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.
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.
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.
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.
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