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Science / Health

Compensation claims on behalf of children

Cristina MaciasBy Cristina MaciasJanuary 29, 2021No Comments4 Mins Read
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Compensation claims on behalf of children
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The children are among the most vulnerable ones in our community and surely have to be treated with intense care. While a grown adult or an adolescent is a lot more conscious of surroundings, almost every object in anywhere might pose a risk to their well-being. The children are probably the most inquisitive members of the society and even if the parents are exceedingly protective, an undesirable accident might arise due to negligence. In Australia, a considerable proportion of negligence-based harm to the children arises in playgrounds. In these circumstances, the parents may be entitled to claim public liability compensation on behalf of their children.

Table of Contents

  • Playground hazards and injuries
  • The public liability claim process

Playground hazards and injuries

Playground equipment and facilities should conform to the standards. These standards include structures, designs, materials, heights, protections and the ease of access. However, businesses might unlawfully disregard these regulations and possess outdated, unapproved or faulty equipment to increase their earnings. If an injury arose in a playground and the accident could be preventable if the facility and the equipment were properly maintained or precautions were taken, public liability compensation can be claimed to ease your loss.

Beyond the eyesore appearances, design defects and failures might lead to catastrophic and unpleasant outcomes. Australia is among the countries with the highest average temperatures and metal objects should be used cautiously, as metals naturally can get overheated straightaway. Contact with an overheated object might end up with high degree burns and intense pain. However, the usage of metal components in playgrounds are in considerable amounts. Observing every risk in an environment as a parent is near impossible. Nonetheless, the manufacturer or the business should be aware of this possibility.

Common idea is that the monkey bars contain unignorable risks as the strength of a toddler combined with the gravity might prevent the kids to perform the activity safely. The situation might be even worse while taking bad weather conditions into account. Keeping the kids away from monkey bars is not wrapping them in cotton wools, in fact, it is a wise choice as the children might not evaluate the risk in the activity. In this case, the usage of monkey bars might be assessed as an obvious risk. Which means compensation might not be claimed. However, if a monkey bar came away and the kid fell, this is considered as negligence and likely to be determined as a liability in the court. Please note that it is recommended to get legal advice as these situations require wide investigations and should be handled professionally.

The usage of durable objects and materials are critically important in playground equipment as the equipment should be resistant for regular use. Especially the trampolines as such objects are naturally being used a lot harsher. The manufacturer should make sure that the springs, the nets and the mat can resist sufficiently. On the other hand, even if the trampoline was made with quality components, the maintenance is equally important. Loosened screws, damaged components and the equipment whose lifespan has expired might lead to catastrophic results.

The public liability claim process

Once the accident occurs, it would be wise to take pictures of the objects, the cause of harm, the signs –if any- and any other stuff that can be used as evidence. You should also keep in mind that you shouldn’t admit any fault even if the other party tells you that the accident occurred due to misuse of the products. Seek medical aid and call a lawyer as soon as possible to have the situation assessed. Public liability claims should be handled professionally as proving the liability might become a sensitive process.

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Cristina Macias
Cristina Macias

Cristina Macias is a 25-year-old writer who enjoys reading, writing, Rubix cube, and listening to the radio. She is inspiring and smart, but can also be a bit lazy.

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