Your guide to playground injury compensation

Playgrounds should be safe places for children to explore, play, and build confidence. When something goes wrong, it can have a real impact on your child and on your family.

A serious playground injury can mean hospital visits, ongoing treatment, and time away from school or work.

If your child has been injured, it’s important to understand what happened, who may be responsible, and whether you may have a right to compensation.

Common causes of playground injuries

Many playground injuries are preventable. They often happen when safety standards are not met or when hazards aren’t addressed in time.

Common causes include:

• faulty or poorly maintained equipment (rust, broken parts, exposed bolts)
• unsafe surfaces (insufficient soft fall, hard ground, or worn matting)
• inadequate supervision in schools or childcare settings
• environmental hazards such as uneven ground, water, or poor lighting
  

Common playground injuries

Injuries can range from minor to serious, including:

• broken arms and wrist fractures
• head injuries and concussion
• cuts, dental injuries, and soft tissue damage
• spinal injuries (in more serious cases)
• psychological trauma after a distressing incident

The severity of the injury matters. More serious injuries can affect a child’s development, schooling, and long-term wellbeing.

Who may be responsible?

Responsibility depends on where the injury occurred.

• councils for public parks and playgrounds
• schools are responsible for safety and supervision of students
• childcare centres must meet strict safety and staffing requirements
• private play centres must maintain safe equipment and premises
• manufacturers if faulty equipment contributed to the injury

These situations are usually assessed under public liability law.

When is an injury considered negligence?

Not every accident leads to a claim. Children naturally take risks when they play. To have a valid claim, you generally need to show:

• a duty of care existed
• that duty was breached
• the breach caused the injury
• the injury is serious and permanent

The key question is whether the risk was foreseeable and preventable.

Example:

• a fall onto a compliant soft fall may be considered a normal risk
• a fall caused by broken equipment or hard surfaces may indicate negligence

Playground safety standards in Australia

Australian playgrounds should meet standards such as:

• AS 4685 (playground equipment)
• requirements for impact-absorbing surfaces

These standards cover things like height limits, guardrails, fall zones, and inspections.

Failing to meet these standards doesn’t automatically prove negligence, but it can be strong evidence.

What compensation may cover

If a claim is successful, compensation may include:

• pain and suffering (where thresholds are met)
• medical and rehabilitation costs
• future treatment needs
• care and support provided by family

Special considerations for children

The law recognises children need extra protection, so:

• time limits are usually extended
• a parent or guardian manages the claim
• settlements are generally reviewed by a court
• compensation is often protected until the child turns 18

What to do after a playground injury

If your child is injured:

• seek medical attention
• take photos of the scene and equipment
• report the incident (council, school, or operator)
• collect witness details
• keep records and any damaged items

These steps can make a real difference later.

Get support and understand your options

If your child has been injured and you’re not sure what to do next, you don’t have to work it out alone.

At Maurice Blackburn, we understand how upsetting it can be to see your child hurt. Our team can help you understand whether you may have a claim and guide you through what comes next in a way that feels clear and manageable.

Get in touch for confidential, obligation-free advice.