£24,000 award for 14-year-old claimant

Compensation of £24,000.00 in 2013 was awarded to a 14 year old child whose accident led to severe head injuries following a playground accident.

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Case details

Injury details:

The claimant, who was 8 years old at the time, sustained head injuries following a fall. The playground had upper and lower areas. Because of the drop between the two playground sections, a fence had been erected to stop children falling. The drop was several feet. Unfortunately the fence had not been maintained adequately and there was a gap. It was through this gap that the claimant fell.

The drop was several feet with the claimant taking a blow to the head and as a result being rendered unconscious. The claimant was taken to hospital where he stayed for six nights. Whilst there was no external injury the claimant had on coming to immediately complained of head pain. The doctors advised that the claimant had a broken nose but also had a brain bleed.

Medical evidence was obtained from an expert who advised that there was a slight increase in the risk of epilepsy to a lifetime risk at 2.5% against 1% or lower for the population as a whole. The claimant's general recovery was however strong with full recovery anticipated. Following his release from hospital he then was off school for 3 weeks and on return it was another 6 months before he could start sporting activities.

What was alleged?

It was alleged that the defendant was negligent insofar as they failed to provide a safe environment for the claimant resulting a playground accident.

As a result of the accident the claimant sustained injuries.

Settlement

The claimant instructed specialist solicitors to act on his behalf.

Because of the age of the claimant proceedings were conducted by a litigation friend. That is a person appointed to appear in place of the child.

The matter was dealt with at a final hearing before the Clerkenwell and Shoreditch County Court.

The claimant was awarded £24,000 for pain, suffering and loss of amenity which at present day levels is equivalent to £24,638.

Read more: public place accident compensation claims

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Gaynor Haliday, Legal researcher

Author:
Gaynor Haliday, Legal researcher