If you or your child have been injured while in a public park, you may be wondering whether you could pursue a public park accident compensation claim. Within this guide, we will discuss who owes you a duty of care when you are out in public, and when you could be eligible to make a personal injury claim for yourself or on behalf of your child.
Additionally, we will explore how an accident could occur in a public park and the injuries that could be sustained as a result. This guide will also discuss the types of evidence that could be used to support a personal injury claim, and how long you will have to file your case.
Furthermore, we will provide information on how compensation is awarded for successful cases. Finally, we will explore how one of the No Win No Fee solicitors on our panel could help you with making a claim.
To ask any questions, or to receive free advice you can contact our advisory team. They can be reached 24/7 by:
Browse Our Guide
- When Can You Make A Public Park Accident Compensation Claim?
- How Could Public Park Accidents Occur?
- Potential Compensation You Could Receive For Injuries And Accidents In A Public Park
- What Evidence Could Be Used In A Public Park Accident Compensation Claim?
- Claim For Park Accidents On A No Win No Fee Basis
- More Resources About Making A Public Injury Claim
Occupiers are classed as anyone in control of a public place, such as playgrounds and parks. They have a duty to take the necessary steps and actions to keep you reasonably safe while you are using that space. The Occupiers’ Liability Act 1957 establishes this duty of care.
Some examples of how an occupier of a public park could uphold their duty of care include:
- Conducting regular risk assessments and safety inspections.
- Maintaining playground apparatus in accordance with the manufacturer’s guidelines.
You may be able to make a personal injury claim if you or your child have been injured while using a public park’s premises. However, you will need to meet the following eligibility criteria:
- You or your child were owed a duty of care.
- This duty was breached and caused an accident to occur.
- As a result, you or your child suffered an injury.
To see whether you may have a valid public park accident compensation claim, you can contact our advisory team today.
As previously stated, to have a valid public park accident claim, you would need to show that the accident and any subsequent injuries occurred because the occupier breached their duty of care.
Some examples of how an injury could occur due to a public park accident include:
- Slips, trips and falls, such as falling from monkey bars or a climbing frame due to loose fittings that had not been regularly maintained or fixed. This could cause back or neck injuries.
- A poorly maintained park bench, that collapses upon sitting down, could cause breaks, fractures or sprains such as a broken leg.
- Falling onto an area with missing safety flooring, even though the need for this safety flooring had been identified, could lead to head injuries, such as concussion and brain damage.
These are only a few examples of how an accident in a park could occur. If you or your child have been injured while using a public park, you can contact our advisors to see whether you may have a valid personal injury claim.
If you make a successful public park accident compensation claim, you will be awarded general damages. This head of loss compensates for the pain, suffering and loss of amenity you or your child’s injuries have caused you to experience.
Legal experts may refer to the Judicial College Guidelines (JCG) alongside other documentation, such as the findings of an independent medical assessment when valuing this head of your claim. The JCG contains guideline compensation amounts for a range of injuries. We’ve used the brackets listed in the 16th edition of this document in the following compensation table.
Please note though that the following amounts are to be used as guidelines only.
|Injury||Category||Settlement Guidance||Additional Notes|
|Brain and Head||Very Severe||£282,010 to £403,990||Factors considered when valuing the award include life expectancy, sensory impairment, requirement for gastrostomy for feeding and the extent of physical limitations.|
|Back||Severe (i)||£91,090 to £160,980||Severe back injuries that involve damage to the nerve roots and spinal cord.|
|Back||Severe (ii)||£74,160 to £88,430||Features of such a back injury may include impaired mobility and nerve damage with associated loss of sensation.|
|Leg||Severe (ii) Very Serious||£54,830 to £87,890||Where the claimant has permanent mobility problems because of leg injuries and crutches or other mobility aids are required permanently.|
|Leg||Less Serious (i)||£17,960 to £27,760||Serious soft tissue injuries or leg fractures where an incomplete recovery is made.|
|Arm||Permanent and Substantial Disability||£39,170 to £59,860||Serious arm fractures (to one or both arms) with a significant and permanent disability.|
|Arm||Simple||£6,610 to £19,200||A simple forearm fracture.|
|Knee||Severe (iii)||£26,190 to £43,460||Knee injuries that cause a less severe disability. For example, limited movement, continuing pain and the risk of surgery.|
|Wrist||Less Severe||£12,590 to £24,500||A degree of permanent stiffness or persisting pain following a wrist injury.|
|Shoulder||Serious||£12,770 to £19,200||Aching in the shoulder and neck due to damage to the lower part of the brachial plexus and a dislocated shoulder.|
Claiming Special Damages In Public Park Injury Claims
The second head of loss you could be awarded for a successful personal injury claim is known as special damages. This compensates for any financial losses you have experienced that can be linked to your or your child’s injuries.
Some examples of special damages that could be awarded include:
- Medical costs.
- Travel expenses.
- Lost income, including any future lost earnings.
- Care costs.
Any costs you claim for must be proven with evidence such as receipts, bank statements or wage slips.
If you’d like to check what you could be entitled to as part of your settlement following a successful public liabilty claim, please get in touch.
Collecting evidence regarding your or your child’s accident in a public park could help support your personal injury claim. This is because gathering sufficient evidence could help with proving who was liable for the accident and the types of injuries suffered as a result.
Examples of evidence that could be used to support a public park accident compensation claim include:
- Pictures of the cause of the accident, such as defective playground equipment.
- Video footage (mobile phone, CCTV) of the accident.
- Medical evidence regarding your or your child’s injuries, such as a copy of medical records.
- Contact information for anybody else who was present when the accident occurred, as they may be able to provide a statement regarding the incident at a later date.
If you choose to work with a solicitor on your case, they could help you with gathering evidence, such as collecting statements from eyewitnesses.
What Time Limits Apply To Public Park Accident Claims?
However, if your child was injured, they won’t be able to begin their claim themselves until their 18th birthday. From this point, they will be given 3 years to start legal proceedings. Alternatively, you could apply to be a litigation friend to make a claim on their behalf prior to their 18th birthday.
To learn more about the other exceptions that apply to the personal injury claims time limit, you can contact our advisors. They can also provide you with free advice on what evidence is needed when making a public liability claim.
If you or your child has been injured while in a public park, you may wish to work with a personal injury solicitor. One of the solicitors on our panel may offer to work with you on your public park accident compensation claim, provided that you meet the eligibility criteria.
The solicitors on our panel offer their services on a No Win No Fee basis under the terms of a Conditional Fee Agreement. As such, you typically won’t be expected to pay any fees for the services provided by your solicitor upfront or whilst the claims process is ongoing. Furthermore, you don’t need to pay them for their work if the claim is unsuccessful.
If you are successfully awarded compensation, your solicitor will keep a percentage of it as their success fee. The percentage that this fee can be is subject to a legal cap, meaning that you can keep the majority of the compensation.
To check if you might be entitled to make a personal injury claim with a solicitor from our panel, you can contact our advisors. They can be reached by:
Here are a few more of our helpful guides:
- If you have been injured in a swimming pool accident, here is some information on when you could make a claim.
- Advice on making a claim for a theme park accident and how much compensation you could receive.
- Information on when you could make a claim for a shopping centre accident and the compensation you could be awarded.
Additional information and resources:
- Royal Society for the Prevention of Accidents (RoSPA) – Playground inspections.
- NHS – What to do if your child has an accident.
- GOV.UK – Statutory Sick Pay.
Please call our team if you’d like to know anything else about making a public park accident compensation claim.