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if I have a case about an accident in parks and playgrounds
There are no specific laws applying to parks or playgrounds but several pieces of legislation do cover child injury claims when the cause of the accident is the operator’s a failure to maintain equipment or carry out a risk assessment.
A claim for negligence against a playground owner or operator could for example be made under the Occupiers' Liability Act or if the play equipment used did not comply with various British and European standards.
You would have a case for making a claim about a playground injury if you can prove that the provider was careless and your child was injured in a completely foreseeable way. In this as in all civil cases, the standard of such proof need only be ‘on the balance of probabilities’.
Injury due to decaying or inadequately maintained playground equipment undoubtedly qualifies as foreseeable harm. An operator’s failure to discover and fix the problem would be sufficient basis upon which Access Legal could make a successful claim.
Where children are involved, the courts expect much greater care to be taken by those responsible for safety. That duty of care must be pro-active, protecting the child against a particular accident. Risks must be identified and measures must be taken to eliminate them.
If the operator or provider failed in any of these duties, our team at Access Legal may be able to help you make a claim on behalf of your child.