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Playground Injuries

Compensation for Public Playground Accidents

Playground injuries mostly occur at schools, daycares, city parks, private homes, and any other place else with a playground or play area meant for children. Mostly these injuries are caused by careless behavior or unsafe equipment, and fortunately, most playground accidents don't result in significant injuries. Children are extremely accident-prone, and as a parent, you will be used to the cuts and scratch your child comes home with. However, while minor injuries are treated easily with a normal first aid kit, on the other hand, there are around 40,000 injuries to children each year that result in a trip to the hospital.

Although it will be obvious to any parent, it should often be remembered that if your child has been involved in an accident in a public playground, his or her health and safety is much more vital than any potential compensation claim that you may have against the local council or public authority. If the child has been seriously injured an ambulance should be called immediately.

In recent times children’s playgrounds are evolving, multi-sports equipment and multi-work games areas in parks are common. In the playground not just children, adults are also visiting a lot to keep fit for free, which increases the liability of local authorities to comply with legislation to ensure the equipment and wider play areas are safe to use.

Playground injuries

Children don’t always care about their health while playing, they are naturally accident-prone, and as a parent, you will be used to the cuts and scratches your child comes home with, so it’s no surprise that many children get injured in playgrounds. Usually, the reason for injuries is hard playing with friends, clumsiness, and even normal child play.

Some of the most common playground accidents:

As a result of these playground accidents, usual playground injuries are- damage to the ankles, head, internal injuries, bones that are fractured or broken, dislocated bones, and serious bruises.

Councils’ duty of care

As many children and other people are visiting the public playground as much the responsibilities of local authorities are increasing. Council authorities have a legal liability to reduce the risks of injury related to the playground equipment, including fencing and surfaces and any other playground area, so that children and other public playground users could not be involved in an accident that injured him.

Law Regarding Public Playground Accidents

According to UK law, playground owners and managers have a legal responsibility to provide a risk-free environment for all users. They are legally necessary to take the appropriate steps and conduct regular maintenance checks to make sure that everyone who uses the playground can do so safely, without any risk of injury. If they fail to keep up with their responsibility, they will be held liable to compensate for the resultant injuries. It means you have a right to claim compensation if your child is involved in a playground accident that was caused due to any of the following reasons:

Legal demands on local authorities

 According to the Health and Safety at Work etc. Act 1974, your local authority has a legal responsibility to make sure children and other people using playgrounds are safe. The local authority should also assure that in the playground area there are the correct and suitable signs up, along with contact details of the responsible authority for accidents under the Occupiers Liability Act. 

For the sake of safety, from time to time the local authority must inspect the playground, and reduce the risk involved. It is required for them to carry out the necessary repair work within a logical time period if the local authority is informed of a problem. Because they will be legally responsible for compensation if they don’t repair the fault after the complaint.

Claiming

If your child has been involved in an accident during the time they spent in the playground center premises and wishes to sue for negligence, you will usually need to provide some form of evidence. 

It is also necessary to report the incident to the local authority and/or owner of the playground. This will ensure that there is an official record of the incident and also prevent further accidents from occurring to other children.

Thereafter, it is important to gather evidence regarding the incident. Ideal evidence includes:

If there is serious injury or if the playground defect could put others in immediate danger, report the problem to the local police who will be able to take quick measures to close the playground whilst investigations and repairs are completed. This can also help as an official record of the incident for your case as well as improving the safety of other children like yours.

If you are the guardian of the injured child, you should start a claim within three years of the accident on behalf of your child until his 18th birthday. However, you should start the claim quickly while the evidence is fresh.

If you want to make a claim, then speak to a personal injury expert on about claiming compensation as early as possible. Most of our solicitors will work on a no win no fee basis, which means you don't have to worry about financial problems to start a claim.