By Jo Anderson. Last Updated 20th October 2023. If your child has been harmed in an accident at a playground, it’s natural to want to know if they’re entitled to compensation for their pain and suffering. In this guide, we take a comprehensive look at playground accident claims.
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 sustained. And 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 boast a team of expert child injury lawyers and they can help you take legal action today.
Please call us on 0800 073 8801 to find out more about what we can do to help you.
A guide to playground accident claims
Select A Section
- Eligibility For Child Personal Injury Claims
- Important Information About Playgrounds And Accidents
- Do I Need Evidence To Claim For An Accident In A Playground?
- What Can Compensation Payouts Include In A Playground Accident Claim?
- How Much Compensation For An Accident At A Playground?
- Can I Claim Under A No Win No Fee Agreement?
- How Accident Claims UK Can Help You Make A Playground Accident Claim
- Contact Our Team Today About Playground Accident Claims
- Helpful Resources Relating To Playground Accident Claims
Eligibility For Child Personal Injury Claims
If your child is injured in an accident at a playground, you may be able to make a personal injury claim on their behalf. However, the following eligibility criteria must be met:
- Your child must have been owed a duty of care by the occupier of the park.
- That duty of care must have been breached
- The breach must have led to your child’s injuries.
Under the Occupiers’ Liability Act 1957, all operators of public premises are responsible for ensuring the reasonable safety of those using that space for its intended purposes. Anyone in control of a public space is referred to as an occupier. Should they breach this duty of care, and your child suffers an injury as a result, you may be able to make a claim on their behalf.
Continue reading this guide for more information on the time limits that apply to playground accident claims. Alternatively, you can contact our advisors to discuss your case. They may also be able to connect you with a child injury lawyer if you are making a claim on your child’s behalf.
How Long Do I Have To Make A Playground Accident Claim?
Ordinarily, you would be bound by the personal injury claims time limit of three years, but because a child is involved 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.
What Is A Litigation Friend?
There is a legal function that can help you claim on behalf of your child. This is important because children cannot represent themselves in legal matters.
In a claim, you can seek appointment as a litigation friend. 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.
Important Information About Playgrounds And Accidents
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.
Do I Need Evidence To Claim For An Accident In A Playground?
If you are eligible to make a playground injury claim, either for your own injuries or on behalf of your child, you will need to gather evidence to support your case. Some examples of evidence that could help your claim, include:
- CCTV footage – if there is footage of the accident, you could request this.
- Photographs – Photographs of the scene of the accident or of your injuries could be useful.
- Witness details – if anyone saw what happened, you could gather their contact details. Your solicitor could approach them for a statement at a later date.
- Medical records – if there is a record of the injury and treatment, this could be helpful.
- Financial documents – payslips, bank statements and receipts could be useful in proving costs resulting from the injury.
If you would like help gathering evidence for a playground accident compensation claim, please contact an advisor. They could check whether one of our solicitors could assist with your case.
What Can Compensation Payouts Include In A Playground Accident Claim?
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.
How Much Compensation For An Accident At A Playground?
When making playground accident claims, the amount that’s awarded for the injured party’s pain and suffering caused by their injuries is called general damages. This is often calculated by solicitors using several resources, such as medical reports. These can detail the full extent and nature of your injuries.
Additionally, a document called the Judicial College Guidelines (JCG) may be referred to. We’ve included some figures from the JCG in the table below.
This publication is one of the resources used by legal professionals when they are working out how much a general damages payment could be worth. The amounts should only be used as a rough guide. In order to have your claim assessed individually, get in touch with us today. We can help you more accurately assess how much a playground injury could be worth.
| Reason for compensation | Average compensation amount | Comments |
|---|---|---|
| Severe chest injuries (b) | £65,740 to £100,670 | Traumatic injury causing long term chest/lung damage and changing life expectancy |
| Simple chest injuries (g) | Up to £3,950 | Rib fractures with no long term prognosis for harm |
| Very severe ankle injuries (a) | £50,060 to £69,700 | 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 (b) | £31,310 to £50,060 | 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 (c) | £13,740 to £26,590 | To include fractures, tears of ligaments and other injuries causing less serious disabilities full stop future risk of osteoarthritis. |
| Modest ankle injuries (d) | Up to £13,740 | Including last serious fractures sprains and injury to the ligaments. |
| Loss of thumb (r) | £35,520 to £54,830 | Loss of one of the thumbs. |
| Minor head injury or brain injury (e) | £2,210 to £12,770 | Compensation will depend on the severity of the injury, time to recover, continuing symptoms and the presence or absence of headaches. |
Can I Claim Under A No Win No Fee Agreement?
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.
How Accident Claims UK Can Help You Make A Playground Accident Claim
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.
Contact Our Team Today About Playground Accident Claims
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.
Make a claim for an accident at a playground today
Helpful Resources Relating To Playground Accident Claims
- Child Accident Compensation Claims – Find out if you can make a claim today and get free legal advice on child accident claims.
- Playground ROSPA Information – This website offers some interesting statistics and useful advice with regards to health and safety requirements for children’s playgrounds.
- UK Playground HSE Advice – This document offers useful advice on the safety of UK children’s playgrounds.
Thank you for reading our playground accident claims guide.