If your child has been injured in an accident in a school playground due to the school’s negligence, then you may be eligible to claim compensation for your child’s suffering. This guide will explain how to claim for an accident in a school playground.
As we continue, we’ll show you what types of negligence might cause a school playground accident to occur. We’ll also review how you take action for injuries caused by a playground accident. Finally, we’ll provide a compensation calculator so that you can work out how much compensation might be paid.
If you do need to make a compensation claim against a school, our team of specialists is here to help. They will start by reviewing your case with you and give advice on your chances of being compensated. If the case appears strong enough, they could pass it to one of our specialist solicitors. Our team have worked on personal injury claims for many years and always provide a No Win No Fee service for cases they take on.
To learn more about how to claim compensation for a school playground accident on behalf of your child, please continue reading. If you have any questions along the way, please get in touch with our team on 0800 6524 881.
Table of contents
- Eligibility To Claim Compensation For An Accident In A School Playground
- Evidence To Support A Compensation Claim
- Negligence That Could Lead To A School Playground Accident
- How Much Compensation For An Accident In School Playground Could I Claim?
- How To Claim Compensation On Behalf Of Your Child
- Time Limits To Claiming
- How Our Solicitors Could Help You Claim For An Accident In A School Playground
Schools have a duty of care for the safety of all pupils. This means they should perform regular risk assessments and to remove as many dangers as possible. In the case of school playgrounds, they should take steps to ensure children can play as safely as possible. To be eligible to claim compensation for an accident in a school playground, you’ll need to show that:
- The school has breached its duty of care by being negligent; and
- An accident took place in the school playground because of that negligence; and
- As a result of the playground accident, your child was injured.
We will cover what forms of negligence could cause a school playground accident in the next section. Before we continue, though, we’ll explain what evidence you might be able to use to support your compensation claim.
Evidence you could use for a compensation claim for a school playground accident includes:
- Accident reports. Schools are obliged to have an accident policy and record any accidents in a report book or online. As a parent, you could ask for a copy of your child’s report. It might help to establish the location, date and time of the accident.
- Medical records. If you took your child to the hospital (or if they were taken by ambulance), medical records will exist detailing their injuries and their treatment. Again, you can request a copy of the medical record from a GP surgery, hospital, or minor injuries unit.
- Photos. It is a good idea to ask the school to see where in the playground the accident took place. Whilst there, you could take photographs especially if they can be used to show the root cause of the accident. For example, if a climbing frame bar is loose, a picture or video could help your case greatly.
- Witness details. Where the accident was witnessed by staff on the school playground, you could ask the primary school for their contact details. They may be asked by your personal injury solicitor to provide a witness statement later on.
- Financial impact. You could also claim for any financial expenses linked to your child’s injuries. Therefore, it’s a good idea to keep a diary of spending along with any receipts.
We can review your case and any evidence you’ve gathered for free. We’ll advise you whether anything else could help or whether you already have the grounds to make a school playground accident claim. If you do, we could pass your case to one of our No Win No Fee solicitors.
As mentioned earlier, if a school breaches their duty of care and your child is injured, you could claim compensation for a playground accident at school. So, what types of negligence could lead to a claim? Well, some examples include:
- If your child falls and hurts themselves at nursery or primary school because of poorly maintained playground equipment.
- Where a raised paving slab, pothole or exposed tree roots cause your child to fall and hurt themselves.
- If your child slips and hurts themselves on decking boards that are wet and have no anti-slip protection.
- Where your child’s injury is not treated quickly because of a lack of playground supervision.
The list of injuries that could be claimed for is quite long, but some examples include:
- Cuts, bruises and lacerations.
- Fractures and broken bones.
- Concussion and other child head injuries.
- Soft tissue injuries such as strains, sprains and even whiplash.
We could help you claim for an accident in a school playground that’s not listed here so don’t be put off if your child’s accident isn’t included. Call a member of our team, explain what happened and they’ll let you know your options.
Determining how much compensation can be claimed when a child is injured in the school’s playground can be fairly complex. When submitting your claim, your solicitor will use two heads of loss:
- General damages. This is compensation that aims to cover your child’s pain and suffering. This can include psychological injuries as well as any physical harm.
- Special damages. In this part of the claim, you’ll look to recover any costs or expenses you’ve incurred. For example, you might need to claim for non-NHS physiotherapy or travel expenses.
As part of making a compensation claim for a child, a medical assessment may be needed. This is nothing to worry about and it can be arranged locally so you don’t need to travel too far. In the meeting, an independent expert will assess your child’s injuries, discuss their impact with you, and review any medical records available. They will then document their findings and supply a prognosis in a medical report.
To give you some idea of what a claim for a child’s injuries might be settled at, please feel free to use our compensation calculator below. It lists various different injuries and provides an estimated compensation range. These figures are based on Judicial College Guidelines.
Please call if you cannot see your child’s injury listed or if you have any questions. Your case will be reviewed for free and your claims advisor will explain the process.
In law, children can’t take legal action for a personal injury themselves. That won’t prevent a compensation claim from being made though. For an adult to represent a child, the Litigation Friend process is used. This means that you’ll (or another responsible adult) make decisions on behalf of your child when speaking to courts and lawyers.
We can help set this process up for you. Once everything is in place, the claim will proceed much the same as any other. One major difference is that a court will check any settlement offer to ensure it is fair. Also, if compensation is paid for the accident in the school playground, it will be held by the court until the child is 18 years old. Their litigation friend is however able to request funds before then if they write to the court and explain why they are needed.
Unlike other claims, the normal 3-year time limit does not apply in claims involving children until they reach 18 years of age. Therefore, you could claim for an accident in a school playground at any time before your child turns 18. If you don’t make a claim, when your child becomes an adult, they’ll need to start a claim before their 21st birthday.
If your case is accepted by one of our solicitors, they’ll do everything they can to make the claims process as easy as possible. You won’t need to deal with the school or their insurers, and you won’t have to answer any complex legal questions. You will be kept in the loop throughout the claims process and be given regular updates about how it is progressing.
To find out if we could help you claim, call our team of specialist advisors on 0800 6524 881 today. Remember, all claims that we accept are handled on a No Win No Fee basis to reduce your financial risk.
Thank you for visiting today and reading our guide to claiming compensation for an accident in a school playground.