Accidents At Schools,
Parks And Playgrounds
Every year, many children are involved in accidents at schools, parks, and playgrounds, sustaining everything from minor cuts and sprains to serious fractures and internal injuries. If your child is involved in an accident due to negligent behaviour by the school, council or owner of the premises, your family may be entitled to compensation.Â
Common places of injury for a School, Park or Playground Claim
- School premises, especially playgrounds
- Public parks and playgrounds
- Playgrounds in a fast-food restaurant or within another venue dedicated to children’s entertainment (eg. Trampolining venue)
- Day care
- After-school care
- Preschool
- Kindergarten
However, before a claim can be awarded, we must determine whether your child’s injury was due to negligence. Essentially, this asks ‘Did the person or group responsible for your child’s safety take every reasonable precaution to keep them safe from harm?’ There is no formal document or list that determines what constitutes negligence. Instead, the courts will evaluate the specific circumstances of the event.Â
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Common Examples of Negligence in a Playground Setting
Inadequate Supervision
The level of supervision provided by the school, or the parent is often a relevant factor in determining negligence. For example, schools must have a minimum number of staff members supervising the classroom and school playgrounds.
Faulty School Equipment
It is the duty of the school to design, build and maintain the school equipment and grounds in a manner that is as safe as is reasonable. Your family may be eligible for a claim if your child is injured due to equipment that is not properly designed for use by children, or due to defective school buildings.
Disrepair and poor maintenance
Owners and managers of a space where children play have a legal duty to promptly repair any damage to the area and carry out regular maintenance to ensure children are free from harm. Damage from weather, neglect, and general deterioration over time can lead to hazards in a school and playground like protruding nails or potholes.
Common Examples of Negligence in a Playground Setting
Slips, trips, and falls
Often caused by large rocks, puddles of water, and uneven or elevated flooring
Child-on-child
Children injuring each other while playing or through bullying or acts of aggression. It should be noted that if the injured child was engaging in an activity where there is an obvious risk of injury, such as instigating a fight, this may also affect the likelihood of a successful claim.
Dog bites
The high energy of children playing can sometimes prompt aggressive reactions from dogs. An oversized dog may also cause injury by knocking a child over.
Get a free case assessment to find out if you are entitled to compensation
Who pays for compensation sought in claims for a playground, park, or school accident? Will I disadvantage the school in any way?
Usually, the insurance company of the liable business or institution will pay the compensation. This is the reason that schools, businesses, and councils are required to have Public Liability Insurance. The at-fault party won’t have to find lawyers either, their insurance will usually handle it all.
What can I claim for?
- Permanent or temporary disability
- Psychological stress for pain and suffering related medical conditions
- Medical expenses, including wheelchairs and in-house medical facilities
- Continuing medical treatment, rehabilitation, physiotherapy, and similar considerations
- Economic loss of income, future income, and/or career prospects
- Gratuitous care – if your child requires care after the accident as a direct result of their injuries, be it paid or unpaid.
- Additional related matters affecting you or your family
How much time do I have to start my claim?
There are strict time limits that apply so we recommend contacting us as soon as possible.
How much will it cost me to make a claim?
We operate on a No win, No Fee basis so if we don’t win compensation in your case, you won’t have to pay us any legal fees. We understand that those seeking compensation are usually experiencing financial hardship through no fault of their own and we believe that you shouldn’t have to risk anything to fight for what you are entitled to.
What must be proven to substantiate claims for a school, park or playground accident?
- That the occupier or owner of the place the injury occurred owed the victim a duty of care – that they were responsible for keeping you safe and free from harm while at their premises (usually, this is easily established, especially in a school setting).
- That the duty of care was breached. For example, maintenance wasn’t done causing uneven ground – this is known as negligence.
- It was reasonably predictable that the breach would cause injury to someone.
- The injury was caused by the negligence of the owner/occupier.
- What is an Infant Approval of Settlement?
- When a claimant is under 18 years of age, the settlement figure will be considered by a judge in court, and they will make a judgement as to whether it was a fair and reasonable settlement amount. This is to protect your child and to make sure that their future financial needs have been considered.
How to make a claim
You may be able to make a claim for damages if the owner or manager has breached their duty of care in a way that constitutes negligence. Speak to one of our experienced compensation lawyers on 07 3422 4302 or contact us today.
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