How Much Can I Claim For An Accident In A Public Park?
By Cat Way. Last Updated 11th September 2023. If you have you been involved in a public park accident we have created a guide to help you get the help and compensation you need. A trip to the park is a both a common and an enjoyable experience for many people across the country every day.
Many of us will visit the local park at least on a weekly basis, either to walk the dog, exercise or just relax. There are many different accidents which can occur in public places, such as on the pavement, the road or in a park. These accidents can often lead to injuries, ranging from simple bruises and sprains to more serious injuries which can affect your quality of life. At Legal Expert, we may be able to help you make a claim for the compensation which you deserve.
There are different laws which cover accidents in public places in contract to accidents in the workplace. Depending on where your accident occurred, you will need to bring a claim against the relevant authority. If your accident happened on a public highway you can bring a claim against the local authority. Most parks will also be managed by the local authority and as such your claim can be brought against them.
Select a Section
- Do I Have A Valid Public Park Accident Claim?
- Who Is Responsible For An Accident In A Park?
- How Can I Show Who Is Liable For An Accident In A Park?
- Slips, Trips And Falls In Public Parks
- What Can You Claim For After Suffering An Injury In A Park
- How Much Can I Claim For An Injury In A Public Park?
- Public Park Accident Claims With A No Win No Fee Solicitor
When you are in a public place, such as a public park, you are owed a duty of care by the controller of the space. A duty of care is a legal responsibility towards your health and safety, and in this case, is set out in the Occupiers’ Liability Act 1957. It states the party in control of the public space must take steps to ensure your reasonable safety.
In order to make a valid personal injury claim for an accident in a park, you have to be able to prove that:
- You were owed a duty of care
- This duty was breached
- You were injured as a result
In the UK, some public parks are controlled by the local council or authority. If they fail to uphold their duty of care, and you are injured as a result, then you may be able to make a claim.
To learn more about making a claim against the council for an injury in a public park, get in touch with our team of helpful advisors today.
Parks are designed to be used in lots of different ways by lots of different people through the day. Most parks in the UK are built and maintained by local authorities, but increasingly more public spaces are being built and managed by private developers.
Whilst they are built by local authorities, these bodies are not responsible for actively supervising users as they go about their business in a park. They do however have a responsibility to make sure that the park is maintained in a safe condition for people to use, with particular consideration to children.
The design and maintenance of the park and any playground equipment need to reflect the fact that children are not as aware of risks as adults are. Equipment needs to be correctly installed and maintained, as do other facilities children may use. These also need to be kept as clean and tidy as is reasonably possible in an outdoor environment.
Accidents to children can often happen as a result of the local authority (council) failing in their duty of care. These bodies need to be aware that children are much more likely to interact with hazardous materials in a park. Breaching this duty of care and an adult or child is injured as a result is a breach or tort law. As such the council can be held liable.
If you have had an accident in a public park there are several things which you need to do in order to be able to demonstrate who is liable for your injury. Your first step should be to seek medical attention for any injuries you have sustained. At this time you can also report where and how the accident happened. This, along with the nature and severity of your injuries can be recorded in a medical report. Your next step should be to inform the council or local authority which is responsible for this park or public space.
It is also very important to record the time, date and location where your accident happened. If possible, you should also try and gather any evidence you can at the site of the accident. This could be photographs of the cause of your accident as well as any witness statements and their contact details. All of this information can be helpful later in establishing the liability of the council or authority. It also means we can request CCTV images of the time and location.
Once you have reported an accident to the council, they will then begin an investigation of your accident or injury. This will also be useful when it comes to making your claim. However, you do not have to have made a report to the council before you bring your compensation claim.
Public spaces are designed to be spaces where a lot of people will be using them on daily basis. This heavy pedestrian traffic increases the chances of someone having an accident within the space. As such it is very important to establish who is responsible for maintaining the public park, whether it is the pavement and walkway through and around the parks, equipment or green areas. One of the most common types of accident in a public park, as with any public space will be a slip, trip or a fall.
Slips, trips and fall accidents in a park are a relatively common type of accident and can on occasion be a difficult type of accident to make a compensation claim for. Accidents in public parks can be difficult to process and you will need to bring a reasonable level of evidence that the accident happened and that the party responsible for the park is liable for your injuries. This is why working with a specialist personal injury solicitor is an important part of making a compensation claim.
What you can claim for and the amount of compensation which you can be awarded following an accident in a public park will depend on the circumstances of your accident. There are several things which people can typically claim compensation for after an accident. These include;
General damages: general damages are calculated based on the severity and type of injury. General damages also include calculations for how much pain and suffering that your injury has caused you. As such the amount awarded will vary from person to person. These can also include pain, hardship and even mental anguish.
Special damages: these types of compensation awards cover any financial costs or losses that arise as a result of your accident or injury. These are paid out to ensure that you are not left out of pocket after an accident in the park. Special damages can also include things such as travel expenses, loss of earnings and even long-term care costs.
Remember to go over these different kinds of compensation amounts with your solicitor to ensure that you claim back everything which you are entitled to.
If you make a successful claim, the amount of compensation will be settled between your solicitor and the third party responsible, or their insurance. This will be agreed upon based on the extent of your physical and emotional or even psychological injuries. The amount will take account of your long-term prognosis and costs which are arising from this. Below is a table with some of the different types of accident and injuries which can be sustained in a public park, as well as bands of compensation which may be paid out.
|This is also, known as Tetraplegia and is a extremely serious condition.|
|Brain damage||Moderately severe||£219,070 to £282,010||Very seriously disabled, including issues with partial paralysis, for example.|
|Brain damage||Moderate||£43,060 to £219,070||The amount compensation awarded will be determined by considerations such as, the effect upon concentration, cognitive abilities, and the effects to memory and senses (sight, hearing etc.).|
|Neck injury||Severe||£45,470 to In the region of|
|Dependent upon severity of break, plus ongoing pain and permanent side effects.|
|Neck injury||Moderate||£7,890 to £38,490||Dependent upon actual neck damage suffered and loss of motor movement plus ongoing pain.|
|Back injury||Severe||£38,780 to £160,980||Dependent on ongoing pain, severity of initial damage and long-term side effects.|
|Back injury||Moderate||£12,510 to £38,780||Dependent on ongoing pain, severity of initial damage.|
|Leg injuries||Serious||£39,200 to £54,830||Serious comminuted or compound fractures resulting in instabilities, lengthy treatment, a prolonged period of inability to bear weight.|
|Knee injuries||Moderate (i)||£14,840 to £26,190||dislocation injuries causing instability.|
The success of your claim will depend on whether or not the third party can be fully attributed liability for the accident and resulting injury. In certain cases, the person making the claim may also be partially responsible for the accident or their injury. This may result in the overall amount of compensation paid out being reduced in these cases.
You may want to consider getting help from a solicitor when making a public park accident compensation claim. If you discuss your case with our advisors, they may connect you with one of our solicitors who have experience with this type of claim.
Furthermore, one of our solicitors may agree to represent you in your public park injury claim on a No Win No Fee basis with a Conditional Fee Agreement. Under this arrangement, you won’t need to pay them any upfront or ongoing fees for their work. You also won’t be obligated to pay them for the services they have provided if your claim fails.
You will pay your solicitor a success fee if your claim is successful. This fee is a legally capped percentage that your solicitor will deduct from the compensation awarded to you.
Contact our advisors today to discuss your claim and see if you could be eligible to work with one of our No Win No Fee solicitors.
Our advisors can be contacted via the following ways:
Child Injury Claims
Find out how to bring a child injury claim, as well as finding out how much the claim may be valued at.
A useful guide on claiming against the council for negligence.
A helpful guide on injuries sustained in a wet floor accident.
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