Child Injury Claim
Because the law protects children differently, pursuing a personal injury accident claim for a child can be a slightly different process to that for an adult.
This section will aim to cover the facts you need to know regarding injuries sustained by children including:
- Accidents that occur at school
- Accidents that occur while trespassing
- Parental indemnity
- The child injury claims process
Accidents at School Accident Claims
Children are always looking for ways to have fun, and often this can result in an accident. This can be minor, although on some occasions it may be possible to make a compensation claim for the injury sustained in the form of a child injury accident claim.
Although playground equipment such as climbing frames and monkey bars are great fun for a child, they also pose a safety risk unless proper precautions are taken such as protective floors to cushion falls, and placing the bars at an appropriate height.
If your child is injured on a climbing frame due to the actions of another child, the school will usually still hold responsibility, as children should be supervised at all times when using equipment that poses a risk of injury.
If the school has not taken the necessary precautions, they have failed in their duty of care towards your child, and so you may be entitled to make an accident claim for compensation.
Often if an accident happens off the school premises, for example on school buses or day trips, the school still holds responsibility for the wellbeing of your child.
Children must be supervised properly, and it is the responsibility of the bus driver to drive carefully and make sure children are protected by wearing seatbelts.
Accidents while trespassing
If your child suffers an injury while trespassing, you may still be eligible to make an accident claim for compensation.
Responsibility lies with the owner of the land the injury occurred on, and if the area was not properly signposted and blocked off, they could face liability.
This is a procedure in which a parent can receive financial compensation on behalf of their child from the person responsible.
Most accident claim solicitors would advise that this is not the right way to settle a child injury case, and would recommend taking the case to court in front of an infant approval hearing.
The advantage of this is that the court will act in the best interests of the child and provide the correct amount of compensation.
If money is awarded to a child in this way, it will be invested until the child reaches the age of 18. This is often beneficial to the child as they will have a better idea how to put the money to good use.