When I was a kid, there was nothing I loved more than going down to the local park and swinging madly on the monkey bars and climbing on frames. Whilst many kids now remain indoors in front of the TV or computer consoles, local playgrounds are still in frequent use.
Kids will be kids – so accidents on playgrounds can be fairly common. But what happens if your child is injured on a playground because of some kind of defect or problem with the ground or the equipment? Can you make a claim for personal injury compensation for your child?
Your Rights
If there is a defect, like a broken piece of equipment that causes a cut, or perhaps a piece of equipment breaks whilst using it, or if there is a tripping hazard, there may be a potential claim for compensation. Most local playgrounds are owned by the local council, so they will normally have the duty and the responsibility for the area.
Commonly in claims like this, there is a duty for the council to reasonably and responsibly inspect and maintain the park. This means there should be some kind of inspection and maintenance regime in place. If they can prove they have a good enough regime and prove that they have kept to it, they can defend a claim.
If a matter has already been reported to them, they should act quickly to rectify the issue or at least put some kind of guard in place to prevent anyone from being injured.
Making a Claim
Children can be fairly robust, but they are entitled to claim compensation for any pain and suffering caused as a result of the accident. You as a parent or guardian may also be able to have an element of a care and assistance claim if you have had to take time off work or extra time out of your day to look after your injured trooper.
Normally a claim will be settled with the approval of a judge at a hearing to ensure that both parties have agreed a sum which reflects the best payout for the child. The sum is normally retained in a court trust fund and remains there (with a healthy rate of interest) for the child to access when they reach the age of majority.
We can normally offer a 100% compensation agreement for this type of case, so get in touch for help and advice today.
