This guide will explore when a claim could be made for injuries sustained in an accident in a park. There are various ways an accident could occur in a park. For example, a trip on unmarked hazards, being thrown from your bike by broken tarmac in a cycling accident or cutting yourself on discarded glass are all scenarios that could leave you injured in parks.
Accident in a park claims guide
However, not all accidents could form the basis of a valid claim. You must prove that a third party’s negligence caused you harm. Negligence involves a third party owing you a duty of care, breaching the duty of care and causing you to sustain harm as a result.
Often, the local council is the party in control of a park. As such, they owe you a duty of care. However, there may be instances where another party owes you a duty of care. For example, if a park is attached to another property, such as a pub or restaurant, they may be the party in control of the space. We will explore who may have owed you a duty of care and what this entails further in our guide.
Additionally, we will explore the process of seeking compensation for your injuries and the compensation you could be awarded should your claim succeed.
You can read the sections below to learn more. Alternatively, you can get in touch with our advisors for free legal advice, 24 hours a day, 7 days a week by:
- Calling 0113 460 1216
- Filling out our online contact form online
- Speaking with an advisor via the live chat feature below.
Choose A Section
- What Is An Accident In A Park?
- Examples Of Potential Park Accidents
- Does A Park Accident Indicate A Duty Of Care Breach?
- How Much Is An Accident In A Park Worth?
- Benefits Of No Win No Fee Agreements
- Guidance On Accident In A Park Claims
What Is An Accident In A Park?
Parks often include cycling tracks, play areas for children and even outdoor fitness equipment for adults to use. All these facilities must be maintained to ensure your reasonable safety. If they are not, an accident in a public place, such as a park could occur causing you to sustain harm.
After sustaining an injury, you may be experiencing an impact on several aspects of your life, such as financially, emotionally or physically. In some circumstances, you may be able to seek compensation for the way in which your injuries have impacted your quality of life.
However, you would need to prove that negligence occurred. This involves someone breaching the duty of care that was owed to you and results in you sustaining harm.
To learn more about the duty of care you may have been owed, continue reading. Alternatively, get in touch to find out when you could be eligible to seek compensation for injuries sustained in an accident in a park.
Examples Of Potential Park Accidents
The party in control of a public space owes those visiting the space for it’s intended purpose a duty of care under the Occupiers’ Liability Act 1957. This means they have a responsibility to ensure the reasonable safety of those visiting the space.
As mentioned, for a park, the party in control of the public space could be your local council. The responsibilities they have as part of their duty of care could include carrying out regular risk assessments and addressing any hazards found to pose a risk of injury in a timely manner. If they fail to do so, it could lead to you suffering an injury in an accident in a park.
Examples of accidents could could occur in a park might include:
- Slips, trips or falls from raised tree roots or pavement stones
- Fractures or cuts may result from faulty exercise equipment
- Unmarked steep banks that pose a risk of falling into water and causing harm.
To find out when a public liability claim could be made, please get in touch on the number above.
Does A Park Accident Indicate A Duty Of Care Breach?
As mentioned, not all park accidents could form the basis of a valid claim because the duty of care you were owed may not have been breached. In order to seek compensation, you must be able to prove you were injured due to a third party’s negligence.
There are several steps you could take to support your potential claim for injuries sustained in an accident in a park. For example, you could gather evidence, such as:
- Medical records, such as a report from the doctor or hospital
- Photographic evidence such as pictures of the hazard and your injuries
- CCTV footage
- Witness contact details
After an accident, a personal injury solicitor may arrange a medical assessment with an independent medical professional. This can generate a medical report detailing the full extent of your injuries and the future prognosis. This report can also be used as evidence to support your claim.
In addition to collecting evidence, you could seek legal advice from our team. They can assess your claim to determine whether a personal injury solicitor from our panel could represent your case.
To learn more about the evidence needed for a personal injury claim, please get in touch on the number above.
How Much Is An Accident In A Park Worth?
A personal injury solicitor can use medical evidence alongside the guideline compensation brackets for different injuries listed in the Judicial College Guidelines to help them value the general damages head of claim. General damages seek to compensate for the pain and suffering caused by your injuries. This is one of the heads that could make up your settlement following a successful claim.
We have included these figures in the table below. However, you should only use them as a guide because your actual settlement amount could differ.
| Injury | Details | Guideline Compensation Bracket |
|---|---|---|
| Hand Injury | (c) One hand has been totally or effectively lost. | £96,160 to £109,650 |
| Hand Injury | (f) Severe finger fractures causing deformity, impaired grip, reduced function and disturbed sensation. | Up to £36,740 |
| Elbow Injury | (b) Less severe injuries that cause impaired function but no major surgery or significant disability is involved. | £15,650 to £32,010 |
| Arm Injury | (c) Less severe injury causing a significant disability but a substantial recovery will have occurred. | £19,200 to £39,170 |
| Wrist Injury | (b) Injuries that cause significant and permanent disability but some useful movement remains. | £24,500 to £39,170 |
| Pelvis Injury | (a) Severe (iii) Injuries in this bracket include an acetabulum fracture causing degenerative changes and instability of the leg. | £39,170 to £52,500 |
| Leg Injury | (b) Severe (iii) Serious injuries such as a compound or comminuted fracture. | £39,200 to £54,830 |
| Ankle Injury | (c) Moderate -Less serious disabilities from fractures, ligamentous tears and other similar injuries. | £13,740 to £26,590 |
| Knee Injury | (b) Moderate (i) Injuries in this bracket involve dislocation, torn cartilage or meniscus. | £14,840 to £26,190 |
| Foot Injury | (g) Modest - Continuing symptoms from injuries such as simple metatarsal fractures, ruptured ligaments and other similar injuries. | Up to £13,740 |
The other head of claim that your settlement could comprise is called special damages. This head seeks to compensate for the financial losses caused by your injuries. For example:
- Loss of earnings, both past and future
- Care costs
- Cost of home adaptations
- Medical expenses
- Travel expenses
However, you will need evidence to support your claim for special damages. This can include receipts, invoices or payslips.
To learn more about the compensation you could receive following a successful claim for injuries sustained in an accident in a park, get in touch on the number above.
Benefits Of No Win No Fee Agreements
A No Win No Fee method of claiming could offer several benefits. For example, you won’t need to pay upfront or ongoing costs for the services your solicitor provides.
A No Win No Fee solicitor from our panel could offer their services under a Conditional Fee Agreement (CFA). This generally means that if your claim is unsuccessful, there is no requirement to pay for their services.
If the claim succeeds, an amount of your compensation is taken. This is called a success fee to which a legal cap applies.
To find out more about whether a solicitor from our panel could represent your claim via this type of method, please using the following details to get in touch. An advisor can also discuss what services they could offer and how they could benefit you.
Make An Accident In A Park Claim
We hope this guide has provided you with the information you need to make a claim for injuries sustained in an accident in a park. However, if you have any other questions regarding your potential claim, you can get in touch by:
- Calling 0113 460 1216
- Filling out our online contact form online
- Speaking with an advisor via the live chat feature below.
Guidance On Accident In A Park Claims
Below, we have provided some additional resources that you may find helpful:
- Different types of personal injury claims
- Can I claim for an accident at work?
- Time limits for personal injury claims
- NHS – Accessing your medical records
- Royal Society for the Prevention of Accidents – Safety on children’s play areas
- GOV – Compensation after an accident or injury
Thank you for reading this guide on making a claim for harm sustained in an accident in a park. If you require any further information, get in touch on the number above.
Writer Jeff Wallow
Editor Meg McConnell