By Aaron Lee. Last Updated 25th February 2021. Welcome to our public park accident claims guide. Within this guide, we are going to take a look at public park accident claims and provide free legal advice.
Within this free, comprehensive online guide to claiming for an accident in a public park, we look at the legal and financial considerations when making a personal injury claim. We will look at who may be liable in such an accident and why you yourself could be eligible to make a claim on behalf of your child.
You will need to be within the personal injury claims time limit in order to be able to make a claim, and our claims team can let you know which will be applicable in your own case. They can provide you with this information and answer any questions you might have if you give them a call on 0800 073 8801.
Select A Section:
- A Guide To Claims For An Accident In A Public Park
- What Is An Accident In A Public Park?
- What Do We Mean By A Public Space?
- Who Owes You A Duty Of Care If Using A Park?
- Fall, Trip And Slip Accidents In A Public Park
- Playground Accident And Injury Claims
- Am I Eligible To Claim For An Accident In A Public Park?
- Proving Liability For Your Accident And Injuries
- Accident In A Public Park Compensation Claim Calculator
- Special Damages In Public Park Injury Claims
- No Win No Fee Claims For Accidents In A Public Park
- How We Could Help You Make A Public Accident Claim
- Start Your Claim For An Accident In A Public Park
- Essential References
A Guide To Claims For An Accident In A Public Park
The free online guide to claiming if you or your child have been injured in a public park, will look at many of the reasons people need to make personal injury claims. It will attempt to give you the kind of information you need, so you can learn everything you need to know, in preparation for engaging a personal injury solicitor to process your claim for you. We start this guide by taking a look at what an accident in a public park is.
Next, we move on to discuss several of the legal considerations of such a claim. We firstly define exactly what a public space is. We also go over who is responsible for ensuring your safety in such places. We cover common kinds of claims, and this includes the most common of all kinds of claim, a slip, trip or fall accident. We discuss the concept of eligibility, so that you can come to understand whether you may have a valid claim or not. We also cover the other side of this equation, proving that a third party is liable to pay you compensation for your injuries.
The last part of this guide moves away from the legal aspects of the claim, to look at the financial ones. We have added a table, and in this table, you will see that we have provided a list of different injuries and the compensation range that they might attract. We have also added a list of the frequently seen kinds of damages that a claimant will often receive as part of their settlement if their claim is a success. Lastly, we look at the idea behind a No Win No Fee agreement, and how using a solicitor that is willing to handle your claim under such an agreement, will go a long way to remove the financial risks of making a claim. If you have questions about your own claim, the claims process in general, or any of the information presented in the online guide, then you can call our claims team at the number down near the bottom of this page. They will help you, and get you the answers that you need.
What Is An Accident In A Public Park?
According to the Royal Society for the Prevention of Accidents (RoSPA), the cost of treating children who have been injured in accidents, is over £275 million each year. Not all of these accidents happen in a public park, of course, but some will undoubtedly happen in such a place. There are many hazards that can result in a child suffering a public park injury in a public park accident. For example:
- The park may have been initially designed poorly, not leaving enough space between play equipment, causing blind spots so children cannot be monitored, etc.
- During construction and installation of the play equipment safety and building standards were not met.
- The children who were likely to play in the park were not considered, and inappropriate play equipment was installed.
- When the play equipment was installed, it was installed incorrectly, making it unsafe.
- The park and the play equipment have not been inspected regularly for safety, and have not been properly maintained.
These are all potential hazards that can lead to a playground accident. If you suspect one of these hazards, or any other, has caused an injury to your child, then we may well be able to assist you in making a claim as the child’s litigation friend.
What Do We Mean By A Public Space?
Before you can be sure that you have a valid claim, and engage a personal injury lawyer to process the public accident claim for you, you need to be sure that the place the accident took place was indeed a public park.
Public spaces are any space that has been made available for the public to use. These can be shared facilities such as public roads, public libraries, public parks, etc. And they can be privately owned spaces that the public is allowed to access. A good example of this is a shopping mall. In this online guide, we will generally be talking about the first kind of public space. The local authority usually administers these.
Who Owes You A Duty Of Care If Using A Park?
If your child has an accident at the park or is injured in a playground accident, you need to know who is responsible for ensuring it is safe to use. Under UK law, the playground owner is responsible for maintaining a duty of care towards all users of the facility. This duty of care revolves around ensuring that people using the playground are kept free from harm at all times. In the case of a public park, this would be the local authority. However, if your child is injured in a playground on a business premises, in a pub garden for example, it would be the business itself that has a duty of care towards the child.
Fall, Trip And Slip Accidents In A Public Park
A slip, trip or fall accident is a very common kind of incident that children are injured in. In fact, apart from traffic accidents, these are the most common kind of accidents that injure adults in the UK as well. A public playground presents some distinct hazards that could result in a slip, trip or fall. For example:
- Damaged playground equipment, such as broken ropes or chains, causing a trip.
- Damaged protective rubber mats that have become unfastened, causing a trip.
- Ice or snow in the park, causing a slip.
- Uneven pavements, potholes, damaged paving slabs, etc. causing a trip.
Playground Accident And Public Park Accident Claims
Not all public park accidents are the responsibility of the local council. Children are injured in a playground due to their own actions more often than not. When a parent takes their child to a playground, they are deemed to have accepted the assumption of risk. This means that the parent knows that a playground can be a source of accidents to a child. For no other reasons that the child takes a misstep, slips whilst climbing, etc. And in these cases, no claim would be viable, as the child was responsible for their own accident.
Am I Eligible To Claim For An Accident In A Public Park?
In this section, we look at the questions, can I sue the council for negligence? And how to claim against the local council? The first thing we need to discuss is that it won’t be you, the parent who is making the claim. You will be managing the claim on behalf of your child, as their litigation friend. This means you will be making decisions about the claim, and generally acting on behalf of the injured party. However, once the claim is won, the compensation will be put into a trust account and not given to the child until their 18th birthday.
When it comes to eligibility to claim, then as long as a third party is even partially to blame for the harm your child suffered, and this can be proven, then you could have a valid claim. In some cases, the child might have contributed to the accident themselves. When this happens, the defendant will negotiate a reduced level of liability, and this is expressed as a percentage. Any compensation awarded will take this into consideration. If you need to find out whether your child has a valid claim or not, then please speak to one of our claim advisors. They will evaluate your claim for you, and let you know if it is valid or not.
Proving Liability For Your Accident And Injuries
If you or your child has an accident in a public place, such as being injured at the park, then you will have to prove that the cause was a negligent local authority. The onus is on the claimant, or in this case you, the claimant’s litigation friend, to prove that the local council was to blame. This means providing evidence to support your claim. For example:
- Take plenty of photographs of the play equipment that caused the accident. For example, if the equipment was broken, photograph the damage that caused the accident.
- If anybody saw the accident happen, make sure that you get their contact details. This is so that they can be called upon as witnesses if needed at a later stage of the claim.
- Take your child to the hospital to have their injuries treated. Do this even if they do not appear to be bad enough to warrant it. This is so that there is an official record made of how the injuries were caused, and how bad they were.
- If you have to pay for anything to deal with your child’s injuries, keep the invoices, receipts, etc. For example, if you have to take them in a taxi to the hospital, ask for a taxi driver’s receipt and keep it. You will need documented proof of financial losses in order to claim for them.
Accident In A Public Park Compensation Claim Calculator
You may be able to find a reliable online personal injury claims calculator that can give you a rough estimate of the amount of compensation your child might receive for their injuries. You can also try using the table below. This table was created based on the UK legal system’s actual judicial guidelines to value claims. You can look up the injury type your child sustained, and you will see the potential compensation range they might receive.
|Injured hand||Minor to moderate||Up to £12,460||All lacerations, cuts, burns, etc. As well as less serious soft tissue injuries such as sprains and strains. Minor fractures and any other hand injury that will heal fully within 6 months.|
|Moderate to serious||£12,460 to £79,360||Deep lacerations and penetrating wounds, serious burns and other flesh injuries. All fractures (complex, simple, compound) and soft tissue injuries. Any prior condition made worse by an injury. At the top end of the scale, any injury that causes some form of disability that falls short of actual amputation.|
|Amputation||£102,890 to £189,110||Either loss of one or both hands.|
|Injured wrist||Minor to severe||Up to £56,180||From lacerations, burns, etc. through soft tissue injuries (sprains and strains), dislocations and all kinds of fractures, to paralysis of the wrist.|
|Injured finger||Minor to severe||Up to £85,170||From lacerations, burns, etc. through soft tissue injuries (sprains and strains), dislocations and all kinds of fractures, to loss of one finger to multiple fingers including the index and forefinger.|
|Injured thumb||Minor to severe||Up to £51,460||From lacerations, burns, etc. through soft tissue injuries (sprains and strains), dislocations and all kinds of fractures, to loss of one or both thumbs.|
|Injured toe||Moderate to severe||Up to £52,620||From lacerations, burns, etc. through soft tissue injuries (sprains and strains), dislocations and all kinds of fractures, to one or more toes.|
|Injured ankle||Minor to very severe||Up to £65,420||From lacerations, burns, etc. through soft tissue injuries (sprains and strains), dislocations and all kinds of fractures, to paralysis of the ankle.|
|Injured foot||Minor to moderate||Up to £23,460||All lacerations, cuts, burns, etc. As well as less serious soft tissue injuries such as sprains and strains. Minor fractures and any other foot injury that will heal fully within 6 months.|
|Moderate to very severe||£23,460 to £102,890||Deep lacerations and penetrating wounds, serious burns and other flesh injuries. All fractures (complex, simple, compound) and soft tissue injuries. Any prior condition made worse by an injury. At the top end of the scale, any injury that causes some form of disability that falls short of actual amputation.|
|Amputation||£78,800 to £189,110||Amputation would range in severity from loss of a single foot, to loss of both feet.|
In order to have your child’s claim evaluated accurately, you will need a solicitor to value it for you. This will mean your child has to go for a medical examination, and the solicitor will use the results of this medical examination to work out how much compensation you could possibly claim on behalf of your child. If you would like to get the ball rolling on this, then please speak to one of our claim advisors today.
Special Damages In Public Park Injury Claims
When you act as the litigation friend for your child, to make a local authority negligence claim for the harm your child suffered in a public park accident, if the claim is successful, the settlement will comprise possibly several different types of damages. These could include:
- General damages (to compensate your child for psychological and physical harm):
- Pain and suffering at the time the accident took place, and whilst your child receives emergency medical treatment.
- Shock and trauma due to your child suffering a painful injury and a traumatic experience.
- Painful recovery, if your child will need to undergo painful, traumatic treatment until they are healed.
- Psychological damages such as new phobias, anxiety, depression, etc.
- Permanent disability if your child will never make a full recovery from their injuries.
- Loss of life quality if your child can expect to have their life negatively impacted permanently due to the accident.
- Special damages (to compensate you and your child for financial and other losses):
- Travels costs if you had to pay out of pocket expenses to take your child for treatment or to deal with any aspect of the claim itself.
- The cost of nursing care if you had to hire a nurse to help you take care of your child at home.
- Private medical fees if your child needed treatment that they could not have on the NHS.
- Loss of income if you had to take time away from work to care for your child, and you lost out on wages/salary.
- Lowered future earning potential if your child will be disabled in some way, and their prospects for working in the future will be lower than before the accident.
No Win No Fee Claims For Accidents In A Public Park
You may be able to use the services of a No Win No Fee solicitor to help you to make a claim on behalf of your child. This will go a long way to removing the financial risks attached to making a claim, as you don’t pay until the claim has been a success.
The solicitor won’t expect to be paid anything when they take your claim on, or during the time they spend processing the claim, even if this takes a long time, possibly months. If the solicitor can’t get you any compensation, then you still don’t pay a thing. When the claim is a success, the solicitor will automatically collect their pre-agreed fee from the compensation payment they received for you.
How We Could Help You Make A Public Accident Claim
We can provide you with help with the entire end-to-end public park accident claims process. Follow these three stages below to get the help you need:
- Call our public park accident claims team on the number below, and explain your situation.
- A claim advisor will evaluate your claim and also answer any questions you have.
- A solicitor will begin to process your claim, and attempt to get your child any compensation they are entitled to.
Start Your Claim For An Accident In A Public Park
Has your child been injured in a public playground accident? Do you think that the local council was to blame in some way? Are you ready to act as the litigation friend to make a claim on behalf of your child? If so, call 0800 073 8801 today to contact our public park accident claims team, they can help you.
These external links could be of use:
These other guides may also be of value:
Public park accident claims FAQ
Can you sue a public park?
If you happen to be injured in a public park, you may question whether you could make a claim against the negligent park. In most cases, a park’s responsibility can often fall onto the shoulders of three parties, which includes the city council, private landowners, and business owners. Regardless of which party is responsible, our team of personal injury lawyers could offer to handle your case and ensure your claim is made against the recent party.
Do I need to provide evidence?
In order to make a claim, you will be required to provide evidence to support your case. Thankfully, there are various forms of evidence you can provide, such as:
- Photographic evidence.
- Witness statements.
- Medical report.
Can I make a claim on behalf of a child?
If a child under the age of 18 happens to be injured in a public park, you may question whether you could make a claim and seek compensation. In cases of this nature, the court could appoint a litigation friend to handle the case. You can click here to read more information about litigation friends and their duties.
Once again, thank you for taking the time to read our guide on public park accident claims.