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    "If you've been injured through no fault of your own you could be entitled to compensation. If you're unsure if you could claim, I recommend you call Accident Advice Helpline."

    Esther Rantzen

    If your child gets hurt at the common, who is at fault?


    Who is at fault if your child gets hurt at the common depends on what happens when, why and how.

    When a child gets hurt at the common

    If, for example, your child gets hurt at the common while messing about in the dark or in an inappropriate manner, any injuries they may sustain would be entirely their own fault.

    If, on the other hand, your child gets hurt at the common because provided play equipment is damaged or defective, fault would lie with the authority responsible for the upkeep of such equipment.

    In a similar manner, an injury by tripping and falling over debris or a large pothole in a footpath would mean whoever is responsible for the maintenance of the footpath would also be responsible for the trip and fall injury.

    No-fault mishaps

    Whoever is at fault when someone is hurt at the common could potentially be held liable to compensate the injured party for their pain and suffering. In other words, if your child or you sustained an injury in an accident at the common, be it a slip, trip or fall or an accident involving faulty or damaged equipment, for example, you may be able to make a personal injury claim against the responsible party.

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    Supporting evidence

    In order to make a successful claim for compensation, it is necessary to provide evidence supporting your claim by showing that the person you intend to claim against was indeed responsible for the accidental injury.

    Such evidence should, if possible, include photographs of the injury, as well as the scene of the accident.

    Photographs

    In the case of slips, trips and falls, this could, for instance, be photographs of the offending pothole or debris. If damaged or faulty playground equipment caused an injury, this would be pictures showing the damage in question.

    Other evidence

    You should also secure contact details of any witnesses so they can provide statements later. It is also of utmost to get the injury attended to by medical professionals, at a hospital or your local doctor’s surgery, as this ensures that:

    • The injury is properly diagnosed and treated; what looks like a slight bump on the head could, in fact, be a serious concussion
    • The injury and any treatment or medication required to aid recovery are properly documented within your/your child’s medical records

    We, Accident Advice Helpline, can assist you in gathering all necessary evidence and support you throughout every step of the claim process.

    Discover how our in-house solicitors can help you by talking to our advisors on freephone 0333 500 0993 from your mobile, or 0800 689 0500 from a landline, now.

    Date Published: August 1, 2016

    Author: Accident Advice

    Accident Advice Helpline (or AAH) is a trading style of Slater Gordon Solutions Legal Limited. Slater Gordon Solutions Legal Limited is a company registered in England and Wales with registration number 07931918, VAT 142 8192 16, registered office Dempster Building, Atlantic Way, Brunswick Business Park, Liverpool, L3 4UU and is an approved Alternative Business Structure authorised and regulated by the Solicitors Regulation Authority. Authorised and regulated by the Financial Conduct Authority.

    Disclaimer: This website contains content contributed by third parties, therefore any opinions, comments or other information expressed on this site that do not relate to the business of AAHDL or its associated companies should be understood as neither being held or endorsed by this business.

    No-Win No-Fee: *Subject to insurance costs. Fee payable if case not pursued at client's request.