By Jo Caine. Last Updated 13th July 2023. If you or your child have been injured in an accident in a playground, you might be able to make a personal injury claim. However, you must be able to prove that the injuries suffered were directly caused by a relevant third party breaching their duty of care.
Within this guide, we will discuss who owes you a duty of care while you are using a playground and the specific eligibility criteria that must be met to be eligible to make a personal injury claim. Furthermore, we will share examples of the types of accidents that could occur at a playground and the heads of loss you could be awarded for a successful claim. This guide will also discuss some of the benefits of making a personal injury claim with a No Win No Fee solicitor.
To discuss your playground accident claim and receive free advice on how to make a claim on behalf of your child, you can contact our friendly team of advisors. They are available 24 hours a day, 7 days a week.
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Playground accident claim guide
Select A Section
- Children’s Playground Accident Compensation Payouts
- Types Of Damages Awarded To Children
- What Is A Playground Accident?
- What Duty Of Care Does A Playground Owner Owe Users?
- Types Of Accidents Which Could Happen In Playgrounds
- Slips, Trips And Falls In A Playground
- Playground Accidents Caused By Damaged And Broken Facilities
- Accidents In An Indoor Playground Or Play Area
- Protecting Children’s Compensation Settlements
- Make A No Win No Fee Playground Accident Claim
- Related Claims Guides
Children’s Playground Accident Compensation Payouts
You can use the table below to estimate how much compensation your child could receive for their injuries. However, please be aware that compensation payouts vary depending on the individual circumstances of an injury. For an accurate compensation payout estimate, please call Advice.co.uk to speak to a claims advisor.
| Severity | Injury Type | About The Injury | Estimated Damages |
|---|---|---|---|
| Serious | Hand Injury | The hand could have been reduced in function by 50%. It could include cases where severe fingers were lost (amputated) but later rejoined, or where part of the hand and some fingers were amputated. | £29,000 to £61,910 |
| Moderate | Hand Injury | This could include harm caused by crush injuries, soft tissue injuries, cuts and deep lacerations. | £5,720 to £13,280 |
| Very serious | Thumb Injury | The thumb will have been severed (lost) and then reattached at the base. However, it will be useless and could be deformed. The thumb could also have been amputated at the interphalangeal joint. | £19,600 to £35,010 |
| Moderate | Thumb Injury | Injuries to the thumb such as those which necessitate arthrodesis of the interphalangeal joint or which cause injury to nerves and tendons. The injury could cause impaired sensation, loss of function and cosmetic deformity. | £9,670 to £12,590 |
| Moderate | Foot Injury | This might include a displaced fracture of the metatarsal bone(s) which cause permanent deformities as well as continuing symptoms. | £13,740 to £24,990 |
| Moderate to minor | Elbow Injury | This includes general injuries to the elbow joint. Most cases of elbow injuries will fall into this bracket. | Up to £12,590 |
| Moderate (ii) | Back Injury | This is one of the widest categories of back injury. Many different forms of injury across the back as a whole fall into this category, | £12,510 to £27,760 |
| Moderate | Toe Injury | This includes breaks and fractures of the toe. It could also include injuries which exacerbate a pre-existing condition. | Up to £9,600 |
| Minor | Head or Brain Injury | Any brain damage which has been suffered by the injured party will be minimal. | £2,210 to £12,770 |
The compensation amounts included in the table above are based on guidelines from the Judicial College (JCG). The JCG is a publication a solicitor and legal professionals can use to help calculate figures to reflect the suffering injuries have caused. Compensation that is awarded in successful claims can be split into two parts. General and special damages. An example of general damages can be found above. The table does not include any special damages you may be eligible to claim.
Types Of Damages Awarded To Children
Compensation payouts include general damages and special damages. Let’s look at what these heads of claim are in more detail below.
What Are General Damages?
General damages are to cover pain and suffering. Their purpose is to compensate a child for the pain and suffering caused by their injuries.
What Are Special Damages?
Children also receive special damages if their personal injury claim is successful. This is to reimburse any financial losses that have been experienced through the child’s injuries. The payout will also cover the cost of any future expenses the child may need. For example, special damages will include compensation to pay for any medical treatment the child may need in the future.
Special damages can include funds to cover the cost of the following:
- Medical expenses
- Care expenses
- Travel expenses
- Loss of income expenses (parent or guardian)
- Home adaptation costs
- Mobility equipment costs.
What Is A Playground Accident?
A playground accident is a mishap in a playground, which results in a child becoming injured. Accidents in a playground can happen in a public play area managed by your local council. Similarly, children can suffer playground injuries in a privately run playpark or soft play area.
You might be eligible to make a playground injury claim if your child was injured in a playground accident. The criteria for making a claim is as follows:
- Firstly the claimant needs to have been owed a duty of care in which was breached through negligence.
- Secondly, your child must have sustained an injury in a play area due to an accident.
- And finally, a litigation friend will need to act on behalf of the child as they cannot make their own claim while they are under 18. If no claim is made and the child turns 18 they can make their own claim up until they turn 21.
We could offer you free legal advice if your child was injured in an accident in a play park. Contact us today to find out more.
What Duty Of Care Does A Playground Owner Owe Users?
Those responsible for a playground owe users a duty of care. This means that the local council or private company that operates a playground is responsible for making sure that it is a safe environment for children to play in.
Under the Occupiers’ Liability 1957 the person in control of a space – this can be someone who would be expected to be able to spot hazards and rectify them would owe those using their premises for the intended purpose a duty of care. Therefore the controller could be held liable for the person’s injuries if the playground fell into disrepair and this was the cause of the suffering. If the injured party or those representing them could prove that poor maintenance had caused this subsequent injury they could be eligible to make a claim.
The following legislation protects the health and safety of consumers, employees and the general public:
Occupier’s Liability Act 1957
The Occupier’s Liability Act 1957 (revised 1984) states that businesses and organisations owe individuals that use their premises a duty of care. Within this legislation, the occupier is not really defined. However, it is someone who would have control of an area. They would be liable for those who use the space for the intended purposes.
Consumer Protection Act 1987
The Consumer Protection Act 1987 states that manufacturers are responsible for producing safe products. Under the Consumer Protection Act 1987, a manufacturer can be held liable if a faulty product injures a member of the public.
Health and Safety at Work etc. Act 1974
The Health and Safety at Work etc. Act 1974 states that employers owe their employees a duty of care. This legislation is applied to all workplaces and is intended to keep employees safe as much as is reasonably practical.
Management of Health and Safety at Work Regulations 1999
The Management of Health and Safety at Work Regulations 1999 requires employers to carry out regular risk assessments. They must also provide employees with the necessary training, and Personal Protective Equipment (PPE) needed to carry out their jobs safely.
Types Of Accidents Which Can Happen In Playgrounds
Let’s look how some common playground accidents and how they can happen.
Causes of playground injuries include the following:
- Playground equipment is poorly designed or made.
- The playground equipment is broken or faulty.
- Poor installation of playground equipment.
- Nails sticking out of a climbing frame.
- The playground equipment is not suitable for the age group of the children who use it.
- Management or a local council has failed to inspect the playground regularly to check for faults or defects in the equipment.
Playground accidents can also happen due to user misuse. For example, parents not supervising young children in a playground. Or playground equipment being used for purposes other than what it was originally designed for. It is unlikely that you will be able to claim compensation for a playground accident that was caused by the equipment being used improperly.
If you are unsure whether the accident that your child sustained and the resulting injuries mean that a compensation case is a possibility call our team today. Through an informal chat, the case can be assessed for free.
Slips, Trips And Falls In A Playground
How can a slip and fall or trip and fall happen in a playground? Firstly, slipping accidents can happen during adverse weather conditions. For example, if there is ice on the ground. Similarly, slipping accidents can take place during wet weather if unsuitable flooring has been laid. This is why many playgrounds have textured, slip-resistant flooring.
Secondly, children can trip up in playgrounds because of hazardous flooring. For example, a floor tile could come loose, bent or cracked, tripping a child. Or a walkway can become warped due to a tree root sticking out or deep potholes. Councils or playground controllers must be vigilant to identify and repair hazards that could cause slipping or tripping accidents in a play area.
Playground Accidents Caused By Damaged Or Broken Facilities
Unfortunately, children can also be injured if playground facilitates are damaged, broken or faulty. The following common playground injuries can take place.
- A child can fall backwards, suffering head injuries or spinal injuries if a seat or swing is faulty.
- Children can slice their hands, arms or legs if a piece of play equipment has sharp edges.
- A child can fall from a height if a piece of a climbing frame becomes loose.
- Falls can also happen if a safety handle or rail becomes loose. As a result, a child could suffer a concussion, ankle injury or leg injury.
- A child can be injured if there is a fault on a piece of playground equipment with moving parts such as a roundabout. This can cause a hand or limb crushing injury.
Not all accidents will mean that a compensation claim is possible. All hazards are not generally foreseeable. Moreover, playground equipment can be damaged and vandalised by others. Having routine inspections is key. This way risks and unsafe equipment can be spotted before accidents can occur.
Incidents In An Indoor Playground Or Play Area
Many families choose to take their children to indoor playgrounds, also known as soft play areas. These are playgrounds that children can enjoy all year round because they are indoors. They often have padded floors or equipment, hence the term “soft play”. Consequently, the soft surfaces can help to protect children from injury if they fall.
However, accidents in a soft play area can still happen if proper health and safety standards are not upheld. Constant monitoring and risk assessments are important so that hazards can be spotted early enough and defective equipment can be repaired or replaced. Accidents causing injury can easily happen when health and safety procedures are poorly implemented.
Protecting Children’s Compensation Settlements
Children’s personal injury claim settlements have to go through an infant approval hearing. This is a hearing at a local civil court to make sure that the child receives the correct amount of compensation.
What happens when a child is awarded compensation for an injury in a playground? The child’s general damages compensation payout is held in trust for them until they turn 18. Afterwhich the child will receive their funds. Before then, the child’s parent or guardian can request money from that trust to make purchases for the child’s benefit. For example, a parent can request money to buy their child a laptop computer for school.
Claiming compensation for your child can add a further layer of complication to the process. For free legal advice about making a playground injury claim for your child, please contact us. We will be happy to advise you on how to make a personal injury claim. And what’s more, if our advisors can see the case has merits they can offer to appoint a personal injury solicitor from our panel.
Make A No Win No Fee Playground Accident Claim
You may have heard the term No Win No Fee before, but what does this mean? No Win No Fee is a way of funding your solicitor’s legal fees. You will sign a Conditional Fee Agreement (CFA), whereby no upfront fee is charged. Instead, you will pay a success fee, which is deducted from your compensation payout if you win your claim.
Why do some people prefer to make claims with a No Win No Fee solicitor? Firstly, the financial risk involved is lower because you will only pay a success fee if the case is won. Secondly, as there is no upfront fee to pay your solicitor to start working on your case. Instead, your fee will be deducted from your compensation package at a legally capped rate. This means that the majority of compensation goes to you.
Contact us today to learn more about No Win No Fee agreements. Or read our online guide for more free legal advice. We can help you start a claim for compensation for a playground accident. To begin your claim, contact us today using the details below:
- Please call us on 0161 696 9685
- Or fill out our online claims form
- Alternatively, use the Live Support widget on your screen to chat with an advisor.
Related Claims Guides
We hope this guide to claiming compensation for a playground accident has been helpful. For advice, please feel free to look at these related guides.
Advice On Claiming For A Head Injury In A Child
A Guide On How To Make A Child Accident Compensation Claim
Slip And Fall Compensation Claims Guide
External Information
A head injury and concussion guide from the NHS
An NHS guide to sprains and strains