By Lewis Houston. Last Updated 10th August 2023. Although you may not realise it, one of the most common sources of personal injury claims for public place accidents in the UK is those that occur in public parks. They come in all shapes and sizes, with various features such as pathways, lakes and animals which can all contribute to unwanted accidents. For the most part, an afternoon walk or picnic is a pleasurable activity, but when unforeseen events shadow the day it’s good to know that you can claim compensation for your injury.
If you have been involved in an accident at a public park, therefore, and it was due to negligence either because of poor maintenance of the park or unsafe equipment, you may be eligible to make a claim for compensation. Read on for our guide of what to do if you’re involved in an incident in a public park, and how you can make a claim which will be successful.
Who Is Responsible For Public Park Accidents?
Local councils are usually the organisations who build and maintain public parks. While it is true that they are not responsible for supervising members of the public using a park, they do have a legal responsibility to ensuring it can be used by everyone and is sufficiently maintained.
Children are not expected to be nearly as aware of risks as adults are, and this fact should be identified in the way the park has been designed and looked after. This includes:
- Correctly installing high quality and safe equipment and other facilities
- Regularly conducting risk assessments
- Regularly conducting maintenance checks
- Ensuring the park is kept clean and tidy
- Ensuring that animals on the grounds are cared for
- Making sure road and walkway surfaces are accessible
When accidents happen involving children in a park, is almost always because the council have not fulfilled their duty in one way or another. The duty of care local councils have falls under what is known as ‘tort’ or ‘common law’. Essentially this means, if a child or even adult suffers an injury due to faulty equipment or a hazard that has not been properly marked and cordoned off in a park, the local council could be liable to pay compensation.
Understanding Park Accidents A Little More
Around 40,000 children end up in hospital on a yearly basis, as a result of accidents occurring in playgrounds (and public parks too). A surprisingly high 40% of those are related to issues with park and playground equipment. These statistics were reported by the Royal Society for the Prevention of Accidents.
The most common claims for compensation from personal injuries suffered in a public park include:
- Equipment not being installed correctly
- Equipment being unsuitable for the age range
- Incorrect layout or design – the wrong material for surfacing for instance
- Failure on the local council’s part to comply with regulations
- Badly designed equipment
- Insufficient maintenance checks
How Do You Make A Compensation Claim and Prove Liability?
When you or one of your children are involved in an accident at a public park that was not your fault, first and foremost you should seek appropriate medical attention as soon as possible. This could involve a visit to the hospital and even an overnight or longer stay there. Next, you need to inform the particular council that has responsibility for the park where the accident occurred.
You should make a note of the location, time and date of the accident. Any evidence that you can gather from the accident’s location, including contact details for eyewitnesses and photographs of injuries and the equipment or surface or conditions that caused the accident. If possible and available, footage recorded on CCTV may also be recalled if possible. We have a guide which goes into the frequently asked questions regarding public liability claims which you can check out here.
After you have reported to the council about the accident, the council will normally investigate it and write up a report. This will be useful when it comes to making your compensation claim. Don’t worry though, if because of the stress and upheaval after the accident occurred, you didn’t contact the council regarding the accident. You will still be able to make a personal injury claim.
How Much Compensation Could You Claim?
If you are eligible to make a personal injury claim against a council, you may be awarded general and special damages as part of your compensation settlement.
General damages are awarded to all successful claimants and compensate you for the physical and mental suffering you have endured due to your injuries.
The Judicial College Guidelines (JCG), is a document many legal professionals will use to help them when valuing this head of claim. This is because the JCG provides a list of guideline compensation amounts for different injuries at various severities.
We have included some of the amounts stated in the 16th edition of this document in the table below.
Please only refer to it as a guide.
Injury | Notes | Compensation Range |
---|---|---|
Severe Neck Injuries (i) | Little to no movement in the neck despite having worn a collar 23 hours a day for a number of years. | In the region of £148,330 |
Severe Back Injuries (i) | Injury is caused to the spinal cord and nerve roots resulting in significant consequences. | £91,090 to £160,980 |
Severe Shoulder Injuries | Damage is caused to the brachial plexus causing severe disability. | £19,200 to £48,030 |
Wrist Injuries | Function in the wrist is completely lost. | £47,620 to £59,860 |
Serious Hand Injuries | Hand capacity is reduced to around 50 per cent. | £29,000 to £61,910 |
Serious Leg Injuries | It is almost inevitable that arthritis will ensure due to injuries. | £39,200 to £54,830 |
Severe Knee Injuries (i) | Serious disruption of the joint causes considerable pain. | £69,730 to £96,210 |
Very Severe Ankle Injuries | Extensive soft-tissue damage results in the ankle becoming deformed. | £50,060 to £69,700 |
Severe Foot Injuries | Mobility is restricted due to fractures of both heels. | £41,970 to £70,030 |
Serious Toe Injuries | Two or more toes are crushed or fractured. | £9,600 to £13,740 |
Less Severe Post-Traumatic Stress Disorder | A full recovery is made within two years with only minor symptoms persisting afterwards. | £3,950 to £8,180 |
Special damages may also be awarded if you make a successful personal injury claim. This aims to compensate you for the financial losses you have experienced that have been directly caused by your injuries. You will need to provide evidence of these losses in order to claim them back, such as your bank statements and invoices.
Some examples of the losses you could claim back under special damages include:
- Medical expenses.
- Necessary travel expenses.
- Loss of earnings.
For more information regarding council compensation payouts in the UK, speak to our advisors for free at any time.
Learn More About Making A Compensation Claim
Below, we’ve included links to some of our other guides that we think you may find useful:
- How to get a personal injury lawyer for your claim
- How to claim compensation for an accident on injury
- Back injury at work compensation examples
- And see here for guidance on calculating back injury compensation
- Working with No Win No Fee solicitors
- How to claim for a wrong postal address data breach
- How is compensation calculated?
- Do employers have to pay for steel toe boots?
- Stolen or lost device data breach claims
- How to claim for a data breach caused by a failure to use BCC
- A guide to claiming data breach compensation
- How much for a dog bite injury?
- Can you sue someone for breaking your nose?
- Broken ankle at work – how much can I claim?
- Allergic reactions to bleach hair dye
- Slip and fall payouts
- How could a back injury lawyer help you?
- Carbon monoxide claims
- Carbon monoxide poisoning at work
- Claims for a broken hand at work
- Broken pelvis claims
- Bicycle crash claims
- Your rights after an accident at work
- Back pain compensation claims
- Accident at work compensation examples
- Ankle injury compensation claims
- Broken hand injury at work claims
- How to make a claim for a bus crash
- Car park accidents
- Claim for a chemical burn from foot peels
- Can you sue for assault?
- Working with personal injury solicitors that represent children
- Can you be sacked for having an accident at work?
- Sue for falling on someone’s property
- Assaulted at work
- Corneal abrasion claims
- What to do if you have a cycling crash
- Claims against the council for personal injury
- Car crash on a public road
- Claims for a broken humerus
- Personal injury claims explained
- Eye injury claims
- Cyclist claim against a motorist
- Claims for degenerative disc disease aggravated by a car accident
- UK GDPR claims
- Injured by a forklift in a warehouse
- CICA payouts and how to claim
- Building and construction accident claims
- Grievous bodily harm claims
- Can you claim for a fall at work?
- Data breach compensation examples
- How to make a car crash compensation claim
- Who is liable for employee car accidents?
- How does No Win No Fee work?
- How long does a medical negligence case take?
- Claims for a cut finger at work
- Herniated disc claims
- Compensation claims for a motorcycle accident
- Claiming compensation for a fall
- Compensation for a broken foot
- Groin injury compensation claims
- Claim compensation for a broken wrist
- Cycle accident compensation claims
- Claim for a burnt chest caused by hot food
- Herniated disc compensation awards
- Claiming knee injury compensation in the UK
- Am I limited to local solicitors for No Win No Fee claims?
- Can I make a claim if someone causes an accident by undertaking?
- Burn injury at work claims
- How to claim through the CICA
- Can you get compensation for being stuck in a lift?
- 5 driving laws you may have broken without knowing it
- Public Bus Accident Compensation Claims Guide
We also have some other guides you may find useful:
- Compensation for the loss of a limb
- How to claim compensation after an accident at work
- Fractured sternum compensation claims
- Working with a No Win No Fee data protection solicitor
- Is it worth using a concussion compensation calculator?
- Claiming compensation for a bicycle accident
- Minor brain injury compensation claims
- How to make a motor injury claim for compensation
- How to make a hip injury claim
- Farm accident compensation claims
- Chemical burn at work compensation claims
- Minor personal injury claims explained
- How long do you have to claim for an accident at work
- How to prove a personal injury claim
- Factory forklift truck accident claims
- Lumbar spine injury claims
- HGV and lorry accident claims
- How to claim compensation for lower back pain after a car accident
- Can you sue a doctor for negligence?
- Multiple injury claims – how are they calculated?
- Can you claim for a minor accident at work?
- How to use a loss of earnings calculator
- Slip and fall head injury settlements explained
- Sexual assault and rape compensation claims
- How to make a personal injury claim for psychological damage
- How much are scar settlements worth?
- How do you claim for serious hand injuries?
- Sepsis claims – get help from medical negligence solicitors
- Kidney injury compensation claims
- How to claim compensation if prescribed the wrong medication?
- How injury at work solicitors can help you
- How to make a personal injury claim for depression
- How are personal injury claim payouts calculated?
- Taxi accident and injury compensation claims
- Scooter accident and injury claims
- Claim compensation for a misdirected fax data breach
- Credit card data breach claims
- Dental data breach claims
- What is an interim payment in personal injury claims?
- Claiming road accident compensation
- What are special damages?
- A guide to suing the council for uneven pavements
- HMRC data breaches
- Slip and fall in a restaurant – can you claim?
- Traumatic brain injury lawyers – get the help you need
- Can social services breach data protection?
- No Win No Fee claims against the council
- Police force data breach claims
- How to sue a nightclub for an injury
- Housing association data breach claims
- Private healthcare data breach claims
- NHS data breach claims
- I’ve been offered compensation without a solicitor, should I accept?
- Should I accept a personal injury offer of settlement without a solicitor?
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- Accident Book In Public Places Personal Injury Guide
- Child Accident In Public Place Compensation Claim Guide
- Public Highway Accident Claims Guide
- Public Street Injury Claims Guide
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