Playground Equipment Accident Claims

Playgrounds should be safe, well-kept spaces where children can enjoy themselves without risk. But when equipment is broken, poorly maintained or not installed properly, accidents can and do happen—and they’re often more serious than people expect. If your child has been hurt on faulty playground equipment, it’s natural to feel upset, uncertain, and unsure what to do next.

At John O’Leary Solicitors LLP, we’ve been helping families across Tallaght and Dublin for over 20 years. We understand the stress that comes with seeing your child injured, and we know how important it is to get clear, calm advice—without pressure. Whether the accident happened in a council park, a schoolyard or a private housing estate, we’ll help you understand what went wrong and what options may be open to you.

We take a hands-on, client-first approach to every case. You won’t be handed around or rushed. We’ll listen, ask the right questions, and guide you through the next steps with care and honesty.

If you believe your child’s injury could have been prevented, don’t try to handle it alone. Contact John O’Leary Solicitors LLP to speak with a local solicitor who will take the time to understand your case and help you move forward.

Where Playground Equipment Accidents Happen and Why They Matter

Playground accidents involving faulty or damaged equipment occur in a wide range of everyday settings. These incidents are rarely the result of unusual behaviour—they usually happen on standard equipment in familiar local environments. This section outlines where these accidents tend to happen and what physical issues typically cause them.

Public Parks and Council Playgrounds

Most communities in Ireland include council-operated playgrounds maintained by local authorities. These are often located in parks or public green spaces and are freely accessible to the public. They tend to include large multi-use structures, swing sets, climbing frames and slides. Accidents in these areas often involve older equipment, missing components, or poor surfacing maintenance.

Schools, Crèches and Clubs

Many primary schools, preschools, and afterschool clubs have permanent or semi-permanent outdoor play equipment. This often includes smaller-scale versions of climbing structures, rope frames, balance beams or activity panels. Equipment here is exposed to regular use by groups of children and often installed on hard or semi-soft ground. Injuries in these environments frequently involve surface impacts or structural failure.

Private Housing Estates

Housing developments may include shared playgrounds, often located in communal green areas or beside residential roads. Equipment here typically includes swings, small towers, tunnels or rocking frames. Because of their location, these playgrounds are often semi-supervised and may not be maintained on a daily basis. Defects can include loose mats, missing bolts, or visibly damaged structures that have gone unaddressed.

Commercial Play Areas

Some businesses—such as restaurants, hotels, garden centres, or private play centres—feature permanent or modular playground equipment. These installations vary widely in scale and may include indoor soft play features, outdoor timber towers, or plastic slide assemblies. Accidents here often result from structural instability, worn-out soft padding, or lack of maintenance between busy periods.

Common Equipment Involved in Accidents

Certain types of playground structures are more frequently associated with accidents:

  • Swings: Chains that detach or twist; rusted joints; inadequate ground clearance
  • Slides: Missing panels or guardrails; exposed screw heads; steep or uneven descent angles
  • Climbing frames: Broken rungs; loose fixtures; insufficient anchoring into the ground
  • Zip lines or gliders: Brake failure; cable detachment; worn handles or seats
  • Seesaws or rockers: Faulty pivot mechanisms; unstable mounting; excessive range of motion
  • Surfacing: Loose or missing rubber matting; compacted gravel; uneven drop zones; pooling water

Surface and Ground-level Hazards

Apart from the equipment itself, injuries often result from ground-level defects:

  • Loose paving or edge stones around equipment
  • Exposed concrete footings
  • Torn or missing artificial grass
  • Slippery tiles or accumulated moss
  • Inadequate fall clearance zones around higher structures

Unsecured or Inappropriate Features

In some settings, playgrounds include extra features such as picnic tables, fences, bike racks, or planter boxes. Injuries can occur when:

  • Sharp corners or unstable bases are positioned near play zones
  • Objects are left too close to fall areas
  • Fencing includes broken wood or protruding nails

This is a non-exhaustive list. The physical state of the equipment, layout of the space, and condition of surrounding surfaces all play a role in how accidents occur.

Who May Be Liable for Unsafe Playground Equipment

Legal responsibility for injuries caused by faulty or dangerous playground equipment depends on who had control over the area and who was responsible for maintaining it. This section identifies the parties who may be liable, depending on the setting.

Local Authorities

In public parks and community greens, the local authority—such as South Dublin County Council—is generally responsible for the upkeep of playground equipment. Their obligations typically include inspecting the site at regular intervals, responding to complaints or reported damage, and arranging necessary repairs or replacements. Where an accident is caused by unaddressed hazards in a council-maintained playground, liability may rest with the council.

Schools and Crèches

For playground equipment installed within schools, preschools or crèches, the institution itself is usually the party responsible. This includes situations where the equipment is on private land and used during or outside school hours. Schools and childcare providers are expected to ensure that any play facilities on their premises are fit for use, routinely maintained, and safe for the age group using them. Responsibility may also extend to supervision arrangements during school or creche hours, though this would be assessed on a case-by-case basis depending on the nature of the incident.

Housing Developers and Management Companies

In housing estates with shared green spaces or community playgrounds, the responsible party is typically either the original property developer or, more commonly, a management company. These entities may contract with maintenance providers, but they retain ultimate responsibility for ensuring that the play area remains safe and regularly inspected. The management company is generally responsible even where the equipment was installed years ago by the developer. If a child is injured due to broken or unmaintained equipment in a communal estate area, liability may fall on the company managing the shared space.

Private Businesses

Restaurants, hotels, and other businesses that provide playground facilities for customers are legally responsible for ensuring that those facilities are kept safe. This includes both fixed outdoor equipment and indoor modular installations. Businesses are expected to monitor and maintain their equipment as part of their normal health and safety obligations. If they invite children to use the space, they must ensure it does not present avoidable hazards.

Installers or Manufacturers

In limited cases, responsibility may fall on the manufacturer or professional installer of the playground equipment—particularly if the equipment failed due to a design flaw or defective installation. These cases often involve technical assessment and arise where equipment fails despite being relatively new and properly maintained by the operator. More than one party may be liable depending on who owns, manages, and maintains the playground. Identifying the correct defendant is essential before a claim can proceed.

What Makes a Playground Accident Claim Legally Valid

Not all playground injuries give rise to a valid legal claim. To succeed, a claim must meet specific legal criteria. These criteria are applied in every case, regardless of where the accident occurred or how serious the injury was.

Foreseeability and Preventability

The hazard must be one that the responsible party either knew about or reasonably should have known about. This includes issues that were:

  • Reported but not acted on
  • Visible on inspection
  • Ongoing or recurring
  • Identifiable through standard maintenance practices

The law does not require proof that the hazard had already caused injury to someone else. It is enough that a reasonable person in charge of the playground would have recognised the risk and taken steps to address it.

Preventability is assessed by considering whether practical, low-cost, or standard safety measures could have resolved the hazard in advance. These might include basic repairs, signage, fencing, or equipment removal.

Use of the Equipment

The injured person must have been using the playground equipment in a reasonably expected way at the time of the incident. This includes both direct use of the equipment and movement through the surrounding space (e.g. walking between structures, accessing the area through a designated entrance).

Unusual or reckless use of equipment may affect the strength of a claim, but will not necessarily prevent it. In assessing use, the age of the child and the nature of the equipment are always considered. Equipment intended for children must account for a broad range of foreseeable behaviour.

Causation

The injury must have been directly caused by the hazard or defect. This is assessed through:

  • Medical records
  • Description of the incident
  • Evidence from the site
  • Witness accounts where available

The issue is not whether an injury occurred—but whether the equipment defect or site hazard was the factual cause. If the injury would likely have occurred regardless of the fault, the claim may fail.

Duty of Care to Children

Under Irish law, children are owed a higher standard of care than adults. This applies particularly to spaces where children are invited or expected to play. Those responsible for such spaces must anticipate that children may:

  • Run, fall, or play unpredictably
  • Use equipment in unintended but foreseeable ways
  • Fail to appreciate obvious dangers

Claims involving children are assessed with this higher standard in mind. Failures that might not amount to negligence in an adult setting can still lead to liability when children are involved.

Contributory Negligence

If the injured person (or in this context, the child’s guardian) contributed to the cause of the accident, the court may reduce the value of the claim under the principle of contributory negligence. This does not invalidate the claim, but may result in a percentage deduction if, for example:

  • A child was using age-inappropriate equipment
  • A parent ignored a warning sign
  • Supervision was clearly lacking

Each case is fact-specific. The threshold for contributory negligence is applied cautiously in claims involving children.

If these criteria are satisfied, a playground equipment accident claim may proceed.

What to Do After a Playground Equipment Injury

After an injury involving playground equipment, the actions taken in the hours and days that follow can affect the outcome of a future claim. This section outlines the practical steps that help preserve evidence, establish a clear record, and support legal assessment.

Seek Immediate Medical Attention

The injury should be assessed by a healthcare professional as soon as possible. Even where the injury appears minor, formal medical documentation provides essential evidence for causation, treatment, and impact. Attend a local GP, clinic, or emergency department depending on the circumstances.

Medical records should include:

  • Time and date of treatment
  • Description of the injury
  • Details of how the injury occurred
  • Any future treatment recommended

Photograph the Equipment and Surroundings

Photographic evidence of the equipment and surrounding area should be gathered before repairs or changes are made. This includes:

  • The specific piece of equipment involved
  • Wide-angle shots of the playground layout
  • Ground surface condition (e.g. loose mats, pooling water)
  • Absence of barriers, signage, or fencing
  • Lighting conditions if relevant (for indoor or dusk-time injuries)

Photographs should be taken from multiple angles and include any visible defects or maintenance issues.

Record the Conditions and Incident Details

Write down a factual account of what happened. This should be done as soon as possible after the event and should include:

  • Exact time and date
  • Weather and lighting conditions
  • Whether the equipment was wet, loose, broken or incomplete
  • Whether other children or adults were present
  • Any immediate comments made by others at the scene

Record who was supervising the child, if applicable, and whether any adult in charge of the premises was informed on the day.

Identify Witnesses

If anyone witnessed the incident—such as another parent, teacher, or park staff member—obtain their name and contact details. Witness accounts are particularly useful if there is disagreement later about how the injury occurred or what the equipment condition was at the time.

Where another child witnessed the event, their parent or guardian may be contacted for confirmation.

Report the Incident to the Responsible Party

The incident should be reported to whoever operates or controls the playground. This could be:

  • A local authority (e.g. South Dublin County Council)
  • A school or crèche administrator
  • A management company for a housing estate
  • A business owner if on commercial premises

Reports should be made in writing wherever possible and include a brief description of the incident and the injury. Retain a copy of all correspondence and note the date it was submitted.

Preserve Damaged Items and Expense Records

Keep any physical items that show evidence of the incident, such as:

  • Torn clothing
  • Broken footwear
  • Damaged personal belongings (e.g. glasses, phones, toys)

Also retain:

  • Medical expense receipts
  • Travel costs (taxis, parking for hospital visits)
  • Documentation of time off work (if applicable to the parent or guardian)

Timely documentation and reporting support the legal investigation and help ensure important details aren’t lost.

Time Limits for Playground Accident Claims in Ireland

Playground accident claims are subject to strict legal time limits. In most cases, a person bringing a claim must do so within a specific window known as the limitation period. Once that period expires, the right to pursue compensation is generally lost.

Standard Time Limit

Under Irish law, the time limit for initiating a personal injury claim is two years from the date of the injury. This applies to playground equipment accidents involving adults or children. The two-year period begins to run from the date the injury occurred or, in rare situations, from the date the injured party became aware of the injury and its connection to negligence.

The claim must be formally initiated within that two-year period by lodging the appropriate application with the Injuries Resolution Board. Failure to do so will usually result in the claim being statute-barred.

Claims Involving Children

Where the person injured is under 18, the limitation period is paused until their 18th birthday. The two-year period then begins on the day they turn 18, meaning they have until the day before their 20th birthday to bring a claim.

A parent or guardian can also bring a claim on the child’s behalf at any point before the child reaches adulthood. This is often preferred, as it allows the matter to be investigated and resolved while evidence is still fresh.

While the time limits may appear generous, practical issues often make delay risky. Playground equipment may be repaired or replaced quickly. Inspection logs and maintenance records may be deleted or overwritten. Witnesses may be difficult to locate.

Identifying the correct responsible party and gathering admissible evidence takes time. Early legal advice is strongly recommended to avoid limitation issues.

Talk to a Solicitor

If your child was injured due to unsafe playground equipment, you may have grounds to take legal action. At John O’Leary Solicitors LLP, we help families across South Dublin handles these claims with clear, practical advice. Don’t wait for the issue to be forgotten or repaired. Contact us today to speak with a solicitor who understands what’s involved.