Claiming Compensation For Child Accidents

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Find Out More: Accidents At School

Accidents Involving Children In The UK

Children are by nature both inquisitive and reckless, while remaining blissfully unaware of potential threats to their well being. Possessing neither the strength nor experience to deal with hazards they encounter in life, children are prone to accident and injury in multiple scenarios. Two million children are taken to hospital every year following an accident, while around 400,000 children a year are injured while at school. The majority of these accidents are the unavoidable consequence of children's behaviour while growing up. In some cases however a child may have been injured through no fault of their own, with parents or guardians having to bear the brunt of medical costs and the ongoing emotional fall-out. Claiming compensation for a child's accident is justified in these types of cases. An additional benefit is the fact that the hazard which caused the accident will be identified and eradicated. Another child will not face having an accident and getting injured in the same way.

Legal Implications Of Child Accidents

Children are particularly susceptible to both physical and emotional pain, and the principle concern of all parents following an accident will be the well being of their child. For this reason all cases involving children are handled by specialist solicitors with extensive experience of child accident compensation claims, and the associated services which an injured child may require. Under the Occupiers Liability Act 1957, the owner or occupier of any premises open to the public, including schools, will be liable if children are injured there due to the negligence of management or staff. Importantly children can claim for injuries at any time up to their 21st birthdays. The statutory time limit of three years for bringing a personal injury claim only begins to run from a child's 18th birthday, as children are not deemed be be capable of deciding whether to bring legal action before that age. Before the age of 18 a child is a 'protected party', and a 'litigation friend' may bring a compensation claim on a child's behalf. This will most often be a child's parents, guardians or close relatives.

Read More In Our Blog About: Children, Protected Parties and Litigation Friends

Where Child Accidents Occur

Child accidents may occur in almost any location and in any circumstances. Children may be involved in accidents in the street, in the car, in a shop, in the park or at school. At the time the child may be alone, with friends or with parents. Slips, trips and falls are the most common cause of injuries to children. Children may fall in the street, or in large shops such as supermarkets, where such accidents are far from rare. Children may be injured on a day out at an amusement park, fairground or zoo. Machinery may malfunction or the owners of the attraction may have not provided enough staff to supervise or remove hazards such as pot holes and broken glass. Accidents in public places are also common. These accidents may involve defective equipment, such as swings or climbing frames in public playgrounds, where an estimated 33,000 children were injured during 2002. Other locations where children regularly get injured include public swimming pools, amusement arcades and sports stadium.

Read More In Our Blog About: Claiming For a Child Injured on a Bouncy Castle

Child Accidents In Schools & Nurseries

The abundance of public and private schools and nurseries in Britain, combined with the amount of time children spend in them, make them the prime location for accidents involving children. The same 2002 study found that 360,000 children aged between 5 and 14 were injured in school during the previous year. The abundance of youth and the range of activities on offer in schools makes accidents and injuries inevitable. However, by sending children to schools and nurseries parents have the right to expect that their child will be looked after as far as reasonably possible. Where this is not the case and a child gets injured due to a lack of supervision or from using dangerous equipment, the school or nursery will have failed in their duty of care to the child. Schools must ensure they provide a sufficient number of fully trained staff to supervise their charges and their activities. School buildings, grounds and equipment must be well maintained and regularly inspected. It is especially important to report a school accident as soon as possible, so that action is taken remove the hazard which caused it. Where a school has been negligent but refuses to accept responsibility a compensation claim using a solicitor may be the only way to ensure a similar accident does not happen again.

Find Out More About School & Nursery School Accidents

Bartletts Solicitors are specialists in the field of child accident and injury compensation claims. We work on a no win no fee basis meaning if you win your case you keep 100% of damages awarded, and if you lose you do not pay a penny.

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Tell us about the accident, injury or illness involving your child and a specialist solicitor will offer free advice on how to proceed.