Are playground accidents inevitable? Children collide into each other while running around. They get jostled around while waiting in line for their turn on the more popular playground equipment. They may bump into something or someone while engrossed in an engaging game of cops and robbers. All of these are natural accidents. Nobody is to blame for them and luckily, these types of accidents do not usually result in any serious injuries.
There are the other types of playground accidents however that cannot be shrugged off as natural or acceptable. Playground accidents that are caused due to faulty design, poor maintenance or improper installation of equipment are the result of somebody else’s inefficiency or negligence. If your child is injured in a public playground because of any of the above reasons, you may be entitled to file a claim for compensation on your child’s behalf.
Law Regarding Public Playground Accidents
According to UK law which may vary slightly depending on the region (read more here), playground owners and managers have a duty of care to provide a risk-free environment for all users. They are legally required to take the appropriate steps and conduct regular maintenance checks to ensure that everyone who uses the playground can do so safely, without any risk of injury. In the event that they fail to keep up to their obligations, they are liable to compensate for the resultant injuries. What this means is – you may have a right to claim compensation if your child is injured in a playground accident that was caused due to any of the following reasons:
- The playground design and/or layout is faulty and does not conform to legal Standards
- The equipment on the playground is not installed correctly
- The equipment is installed without the recommended precautionary measures
- The equipment is poorly maintained
- The premises are not inspected as regularly as they should be
- The playground equipment is not appropriate for the intended age group
What You Need To Do In Case Of A Public Playground Accident
If your child is injured in a public playground accident, there are a few things you need to do immediately.
The first is to check how badly your child is injured and get immediate medical attention for the injuries sustained.
The second is to get photographs of the scene of the incident showing how it was responsible for causing the injury. Also get photographs of your child’s injuries.
The next thing to do is to collect the names and contact details of other parents or adults in the playground who witnessed the incident.
After you have got your child’s injuries attended to, you should consider seeking legal advice about filing a claim for compensation.
At The Solicitor’s Office
Public playground accidents are handled by personal injury solicitors. When you contact a personal injury solicitor, you will usually get a free first consultation. At this consultation the solicitor will evaluate your case and let you know what are your chances of winning compensation for your child’s injuries.
If you have a strong case, the personal injury solicitor will agree to take up your case on a Conditional Fee Agreement. This agreement states that you are not liable to pay any legal fees to the solicitor at any stage of the litigation process. You will only have to pay a fee on condition that the solicitor has won the case for you and only after you have received the compensation. If the case is not successful, you do not have to pay any solicitor’s fees. Because of the way it works, it is also commonly called a No Win No Fee agreement which is explained here.
What Exactly Can You Claim Compensation For?
Injuries sustained in a public playground are treated as personal injuries. If your child sustains any injury in a public playground, you can claim compensation for medical expenses and doctor’s fees, transportation charges to commute to and from the hospital and loss of income if you have had to take leave to care for your child. If your child requires long-term treatment, special assistive equipment or a part-time carer, all of these expenses can also be taken into consideration in the claim.
No two public playground accident claims are the same. An experienced personal injury solicitor is the best person to advise you regarding the strengths and weaknesses of your case and what you can claim compensation for.
Please don’t hesitate to contact us by calling the phone number displayed on this site or contacting us using the form provided should you have any questions or queries regarding a potential claim.