There are approximately 40,000 playground accidents each year resulting in hospital visits. There are many causes of child accidents at playgrounds but some common examples are due to horseplay by children or poor design, maintenance or installation of the equipment.
Occupiers of playgrounds (usually the Council or private owners of nurseries) are under a duty in law to ensure that everyone who users the playground are safe. The law often imposes a greater duty of care on occupiers to ensure the safety of children, in particular an occupier must be prepared for children to be less careful than adults.
The main legislation is contained in the Occupiers Liability Act 1957 and 1984 which governs the law relating to owner/occupiers of property and land for residential and commercial premises.
The most common equipment giving rise to accidents at a playground relate to swings, climbing frames and slides. The Council are likely to be responsible for most playgrounds accidents if fault can be found.
Playground Accident to Children Video
For more information please see our Playground Accident Infrormation Post
Our child accident and injury claim contact details:
If you wish to make a claim please email us as info @ hutcheonlaw.co.uk
(Please delete the spaces in the email address which is used to prevent automated spam)
School Playground Accident Claims and Solicitors (child fell off climbing frame)
Below is a typical example of accidents on a playground involvng children where compensation was obtained by the child injury solicitors. The names and location amongst other detail have been redacted due to confidentiality.
Circumstances of School Playgournd Accident
At all material times the Claimant, was on a climbing frame on [date]. He was at a height of about 4 feet from the ground. He lost his footing. He went off the edge and he fell onto his left hand. He immediately following the incident, experienced pain over the left forearm. It is reported he went quiet. He was unable to complain and was subsequently taken home.
Medical Treatment and Injuries (6 week injury)
His mother was distressed about his condition and took him to NHS direct initially. Subsequently he was advised to go to the local hospital as he had a significant fall from a height of 4 feet. The Claimant subsequently attended the A & E Department Hospital and was examined. He was subsequently discharged. The next morning the claimant returned to the hospital. He was assessed and had further x-rays. He was told that he had a fracture in his left forearm.
The Claimant was treated with an above elbow plaster cast for 3 weeks. Thereafter, he has had no further treatment. He took pain medication for a week after the incident. Thereafter he has had no further treatment.
It is reported that there was swelling after the school playground accident. This had settled down by the time the cast was removed. The Child claimant did not notice any bruising after the incident and had pain until a couple of weeks after the cast was removed. He started using his left arm normally after a couple of weeks after the cast was removed. The child is left hand dominant.
Within 5-6 weeks after the incident the claimant’s left forearm symptoms had totally settled down. Thereafter, he has had no on-going left forearm symptoms. The claimant gives no history of left forearm injuries in the past.
Psychological after effects
The Claimant was potty training at the time of the incident. As his left arm was in a cast this got delayed.
Opinion and Prognosis by The Orthopaedic Surgeon
“He had sustained a greenstick fracture of the distal radius in his left forearm in an incident when he fell off a climbing frame on [date.] His symptoms are consistent with the injuries sustained in the incident on [date.] . On the balance of probabilities the Claimant’s above injury has been caused by the incident on [date.] . The Claimant was unable to attend his nursery for a week after the incident. On the balance of probabilities this is as a result of the incident on [date.]. The Claimant required care and assistance from his mother for 3 weeks after the incident. On the balance of probabilities this is as a result of the incident on [date.]
The Claimant had sustained a greenstick fracture of the distal radius in his left forearm. This was treated in a cast for 3 weeks. On the balance of probabilities the above treatment was required because of the incident on 1[date.] .
The Claimant had swelling which had settled down by the time the cast was removed. His left forearm symptoms had settled down within 6 weeks the incident. Thereafter, he has had no ongoing left forearm symptoms. Currently, he is asymptomatic. Clinical examination of the left forearm and elbow was within normal limits. I do not foresee any long-term complications from the injuries sustained on [date.] The review of medical records are consistent with the injuries sustained by the child injury claimant on the incident on [date.] ”
Child injury compensation following school playground accident.
Following negotiations with the School’s insurance company; the child accident solicitors obtained the sum of £3,950 compensation for the greenstick fracture of the forearm of the child which was approved by the court.