Child's Playground Accident — £20,500 Compensation for a Broken Arm on Uneven Tarmac
WHAT HAPPENED?
Our client's child was playing in their local park when they tripped over a section of raised tarmac that had not been properly maintained. The fall broke the child's arm.
Public spaces used by children are expected to be kept safe, and uneven surfaces like this are a common — and preventable — cause of injury.
HOW WE HELPED
Claims on behalf of children work differently from adult claims, and parents are often unsure where to start. We explained the process clearly from the outset, and brought the claim on the child's behalf with a parent acting as their litigation friend.
We investigated the condition of the surface and how it had come to be left in that state. Because the injured person was a child, valuing the claim meant considering not just the immediate injury but how a broken arm might affect a growing child over the longer term.
THE OUTCOME
We investigated the claim and secured £20,500 in compensation for the family.
COULD YOU MAKE A SIMILAR CLAIM?
Whoever is responsible for a park, playground or other public space has a duty to take reasonable care to keep it safe for the people who use it — and where those people are children, what counts as reasonable takes that into account.
Two things parents are often surprised to learn:
The time limit works differently for children. In England and Wales, a child's three-year time limit does not begin until their 18th birthday, so a claim can normally be brought at any point up to their 21st. That said, evidence gets harder to find as time passes.
A parent can claim on the child's behalf. A child cannot bring a claim themselves, so a parent or guardian acts as their litigation friend. Where a settlement is reached, the court reviews it to make sure it is in the child's best interests, and compensation is normally held for the child until they turn 18.
COMMON QUESTIONS
CAN I CLAIM COMPENSATION FOR MY CHILD’S ACCIDENT
Yes. A child cannot bring a claim in their own name, so a parent or guardian brings it on their behalf as a litigation friend. The process is designed with safeguards built in, including court approval of any settlement.
HOW LONG DO I HAVE TO CLAIM FOR A CHILD’S INJURY?
Longer than for an adult. In England and Wales the three-year time limit does not start running until the child turns 18, so a claim can usually be brought until their 21st birthday. Claiming sooner is still better — witnesses move on and maintenance records don't last forever.
WHO IS RESPONSIBLE IF A CHILD IS INJURED IN A PUBLIC PARK?
Usually the organisation responsible for maintaining the space — often the local council, sometimes a private operator or housing provider. Whether a claim succeeds normally turns on whether the hazard should have been identified and repaired through reasonable inspection and maintenance.
HAS YOUR CHILD BEEN INJURED IN A POORLY MAINTAINED PUBLIC SPACE?
We know how worrying it is when it's your child who's been hurt. Call 0330 818 1202 and we'll explain your options clearly, free of charge and with no obligation.