If you or your child has been injured in a playground and somebody else was at fault, you could be entitled to make a no win no fee playground accident claim.
We are a trusted claims management company helping people make personal injury claims for over 15 years.
Playground Accident Claims
Playground operators have a legal duty of care to maintain the safety of equipment and the surrounding play area to prevent accidents. If your child has been injured due to a breach of duty, you may be eligible to make a playground accident claim for compensation.
This guide explains the types of accidents and injuries that could lead to a claim, how to act on behalf of your child, and how much compensation you could be entitled to claim.
For personalised advice and a free case assessment, call 0800 470 0472 or request a call back. An experienced legal adviser will review your claim and answer any questions you may have, with no obligation to proceed.
Key points about playground accident claims
- Eligibility: You may be able to claim if your child was injured in a public or school playground due to unsafe equipment, poor maintenance, or, where applicable, inadequate supervision.
- Who Is Responsible: Responsibility may lie with the council, school, or private operator, depending on ownership.
- Time Limit: A parent can usually claim up to the child’s 18th birthday. Otherwise, the child will generally have until their 21st birthday to claim independently, although different time limits can apply in some circumstances.
- Compensation: Claim awards depend on the injury your child has suffered and related costs such as travel or private medical treatments.
- No Win, No Fee: Your solicitor will act on a no win, no fee basis. You’ll only pay a fee if the claim is successful.
Table of Contents
Am I eligible to make a playground accident claim?
Children are prone to accidents, and some playground injuries are unavoidable. However, a compensation claim may be made if your child has suffered an injury at a playground and:
- The defendant owed them a legal duty of care.
- They breached that duty through a negligent act that caused an accident.
- Your child’s playground injury was a direct result of that accident.
A personal injury solicitor experienced with child accident claims can verify your eligibility for compensation within minutes during a free phone assessment.
Who can be held responsible for accidents in playgrounds?
Based on the circumstances of your child’s injury, a playground accident compensation claim could be made against:
- The person supervising your child had a duty of care towards them.
- They failed to provide adequate care and supervision.
- Your child suffered a playground injury as a result.
You could make an accident claim against the council if your child’s injury was due to a failure to repair hazards and maintain equipment, unsafe designs or other types of negligence.
- The defendant controlled the premises and could expect children to play there.
- They failed to maintain reasonable safety standards.
- Their negligence caused your child’s injury in a foreseeable way.
- The equipment was faulty.
- The defect caused the child’s injury.
- The manufacturer was responsible for the product safety.
Unlike a negligence claim, in a product liability claim, you do not have to prove a duty of care and breach of duty.
- A dog owner if the child suffered a dog bite injury in a playground.
- The parents of another child who caused an injury to your child.
How long do I have to make a playground injury claim?
Usually, the time limit to make a personal injury claim is 3 years from the date of the accident or from when you become aware of an injury (see section 11 of the Limitation Act 1980).
However, when a child is injured, a parent or legal guardian could make a playground accident claim on their behalf at any point before the child turns 18.
If no claim is made before the child turns 18, they will have three years to make a claim themselves. This gives them until their 21st birthday to make their claim.
In the tragic event that a child passes away due to a playground accident, you could make a fatal accident claim within three years after the date of death.
How do I make a playground accident claim on behalf of my child?
If your child was injured in a playground accident, it is essential to seek medical attention immediately. This will create a medical record that will be used as evidence in your claim.
The next step should be to report the accident to the local authority or the playground owner and request a signed copy of the accident report.
If you decide to start a playground injury compensation claim, the sooner you seek legal advice, the better. If you can proceed, your solicitor will help you apply to the court to be named as your child’s litigation friend and guide you through the claims process.
Other types of evidence you should try to gather to support your claim include:
- Photographs or a video of the accident scene and the child’s injuries.
- A specialist medical report detailing the child’s injuries and care needs.
- CCTV footage, if the playground was covered by security cameras.
- Statements from any witnesses to the accident.
- Proof of financial losses you incurred because of the playground accident.
How much compensation can I claim for a playground accident?
The compensation awarded for a child injury claim will usually cover two types of damages:
- Pain, suffering and loss of amenity, which are known as general damages.
- Related financial losses and expenses, known as special damages.
Below are some examples of compensation amounts for various injuries based on the Judicial College Guidelines (18th Edition). The actual amount a child may receive for a playground accident will depend on their specific circumstances, including the type and severity of the injury and its impact on their life.
| Injury Type | Description | Compensation |
|---|---|---|
| Brain Damage | Moderate brain damage likely to affect the senses, with some dependence on others | £57,000 - £289,000 |
| Back Injuries | A moderate back injury with ongoing pain and disruption to everyday life | £17,000 - £37,000 |
| Neck Injuries | A minor neck injury recovering fully within 3 months | Up to £3,200 |
| Elbow Injuries | An elbow injury, such as a simple fracture or tennis elbow, with no permanent functional impairment. | Up to £17,000 |
| Finger Injuries | Amputation of a little finger | £11,000 - £16,000 |
| Wrist Injuries | A wrist fracture or soft tissue injury taking more than a year to recover | £8,000 - £14,000 |
| Leg Injuries | A leg fracture or soft tissue injury causing some permanent issues, such as impaired mobility or a limp | £24,000 - £37,000 |
| Scarring To The Face | Minor facial scars with very little impact on appearance | £2,300 - £4,700 |
Can I make a no win no fee claim for a child’s playground accident?
Yes. If you are entitled to make a personal injury claim following an accident at a private or public playground, we will pair you with a specialist no win no fee solicitor. This means that:
- You don’t need to pay any upfront fees to your solicitor.
- You do not have to pay them anything if your case fails.
- A success fee is paid to your solicitor if they win your claim (capped at 25% of certain elements of your compensation, such as damages for your injuries and past financial losses).
What types of negligence can lead to playground injury compensation claims?
A claim for a playground accident could arise from various types of negligence, such as:
- Poorly designed or unsafe playground layout.
- Faulty, damaged, or improperly installed play equipment.
- Equipment that lacks recommended safety features or precautionary measures.
- Failure to conduct regular safety inspections of the playground grounds.
- Old or poorly maintained equipment that becomes unsafe.
- A lack of bark or matting to absorb impact around the play area.
- Equipment that is unsuitable for the intended age group.
- Inadequate or missing safety signage.
If your child is injured due to any of these factors, you may be eligible to claim compensation for a playground accident.
What are the most common playground accidents?
Playgrounds are a space of excitement and social interaction for children, but when adequate safety measures are not in place, they can lead to serious injuries. Children’s playground accidents are most commonly due to:
- Lack of supervision at nurseries and schools, where children should be closely monitored by a teacher or another adult.
- Faulty equipment that is old or broken can expose children to hazards such as nails, sharp edges, loose handles, or missing footholds.
- Slips, trips and falls caused by wet surfaces, tree roots, uneven flooring and a lack of adequate safety signage.
- Unsafe playground area that does not have soft flooring installed or has playground equipment that is not age-appropriate.
- Poorly installed equipment that does not meet the EN1176 safety standards of design and layout.
What are the most common playground injuries that could lead to a claim?
The most common types of personal injuries resulting from playground accidents include:
- Lacerations from sharp edges, rusty metal, exposed screws or protruding nails.
- Broken bones and dislocations due to falls from swings, climbing frames or slides.
- Sprains and strains of muscles, ligaments or tendons from slip, trip and fall accidents.
- Head and brain injuries caused by a fall from height and a lack of safety matting.
- Strangulation and entrapment from loose ropes, gaps in equipment or defective designs.
To find out if you can make a playground injury claim for yourself or on behalf of your child, call 0800 470 0472 or request a call back to get a free consultation with a legal adviser.
