The last thing most of us think about when heading to the park with our children is that our outing might result in a playground injury claim. Thankfully, we are usually justified in not giving it a second thought.
Of course, minor incidents resulting in small bruises and scrapes are part and parcel of a trip to the playground, but more serious injuries are rare – thank goodness. However, the nature of playgrounds, with their swings, slides and climbing equipment, means that, occasionally, more severe accidents occur.
For example, your child might get struck by a swing or fall from the top of a slide. If your child has been injured in a playground incident that was not their fault, you might be able to bring a compensation claim on their behalf. Playground injury claims specialists can help you understand your legal position, the merits of your claim and the likely outcome.
Common causes of playground accidents
Some playground accidents occur due to ‘user error’. For example, your child may have misused the equipment, or you may have become momentarily distracted, and as a result, your child suffers a mishap and hurts themself.
In such cases, you wouldn’t be able make a personal injury claim on your child’s behalf.
On the other hand, some accidents arise through no fault of the injured child or attendant parent but due to something the playground owner has done or failed to do.
Examples of the types of issues that can lead to no-fault playground accidents include the following:
Playground equipment can sometimes be somewhat antiquated, having been installed many years earlier. The material it is constructed from, often wood and metal, invariably deteriorates over time through normal wear and tear, especially when it is in constant use by young children.
Metal can rust, causing rough surfaces. Nuts and bolts loosen. Wood rots over time, becoming fragile and unstable. Ropes may deteriorate and fray. Playground equipment that is not adequately maintained turns into an accident waiting to happen!
The safety of a playground’s layout is as important as the adequacy of the equipment and this should have been the subject of considerable thought at the planning stage. However, the planning of some playgrounds leaves a lot to be desired, and poor equipment layout can, in itself, cause playground accidents.
Figures collated by The Royal Society for the Prevention of Accidents (RoSPA) show that many playground accidents involve children getting hit by a swing. Whilst some of these accidents might result from the child running in front of the swing of their own accord, others are due to insufficient space separating the swings, meaning that anyone passing by is at risk of being hit.
Other hazards include:
Other playground design issues include age-inappropriate equipment – you might not expect to see a zip-wire in a playground intended for toddlers, for example – and otherwise safe equipment simply installed incorrectly.
If you believe your child has been injured in a playground incident that was the playground owner’s fault, contact a personal injury solicitor who will advise on whether you can make a playground accident claim for compensation for your child’s injuries.
Common injuries that arise from playground accidents
Rest assured that the vast majority of playground accidents result in minor, if any, injury to a child. Scrapes, cuts and even the odd bruise are usually easily treated with a cuddle and some reassuring words – although, of course, if you are in any doubt, you should seek medical help. Sometimes, though, a more serious injury can occur. The most commonly seen by personal injury specialists are as follows:
Perhaps unsurprisingly, statistics show that the most common incident involving playground equipment is falling. Many falls result in minor injuries, particularly if the ground is soft and the height from which the child fell is low. However, occasionally, a fall can lead to broken bones that are painful for your child and hinder their movement until fully healed.
Minor cuts and scrapes are part of everyday life for children, their parents, and carers. If a cut is more severe, though, medical attention may be warranted to administer stitches and avoid the risk of infection. In a playground, cuts and lacerations can result from the child falling onto uneven ground unsuitable for use in the setting, equipment with exposed nails or sharp corners, or inappropriate, spiky fencing.
The thought of our children sustaining a head or brain injury is pretty scary, and most of us take every caution possible to avoid situations that could give rise to one.
In a playground environment, high equipment such as slides and climbing frames are the obvious suspects regarding head injuries, but serious accidents involving structures of this nature can usually be easily averted by ensuring we, as parents, visit only age-appropriate playgrounds and supervise our children sufficiently.
Accidents involving head or brain injuries caused by children using faulty or improperly installed equipment are infrequent. When such accidents do happen, the fault may lie with the playground owner, and you may be able to bring a playground injury claim against them on behalf of your child.
Bringing a playground injury claim on behalf of your child
When a child sustains a playground injury that gives rise to a personal injury claim, you as their parent or legal guardian, can bring the claim on their behalf, acting as their ‘litigation friend’.
You will effectively run the litigation alongside your chosen personal injury solicitor, making decisions regarding the conduct of the case and any settlement offers with your child’s best interests in mind. Any damages awarded may be held on trust until your child turns 18, but you can apply to Court for them to be released earlier if you need them to cover your child’s medical expenses, for example.
The law governing playground accident claims is complex and difficult to navigate, incorporating both negligence law and various Acts of Parliament. Further, some types of accidents might be seen as the victim’s fault in the case of an adult but not viewed the same way when a child is the victim in the playground.
Your personal injury solicitor will advise on the applicability of the relevant laws to your situation and guide you through the process with compassion and sensitivity.
Takeaways
Whilst the issues described here can appear worrisome, you should not be put off visiting your favourite park or playground with your little ones! Most playground injuries are incredibly minor and nothing to worry about.
More serious incidents are rare and can often be avoided by choosing an age-appropriate playground and supervising your child effectively. It is doubtful that you will ever find yourself in the unfortunate position where you need to consider bringing a playground accident claim on behalf of your child, but if you do, having the right personal injury solicitor by your side can be invaluable.
An experienced injury lawyer will diligently pursue those responsible for maintaining the playground and hold them accountable for your child’s injuries.
An experienced injury lawyer will work tirelessly to pursue those responsible for maintaining the playground and hold them accountable for your child’s injuries. They will also make sure your child receives the compensation they are entitled to.
Finally, it is worth noting that very few playground injury claims reach trial. Most are settled at an early stage, without the need for you or your family to attend Court, allowing you instead to focus on your child’s recovery.
