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Can You Make a Playground Accident Claim?
You may be able to claim if an injury was caused by a failure to properly maintain the area, inspect equipment or address a known safety risk.
Those responsible for public play areas have a duty to take reasonable steps to keep them safe. This can include maintaining equipment, checking for defects, keeping surfaces in suitable condition and dealing with hazards promptly.
A claim may be possible where an accident resulted from defective equipment, inadequate maintenance, unsafe surfaces or another preventable hazard.
Common Types of Accidents
Injuries can occur in various ways, including:
- Falls from climbing frames or play equipment
- Injuries caused by broken or defective equipment
- Slips and trips on unsafe surfaces
- Falls caused by damaged flooring
- Injuries from poorly maintained swings or slides
- Accidents caused by inadequate safety measures
- Injuries caused by dangerous objects or hazards
The circumstances of each accident will need to be considered to determine who was responsible.
Who May Be Responsible?
Liability can depend on who owns, manages or maintains the area. This could include a local authority, private landowner, school, leisure facility, housing association or another organisation.
In some cases, maintenance contractors or equipment manufacturers may also have responsibility, particularly where defective equipment or poor maintenance contributed to the injury.
What Evidence Is Needed?
Evidence can help establish how the accident happened and whether negligence was involved.
Photographs of the equipment or hazard, witness details, accident reports and medical records may all be useful. If the incident was reported to the organisation responsible for the area, keep copies of any correspondence or documentation.
Medical evidence can also establish the severity of the injury and the treatment required.
What Compensation Can You Claim?
The amount of compensation depends on the severity of the injury and its impact on the child and family.
Compensation may cover pain, suffering and loss of amenity, as well as financial losses and expenses resulting from the accident.
These could include:
- Medical and treatment costs
- Travel expenses
- Care and assistance
- Additional support or equipment
- Other reasonable expenses caused by the injury
The value of a claim will depend on the individual circumstances and available medical evidence.
No Win No Fee Claims
Depending on the circumstances and eligibility, your claim will very likely be handled under a No Win, No Fee agreement.
This means you will not usually have to pay legal fees upfront. If the claim is unsuccessful, you will not normally be required to pay legal fees, unless the circumstances are exceptional.
We will explain the funding arrangement before you proceed.
How the Claims Process Works
We will first assess the circumstances of the accident and consider whether there is a potential claim.
Evidence can then be gathered to establish what happened and who was responsible. Medical evidence may be obtained to assess the injury and its likely impact.
Once the evidence has been reviewed, we can calculate the losses involved and negotiate with the responsible party or their insurer to seek appropriate compensation.
What Should You Do After an Accident?
If an injury occurs, report the incident to whoever is responsible for the area and ensure it is recorded.
Where possible, take photographs of the equipment, surface or hazard that caused the accident and obtain the details of anyone who witnessed what happened.
Make sure the injured child receives appropriate medical attention and keep records of treatment and related expenses.
It is also important to seek legal advice as soon as possible because personal injury claims are subject to time limits.
Time Limits for Making a Claim
Most personal injury claims must generally be started within three years. However, different rules can apply where the injured person is under 18 or lacks mental capacity.
Because limitation rules can be complex, it is important to obtain legal advice promptly so you understand the applicable deadline.
Why Choose Step Legal Solicitors?
A claim can involve questions about ownership, maintenance, safety inspections, defective equipment and liability. Step Legal Solicitors can investigate the circumstances, gather supporting evidence, arrange medical reports where required and negotiate with insurers on your behalf.
We provide clear legal advice throughout the process and, where appropriate, can discuss No Win No Fee funding options.
Start Your Claim Today
If your child has been injured because an unsafe condition or defective equipment caused an accident, you may be entitled to compensation.
Contact Step Legal Solicitors today on 0800 195 6412 or submit the details of your enquiry here to discuss your circumstances and find out how we can help you pursue your claim. Alternatively, you can come into any of our offices for a free initial consultation.
Even if you’re not sure you have a claim, it’s always worth getting in touch. You really have nothing to lose.
