Are Play Centres Liable for Children’s Injuries?

When you take your child to a playground or play centre, you expect to have fun and make positive memories. Most parents don’t think about the serious injuries that may occur if the premises are unsafe or the staff is negligent. If you and your family are facing this tragic situation, you may be able to bring a play centre lawsuit.

Several recent incidents demonstrate the dangers of unsafe play centres, as well as the legal consequences these facilities can face:

• Funtopia Maribyrnong, an indoor play centre, pleaded guilty to breaching safety laws after an 8-year-old girl suffered spinal fractures in a 7m fall from a rope ladder. The Melbourne Magistrates’ Court fined Funtopia Maribyrnong $60,000, plus $6,000 in legal costs.
• Bounce Australia, an indoor trampoline park, pleaded guilty to safety violations after an 11-year-old boy fell 4m from the top of a climbing wall. He suffered a fractured sternum and soft tissue injuries to the back. Bounce Australia was fined $40,000 by the County Court, plus $5,557 in legal expenses.

Play centres may also face civil liability for injuries due to negligence. At Henry Carus + Associates, our extensive experience with public liability claims enables us to pursue maximum compensation on behalf of children and their families.

Our Principal, Henry Carus, has previously acted for insurance companies defending these types of claims. He has extensive knowledge of how these centres operate and, more importantly, fail to operate safely.

Call 03 9001 1318 today for a FREE, no-obligation consultation. Our public liability lawyers in Melbourne can assist with all aspects of a play centre lawsuit.

What Are the Most Common Play Centre Injuries?

Playgrounds and play centres are frequently the site of childhood injury. These are not limited to the usual scraped knees and bruises.

Some of the more serious injuries a child may suffer on a playground or at a play centre include:

• Broken bones
• Soft tissue damage
• Dislocations
• Concussions and head injuries
• Facial, eye, and oral trauma
• Crush injuries
• Thermal burns from hot metal equipment
• Friction burns from falls on ground surfaces, contact with plastic materials, etc.
• Paralysis due to spinal injury
• Strangulation due to entanglement in ropes, chains, and other equipment

A study by Monash University found that nearly one-quarter of playground-related injuries require hospitalisation. By a wide margin, falls are the number-one reason children need to be taken to hospital from a playground. Incidents at play centres, climbing gyms, trampoline parks, and other facilities often involve falls from heights, resulting in more serious injuries and potentially requiring more extensive medical treatment.

When Are Play Centres Liable for Injuries?

To recover compensation when a child is injured, it must be shown that the injury was caused by someone else’s negligence. In the case of a playground, the liable party may be a local council, school, or private entity. Indoor play centres are generally operated as private businesses.

Whatever the case, a public liability claim may be brought if the following can be established:

1. The owner/operator owed the child a duty of care (i.e., a duty to take adequate precautions given a foreseeable risk of harm).
2. Negligence on the part of the liable party (or parties) constitutes a breach of the duty of care.
3. The child’s injury was caused by an incident stemming from negligence.
4. Injuries from the incident have caused the child and/or the family to suffer damages.

Read More: How Do Public Liability Claims Work?

Negligence can take a variety of different forms at a playground, play centre, or other premises:

• Equipment is in disrepair or not properly maintained
• Children are not properly supervised
• Staff are improperly trained in safety procedures
• Negligent inspection of the premises and/or equipment
• Failure to implement and follow cleaning and maintenance procedures
• Improper design of the playground or play centre

These and other issues may give rise to a play centre lawsuit if a child is injured. Parents should speak to a public liability lawyer as soon as possible to gain a complete understanding of their legal options.

What About Parental Supervision?

Defendants in public liability matters involving child injury may try to argue that parents are responsible for supervising their children and keeping them from harm. In a council-run public park or playground, for example, this may be the case because visitors are expected to exercise additional caution. However, if you entrust your child to a school or private entity, the duty to supervise your child on the premises—including on playgrounds—generally transfers to that party.

The same is typically true with play centres. With privately run play centres, the owner and employees are generally responsible for supervising children on the premises.

Many play centres request that a parent sign a waiver before allowing a child to use the premises. It is sometimes seen that a waiver means you cannot seek compensation should something happen to your child, but that is not correct.

Whether a waiver will prevent a claim for compensation is a complicated legal issue. It is best to seek the advice of a specialist personal injury lawyer.

How Long Do I Have to File a Play Centre Lawsuit?

As a general rule, personal injury negligence actions must be brought within 3 years of the incident that gave rise to the injury. However, the rules are slightly different when the victim is a minor child.

In general, responsible parents of the child have up to 6 years to bring a claim on the child’s behalf.

Victoria’s limitation period for personal injury claims can be difficult to understand. Delays can result in the loss of evidence and make it difficult to obtain compensation. To preserve the integrity of your play centre lawsuit, we strongly advise that you take the following steps as soon as possible:

1. Take photos of the premises, your child’s injuries, etc.
2. Get the names of witnesses to the incident.
3. Seek medical attention for your child. This may involve taking them to the doctor or emergency department, or calling 000 for serious injuries.
4. Report the incident to the owner or management of the play centre. You may be asked to fill out a report, but it is generally best to seek legal counsel before putting the details on paper or signing a form.
5. Consult a knowledgeable injury lawyer straight away.

Compensation for Playground and Play Centre Injuries

If negligence is found to have been a factor in your child’s injury, the owner of the playground or play centre may be held liable for damages. There are two categories of damages that may be recovered in a public liability claim:

• Damages for economic loss, such as out-of-pocket medical and therapy expenses, loss of earnings, and lost earning capacity.
  AND
• Damages for non-economic loss, including pain and suffering, loss of enjoyment of life, and loss of amenities of life.
  • Non-economic damages may only be recovered if the victim suffers a ‘significant injury’. An injury is considered significant if it meets the threshold level in the Wrongs Act 1958 (Victoria’s personal injury legislation).
  • For more information about the provisions of the Wrongs Act and the damages you may be able to recover for significant injuries, read our blog post Can I Make a Claim If I Get Injured in a Public Place?

Most public liability matters are resolved through settlement negotiations with an insurer. If a settlement cannot be reached, the claim may need to be litigated in court. 

How Henry Carus + Associates Can Help

Our firm is well-positioned to take on public liability claims involving play centres and playgrounds. Recognising that key evidence can disappear quickly from a public space where an accident has occurred, we start investigating immediately. This allows us to collect evidence and prepare a strong play centre lawsuit on your behalf.

You Deserve More. That’s our motto and our mission, which is why you can rely on Henry Carus + Associates to pursue maximum compensation for your child’s injuries. Our extensive experience with public liability law enables us to anticipate common defence tactics and fight for a favourable outcome.

Henry Carus + Associations serve clients in Melbourne and throughout Victoria. Call us at 03 9001 1318 today for a FREE, no-obligation consultation.