Can I Make A Public Park Accident Compensation Claim?

In 2017, there were an estimated 27,000 parks and green spaces in the UK. Millions of people every year go to public parks to reconnect with nature and enjoy play equipment, and they expect these spaces to be safe. But what happens when they aren’t?

If you’ve suffered an injury that wasn’t your fault, you might be able to make a public park accident compensation claim. At Public Interest Lawyers, we believe that everyone should be able to access legal help when they need it. That’s why we work with a talented panel of No Win No Fee solicitors, who aim to make legal representation accessible for everyone.

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The public liability claims process can seem complicated, especially if you don’t have any prior legal experience, but we are here to help. Our team of advisors are on hand to answer any questions you might have about making a claim when you get in touch by:

A child playing on a swingset in a public park

Frequently Asked Questions 

  1. Can I Make A Public Park Accident Compensation Claim?
  2. Can I Claim If My Child Had An Accident In A Park?
  3. Public Park Accident And Injury Examples
  4. How Much Compensation Can I Get For Being Injured In A Public Park?
  5. How Can I Prove Liability After A Public Park Injury?
  6. How Long Will I Have To Start A Public Park Compensation Claim?
  7. No Win No Fee Public Park Accident Compensation Claims
  8. More Information

Can I Make A Public Park Accident Compensation Claim?

Yes, you can make a public park accident compensation claim if your injuries were caused by someone else. But first, you need to establish negligence. This term can have a lot of different meanings, but in a legal setting, it means that:

  • You were owed a duty of care (Someone else was responsible for your health and safety)
  • They breached this duty of care
  • You got hurt as a result of this breach

When you’re out in a public park, you’re owed a duty of care by a few different parties. These are set out by some important pieces of legislation, including:

  • The Occupiers’ Liability Act 1957: This states that when you’re in a public space, the person in control of that space owes you a duty of care. To fulfil this, they need to ensure your reasonable safety while visiting.
  •  The Health and Safety at Work etc. Act 1974: Section 3 of this legislation states that in spaces run by councils, they need to ensure that the public, as non-employees, are not exposed to health and safety risks.
  • The Highways Act 1980: Councils have a duty to maintain paths and pavements that they are responsible for, including some in public parks.

This means that if you or your child were injured by faulty play equipment, a defective path, or a similar risk that the person in control of that space was aware of, you could potentially make a claim.

Contact our team today to start your free consultation and find out if you could be entitled to compensation. Or, keep reading to find out if you could make a claim on behalf of your child.

Can I Claim If My Child Had An Accident In A Park?

Yes, you can make a claim if your child was injured in a park. To do this, you need to act as their litigation friend. A litigation friend is an adult who makes a claim on behalf of someone who cannot claim for themselves, either because they are:

  • A child under the age of 18
  • Lacking the required mental capacity to make their own claim

When you act as a litigation friend, you have a duty to handle the claims process and to act in your child’s best interests. For example, this means you need to do your best to keep them informed about the process and pay any costs ordered by the court.

If you’re interested in making a public park accident compensation claim on behalf of your child, contact our team of advisors today.

A man walking behind caution tape put up by local authorities after an accident in a public park

Public Park Accident And Injury Examples

Unfortunately, public park accidents can happen to anyone. There are countless ways that you could be injured in a park, but it’s important to remember that negligence needs to occur in order to make a claim. For example, negligence in a public park could look like:

  • The council are aware that a swingset in a park is broken, but they do not signpost this error or make any effort to have it repaired. This causes it to collapse while your child is using it, resulting in serious head injuries and major bruising.
  • Despite being aware of a dangerously uneven paving slab, the council does not mark the defect or attempt to have it repaired. This causes you to slip and fall, resulting in a concussion and a broken arm.
  • Despite being reported as broken, the council allows a defective picnic bench to remain in use. When you sit on it, the wood splinters in two and pierces your leg, damaging the nerves and resulting in a partial amputation.

We are here to help. If you or your child has been injured in a park, our advisors can offer you a free consultation. This can help to give you an idea of whether or not you could be entitled to public park accident compensation, with no obligations and no strings attached.

How Much Compensation Can I Get For Being Injured In A Public Park?

One of the most common questions we get regarding the public park accident claims process is, “How much compensation could I get?” Naturally, you’d want to know how much you could get from a successful claim, especially when many injuries can bring unforeseen financial consequences.

Because of this, personal injury compensation is split into two heads. The first heading that we’re going to talk about is called general damages, and this covers your injuries, their severity, and the effect that they have on your quality of life.

Often, solicitors and other professionals will use the Judicial College Guidelines (JCG) to help them calculate this head of your claim. This is because the JCG outlines guideline brackets of compensation for different injuries, illnesses, and conditions.

You can find some examples of these brackets in the table below, but please note that these aren’t guaranteed brackets. It’s also important to note that the first figure in this table is not from the JCG.

InjuryCompensation
Multiple severe injuries and special damages, which might include lost earnings or the cost of childcareUp to £1,000,000+
Very Severe Brain Damage£344,150 to £493,000
Severe Back Injuries (ii)£90,510 to £107,910
Severe Leg Injuries (iii) Serious£47,840 to £66,920
Chest Injuries (c)£38,210 to £66,920
Severe Pelvis And Hip Injuries (iii)£47,810 to £64,070
Less Severe Arm Injury£23,430 to £47,810
Moderate (i) Neck Injuries£30,500 to £46,970
Serious Shoulder Injuries£15,580 to £23,430
Moderate Hand Injury£6,910 to £16,200

Public Park Accident Special Damages

The second head of compensation that you could get from a public park injury claim is called special damages. This heading helps you recoup any financial losses resulting from your injuries.

For example, this might include the cost of:

  • Current and future lost earnings, bonuses, or pension contributions
  • Childcare
  • Prescriptions
  • Medical treatment
  • Mobility aids, like a cane or a wheelchair
  • Physical therapy
  • Counselling
  • Travel to and from appointments

It’s important to keep in mind that you’ll need evidence to prove that your injuries caused these losses. Keeping relevant invoices, bills, and receipts can help you with this. Keep reading to learn more about proving a public park accident compensation claim, or contact our team if you’re ready to get started.

A public park accident claims compensation calculator used to help calculate personal injury compensation

How Can I Prove Liability After A Public Park Injury?

One of the most important steps in the claims process is gathering evidence to strengthen your case. This is also one of the factors that will affect how much compensation you get, because the amount you receive will depend on the severity of your injuries.

You can prove a public park claim with evidence such as:

  • Medical records, including scans and X-rays of your injuries
  • Photographs of any visible injuries, like cuts or bruises
  • CCTV footage of the accident, if the park was fitted with a CCTV system
  • Photographs of the accident site, such as a broken bench or an uneven paving slab
  • The contact details of anyone who witnessed the accident, which allows their statements to be taken later

If this all seems complex or daunting, don’t worry; you don’t need to do it alone. We partner with a panel of expert public liability solicitors, and they can focus on proving your claim while you focus on your recovery.

How Long Will I Have To Start A Public Park Compensation Claim?

Usually, you have 3 years to start a public park accident compensation claim. This time limit applies to all personal injury claims and is set out by the Limitation Act 1980.

However, this time limit does not apply to those who can’t make their own claims, either because they are under 18 or because they lack the required mental capacity. In both of these cases, a litigation friend can handle the claim on their behalf, but they need to be aware of the exceptions to the time limit.

For those under the age of 18, a litigation friend can make a claim at any point until they turn 18. If a claim hasn’t already been made, they’ll have three years from their birthday to make one themselves.

The time limit is not enforced for those lacking the mental capacity needed to claim unless they recover. This isn’t always possible, so a litigation friend can make a claim on their behalf at any point.

Don’t wait to start your claim; contact our team of expert advisors today to find out if you are within the time limit, or keep reading to find out how our panel of solicitors can help.

No Win No Fee Public Park Accident Compensation Claims

At Public Interest Lawyers, you are our number one priority. We believe that everyone deserves legal help when they need it, and so does our panel of solicitors. This is why they offer all of their clients a No Win No Fee Agreement.

Specifically, they provide accessible legal representation through something called a Conditional Fee Agreement (CFA). This allows you to access their cutting-edge services and benefit from their decades of experience without paying for it:

  • Upfront
  • As the claim is ongoing
  • At all, if the claim fails

That means if you don’t get compensation, then you don’t need to pay for your solicitor’s work. Our panel of solicitors work tirelessly for claimants all over the country, helping those who need it seek justice and compensation. They can help you:

  • Strengthen your claim with evidence
  • Make sure you are within the time limit
  • Communicate with the other parties involved
  • Negotiate a settlement that you deserve

Why wait? Get in touch with us today to learn more about how a solicitor from our panel could help you.

Contact Public Interest Lawyers

Are you ready to get started, or do you have more concerns? Whatever it is you need, we are here to help. Get in touch with a member of our team today by:

Two personal injury solicitors help a client make a public liability claim on a no win no fee basis

More Information

To learn more about making a claim for an injury in a public place:

Or, to find more helpful resources:

Thank you for reading our guide on how to make a public park accident compensation claim.