a free initial consultation where a helpful member of our team will answer any questions you have. They will also ask you questions about what happened and will explain the process to you. This isn’t a test, we are just trying to establish exactly what happened so that we know the best way to move forward with your case.
We may also ask your permission to arrange for a solicitor to sort out a medical for your child. We do this simply to ensure that the solicitors have all the evidence about your child’s injuries to back up your case and claim the maximum possible compensation for you.
You may be able to make playground accident claims for the following types of compensation if your child was injured at a play park and it was not their fault:
- General damages that cover the pain and suffering you and your child have experienced.
- Loss of earnings if you have been unable to work due to caring for your child whilst they are recovering.
- Any out-of-pocket expenses incurred as a result of travel expenses necessary following the incident.
- Any medical expenses that you have been liable to pay as a result of your child’s injury at the play park.
You may be keen to find out how much compensation you will be entitled to following your children’s playground injury claim. Whilst we can offer estimates based on previous claims, we cannot offer an exact figure until we know the details of your specific circumstances. This chart shows typical compensation payouts for common injuries. If you cannot find the injury that applies to your child then give us a call and we will be able to advise you.
|Reason for compensation||Average compensation amount||Comments|
|Very severe ankle injuries||£46,980 to £65,420||Includes fracture of the ankle with extensive soft tissue damage. Could include deformity karma future risk of amputation or bilateral ankle fractures causing degeneration of the joints.|
|Severe ankle injuries||£29,380 to £46,980||Injuries needing an extensive period of treatment or period in plaster. Pins and plates may have been inserted and there is a continuation of ankle instability and a limited ability to walk.|
|Moderate ankle injuries||£12,900 to £24,950||To include fractures, tears of ligaments and other injuries causing less serious disabilities full stop future risk of osteoarthritis.|
|Modest ankle injuries||Up to £12,900||Including last serious fractures sprains and injury to the ligaments.|
|Severe chest injuries||£61,710 to £94,470||Traumatic injury causing long term chest/lung damage and changing life expectancy|
|Simple chest injuries||Up to £3,710||Rib fractures with no long term prognosis for harm|
|Serious thumb injuries||£3,710 to £6,360||Serious dislocation.|
|Minor head injury or brain injury||£2,070 to £11,980||Compensation will depend on the severity of the injury, time to recover, continuing symptoms and the presence or absence of headaches.|
You may be worried about proceeding with a playground accident claim due to the financial cost. Fortunately, we offer a no win no fee service. Under our no win, no fee agreement you will only be asked to pay a fee if you are successful in your claim. This fee will be taken out of your final payout amount and you will not be asked to pay a penny up front. You never need to worry about being presented with a huge bill that you are unable to pay and Accident Claims promise never to present you with any hidden charges.
With our no win, no fee policy, you can feel confident that we only accept cases which we genuinely believe can be won on your behalf.
There are many legal firms claiming to offer personal injury services and you may feel confused about which one to choose to make a playground accident claim with. However, we believe that you would struggle to find a personal injury lawyer who offers a better service than those provided by us. We are highly experienced in the area of playground injury claims and the legal professionals we provide only take on cases that they believe have a genuine chance of success.
We put our clients first and understand that bringing a compensation claim can be daunting. We support you every step of the way and are always available to answer your questions. We aim to get your cases wrapped up quickly and efficiently so that you can get on with your life. We aim to keep your stress to a minimum and do everything we can to get you the maximum compensation you deserve.
Playground Accident Claims FAQs
In this section, we’ll end our guide by looking at some frequently asked questions about playground accident claims.
How long do you have to put a claim in after an accident?
All personal injury claims have a time limit of 3 years. This limitation period outlines how long the claimant has to make legal proceedings. If they don’t do so within this period, they’ll lose their eligibility for compensation.
Are there any exceptions to this time limit?
Yes, for those who aren’t able to claim, the time limit is frozen. For example, if a claimant is mentally incapacitated, the time limit will resume once they regain the ability to claim.
Can I claim on behalf of my child?
Claimants that lack the mental capacity to make legal proceedings and those under the age of 18 are exceptions to this time limit. Either, they can appoint someone to make their claim on their behalf or they can wait to claim for themselves.
Why do accidents usually happen in the playground?
Playground accidents can happen for reasons ranging from poor maintenance to inadequate implementation of safety measures. Ultimately, if those responsible for the playground failed to uphold their duty of care, you could be able to claim for any subsequent injuries that you or your child sustained.
How is a No Win No Fee agreement useful?
By having a lawyer handle your claim on a No Win No Fee basis, you could save yourself the hassle of paying upfront or hidden fees usually involved in the claims process. What’s more, you’ll only have to pay your lawyer if they win your compensation for you.
Where can I find a No Win No Fee lawyer?
At Accident Claims, we can connect you to our panel of specialist solicitors that can handle your case on a No Win No Fee basis.
Why should I choose Accident Claims?
We offer a claims management service and work with a panel of personal injury lawyers that have more than 30 years of experience in the industry. We also provide free consultations and legal advice, with no obligation to continue.
How can I contact Accident Claims?
Please see the below section for contact details.
If you would like to proceed with making a playground accident claim then call us today on 0800 073 8801.
You can also contact us via our website or chat,to us live using our online chat.
Don’t forget, we offer a free no-obligation consultation to begin with and if you are happy to continue then we will allocate a specialist personal injury solicitor to you.
Find out if you can make a claim today and get free legal advice on child accident claims.
This website offers some interesting statistics and useful advice with regards to health and safety requirements for children’s playgrounds.
This document offers useful advice on the safety of UK children’s playgrounds.
For more information, please don’t hesitate to contact us today to see how our panel of personal injury lawyers can help.
Thank you for reading our playground accident claims guide.