Has your child been injured in a school playground accident? Contact our team to find out if you can make a no win no fee compensation claim.
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School Playground Accident Claims
If your child has been injured in a school playground accident, you may be able to claim compensation on their behalf. While not all accidents are due to negligence, schools have a legal duty to keep pupils safe during playtime. A claim may be possible if your child’s injuries resulted from unsafe equipment, inadequate supervision, or poorly managed hazards.
The injuries sustained in a school playground accident can range from bumps and bruises to broken bones or head injuries with long-term consequences. A specialist solicitor can assess your eligibility to claim compensation and guide you through the legal process, with no obligation to proceed.
Call 0800 470 0472 today for a free consultation over the phone or use our online contact form to request a call back and find out if you may be able to make a personal injury claim on behalf of your child.
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Can I claim for a school playground accident on behalf of my child?
Yes. If your child was injured in a playground accident at school, you can usually make a child injury claim on their behalf as a litigation friend if the following can be proven:
- Your child was owed a legal duty of care.
- This duty was breached, leading to their playground accident.
- They suffered injuries as a direct result.
Children cannot make a claim themselves and need a parent, guardian or another suitable adult to represent them. The litigation friend must be approved by the court and must act in the child’s best interests.
Who is responsible for school playground safety?
Responsibility for school playground safety will depend on who controls and manages the premises:
- Depending on the type of school, responsibility may lie with the local authority, academy trust, governing body or the independent school’s proprietor or trustees.
- Private schools are responsible for managing their own health and safety duties.
- Staff and supervisors also have a duty to take reasonable care to keep children safe during playtime.
Under the Health and Safety at Work etc. Act 1974 and the Occupiers’ Liability Act 1957, both state and private schools must take reasonable steps to keep children safe from playground accidents. While not all accidents are due to negligence, a claim may arise from:
- A lack of adequate risk assessments
- Poor or inadequate supervision
- Faulty or poorly maintained playground equipment
- Inadequate surfacing where reasonably required for the equipment and level of risk
- Failure to ensure equipment is age-appropriate
- Failure to repair known hazards
- Overcrowding or allowing unsafe play behaviour
You can read more about school health and safety duties in the Department for Education’s health and safety advice for schools.
What types of school playground accidents could happen?
School playground accidents are a significant concern. Common types of playground accidents that may lead to a school negligence claim include:
- Falls from playground equipment, such as monkey bars or climbing frames.
- Injuries caused by defective or broken equipment, such as sharp edges or loose bolts.
- Slip, trip and fall accidents caused by hazards in the play area, such as uneven ground.
- Collisions with moving equipment or between children due to poor supervision.
- Entrapment or strangulation due to loose ropes, gaps, or clothing getting caught in equipment.
If your child was injured due to the school’s breach of duty, you may be able to make a playground accident claim on their behalf.
What injuries can school playground accidents cause?
School playground injuries can range from minor cuts and bruises to serious fractures or head and back injuries, depending on the accident. Some of the most common include:
- Cuts and lacerations caused by sharp edges and broken equipment.
- Bruises and abrasions from falls and collisions.
- Wrist and ankle sprains or muscle strains from falls or sudden movements.
- Broken bones, such as arms, legs or collarbones, from severe falls.
- Head injuries, concussions or severe brain injuries from impact with the ground or equipment.
- Facial and dental injuries, such as chipped teeth or broken noses.
How do I start a school playground accident claim?
If you want to start a claim for your child’s school playground accident, the first step is to seek legal advice. A specialist personal injury solicitor will assess whether the school may have been negligent and whether your child may be entitled to compensation.
If you are eligible, the claims process usually involves:
- Gathering evidence related to the child’s playground accident.
- Requesting medical records and specialist reports.
- Preparing the claim and calculating the compensation that may be owed to the child.
- Sending a letter of claim to the school or its insurer.
- Negotiating a fair settlement or issuing court proceedings, if necessary.
Most cases settle before reaching a court trial, as this means fewer expenses, less stress and a quicker resolution for both parties.
What is the time limit for a school playground accident claim?
In most cases, you have three years from the date of an accident to make a personal injury claim. However, this limitation period does not apply in the same way to children’s playground accident claims.
Instead, a parent or guardian can usually bring a claim on behalf of a child at any time before they turn 18. If no claim is made, they will have until their 21st birthday to claim compensation themselves once they reach the age of majority.
Even so, it is always better to start the process as early as possible, while evidence is readily available and details are fresh.
How much compensation can I claim for a school playground accident?
The amount of compensation awarded in playground injury claims depends on how serious the injury is, how long it takes to recover and the long-term impact on the child’s life. This will cover two types of damages:
- General damages cover the pain, suffering and loss of amenity that the child suffered due to the accident.
- Special damages cover financial losses incurred as a result, including medical expenses, loss of earnings while caring for your child, medical aids or travel expenses to medical appointments.
Can I make a no win no fee school playground accident claim?
Yes. If you are eligible to claim compensation for a playground accident at school on behalf of your child, your solicitor may offer a no win no fee agreement.
This means that:
- You don’t have to pay any legal fees up front to your personal injury lawyer.
- If you win the claim, a success fee capped at 25% is taken from the part of the compensation awarded for general damages and past financial losses and paid to your solicitor.
- If your claim is unsuccessful, you will not pay the solicitor’s fees.
This service can reduce the financial risk of starting a claim and make legal representation more accessible, regardless of your financial situation.
Evidence needed for a school playground claim
To make a successful claim, you need evidence to prove the school’s liability, how the accident occurred, and the damages suffered, such as:
- Photographs of the accident scene and hazards
- Witness statements from staff, teachers or other pupils
- A copy of an accident report filed with the school
- Accident investigation records or any RIDDOR report, if applicable
- Risk assessment and maintenance records carried out by the school
- Medical records and GP or hospital reports
- CCTV footage of the accident, if available
- Records of similar incidents or previous complaints with the school
The more evidence you can gather, the easier it is to prove what happened and why. Your solicitor will help you collect all the documents needed to support your claim.
What happens to my child’s compensation?
If your claim is successful, the compensation is often paid into court or otherwise managed in accordance with the court’s directions, commonly until your child turns 18. In some cases, the court may approve the funds being used earlier, for example, to cover:
- Ongoing medical treatment
- Specialist care or therapy
- Home tutors
- Rehabilitation or medical aids
Otherwise, the money, plus any accrued interest, will be released to your child to use however they choose when they reach adulthood.
Call 0800 470 0472 today or request a call back to find out within minutes if you may be able to make a school playground accident claim on behalf of your child. You will receive free legal advice, with no obligation to proceed.
