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Parks and playgrounds are places where children should be able to play, explore and enjoy themselves. Across Middlesbrough, Redcar and the wider Teesside area, many families regularly use local parks, public play areas and open spaces.

Most childhood bumps and falls are part of ordinary play. However, if a child is injured because a park, playground or piece of play equipment was unsafe, a personal injury claim may be possible.

Can a child make a personal injury claim?

Yes. A child can make a personal injury claim if they were injured because another person or organisation was at fault.

As a child cannot usually conduct legal proceedings themselves, a parent, guardian or another suitable adult can act on their behalf. This person is known as a litigation friend. Their role is to make decisions in the child’s best interests during the claim.

If compensation is awarded to a child, the settlement will usually need to be approved by the court. This is an important safeguard because it helps ensure the compensation is fair and properly protects the child.

How is a child’s compensation protected?

If a child receives compensation, the money is usually held for them until they turn 18. This helps make sure it is protected and used for their benefit.

The funds earn interest while they are held, which can help protect the value of the compensation over time.

In some cases, funds may be released earlier if they are needed for the child’s immediate benefit, such as for treatment, care or equipment linked to the injury.

When could a park injury claim arise?

A claim may be possible if the injury happened because the park or playground was not reasonably safe.

This does not mean that every accident in a park will lead to a claim. Children run, climb, jump and fall. The law does not require public spaces to be completely free from risk.

However, those responsible for parks and playgrounds should take reasonable steps to keep visitors safe. That is particularly important where children are likely to use the space, as children may not recognise danger in the same way an adult would.

Examples of circumstances that could potentially lead to a claim include:

• Broken or poorly maintained playground equipment
• Damaged swings, slides, climbing frames or roundabouts
• Unsafe safety surfacing beneath play equipment
• Exposed sharp edges, screws or metalwork
• Rotten, unstable or defective wooden equipment
• Hidden trip hazards in areas where children are expected to play
• Gates, fencing or barriers that have not been properly maintained
• A failure to act after previous complaints or reports of danger

Each case depends on its own facts. The key question is usually whether the person or organisation responsible for the park took reasonable care to keep children reasonably safe.

Who could be responsible for a child’s accident in a park in Teesside and North Yorkshire?

Responsibility will depend on who controls, manages or maintains the park or playground.

In many cases, this may be a local authority.

In other cases, it could be a private landowner, school, nursery, leisure operator, housing association or maintenance contractor.

What injuries can children suffer in park accidents?

Some park injuries are minor and heal quickly. Others can have a more serious impact on a child’s health, confidence and day to day life.

Park and playground accident claims may involve injuries such as:

• Broken bones
• Head injuries
• Cuts, lacerations and scarring
• Dental injuries
• Scarring
• Soft tissue injuries
• Psychological effects after a frightening accident

Where a child has suffered a serious injury, it may be important to consider not only their immediate pain and suffering but also their recovery, treatment needs and any longer term effects.

What should parents do after a child is injured in a park?

The first priority is always the child’s health. If the injury is serious, seek medical attention immediately.

Once the child is safe, it can help to record what happened while the details are still fresh. Parents may wish to:

1. Take photographs of the defect, equipment or hazard
2. Take photographs of the surrounding area
3. Keep a note of the date, time and location
4. Ask for contact details from any witnesses
5. Report the accident to the council, landowner or organisation responsible for the park
6. Keep copies of medical records, letters and receipts

If the dangerous condition is repaired shortly after the accident, photographs taken at the time may become particularly important.

How long does a child have to make a claim?

Personal injury claims are subject to strict time limits.

Where an adult is injured, the usual time limit is three years from the date of the accident. However, the rules are different for children.

If a child is injured, the three year period usually does not start until their 18th birthday. This means they may have until their 21st birthday to begin a claim if one has not already been brought on their behalf.

That said, it is usually better to seek legal advice as early as possible. Evidence can disappear, witnesses can become harder to trace and records may become more difficult to obtain as time passes.

What can compensation cover?

Compensation in a child injury claim may include damages for the child’s pain, suffering and loss of amenity. This means the effect the injury has had on their everyday life, activities and enjoyment.

Depending on the circumstances, compensation may also include treatment costs, care needs and other financial losses linked to the injury.

The value of a claim will depend on the severity of the injury, the recovery period and the impact on the child’s life.

Speak with a personal injury solicitor in Middlesbrough or Redcar

If your child has been injured in a park or playground and you are concerned that the accident was caused by negligence, Askews Solicitors can help.

Our personal injury team can listen to what happened, explain your options and advise whether a claim may be possible.

To discuss a child injury claim, Contact Us today for a free enquiry or visit Personal Injury Claims to learn more about our services.

This content is for informational purposes and is not intended as advice of any kind.