Playground accidents can cause serious injuries, especially for children. In Queensland, it may be possible to claim compensation for injuries sustained in a public playground, but certain criteria must be met regarding negligence.
When Compensation May Be Possible
Compensation for playground injuries is typically available when:
- The injury occurred due to negligence of the playground owner or operator
- The injury was not a result of the inherent risks associated with normal playground use
- The injured person is under 18 years old (in most cases)
- The claim is made within the required time limits
It's important to note that not all playground accidents will cause successful compensation claims. Each case is assessed on its individual merits.
Rights to Compensation for Children
Children under 18 have the same compensation rights as adults, but the claim process differs slightly.
Key points include:
- A parent or legal guardian must act as a "litigation guardian" to make the claim on behalf of the child
- The court must approve any settlement reached for a child's claim
- Compensation funds are typically held in trust until the child turns 18
Proving Negligence vs Inherent Risk
To successfully claim compensation, you must prove that the injury was caused by negligence rather than being an inherent risk of playground use.
This involves demonstrating that:
- The playground owner/operator owed a duty of care
- They breached this duty through action or inaction
- The breach directly caused the injury
Examples of potential negligence include:
- Faulty or poorly maintained equipment
- Inadequate soft-fall surfaces
- Lack of appropriate supervision (in certain settings)
- Failure to address known hazards
However, some risks are considered inherent to playground use, such as minor falls or bumps during normal play. These typically won't cause successful claims.
Starting a Claim on Behalf of a Child
To initiate a claim for a child injured in a playground:
- Seek medical attention and document all injuries
- Gather evidence (photos, witness statements, incident reports)
- Consult with a personal injury lawyer experienced in public liability claims
- The parent or guardian becomes the "litigation guardian"
- The lawyer will help prepare and submit the claim within required timeframes
Challenges in Playground Injury Claims
Playground injury claims present several challenges, making the pursuit of compensation complex. Proving negligence can be particularly difficult, as it often requires demonstrating that the injury resulted from a failure to maintain safe conditions or adequate supervision.
This is complicated by the need to balance safety expectations with the inherent benefits of risk-taking in children's play, which is essential for their development. Establishing that an injury was due to negligence rather than an acceptable risk can be nuanced and demands thorough evidence.
Another significant hurdle is the potential reluctance of witnesses, often other parents, to get involved. This reluctance can stem from a desire to avoid conflict or inconvenience, which can hinder the collection of crucial testimonies.
Who Are Claims Made Against?
Playground injury claims are typically made against:
- Local councils (for public parks and playgrounds)
- Private businesses (for playgrounds at shopping centres, pubs, etc.)
- Schools (for injuries on school grounds)
- Manufacturers (if equipment was faulty)
The public liability insurer of the responsible party usually handles the claim.
Common Playground Injuries
While many playground accidents result in minor scrapes and bruises, more serious injuries can occur, including:
- Fractures and broken bones
- Head injuries and concussions
- Cuts and lacerations requiring stitches
- Sprains and strains
- Dislocations
- Internal injuries (in severe cases)
The severity and long-term impact of the injury will be factors in determining compensation.
Your options for playground injury claims
While it is possible to claim compensation for playground injuries in Queensland, success depends on proving negligence and that the injury wasn't simply an inherent risk of play. If your child has been seriously injured in a playground accident, it's advisable to consult with a personal injury lawyer to assess your options.
Smith’s Lawyers are public liability claim experts and offer free initial advice Queensland-wide and run all claims on a risk-free basis with no upfront costs.
