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Public Pool & Playground Injury claims

Carter Capner Law can handle claims for a wide range of recreational related injuries such as Public Pools & Playgrounds injury claims. Recreational injury may arise either from the action of the other participants, inadequate control or management of the activity or defective premises or defective equipment.

Do you have a claim?

Check to see if you are entitled to compensation. If you have a question, please get in touch with our team.

Do you have a potential Public Pool & Playground injury claim?

Make an enquiry

What do you do if you were injured at a Public Pool & Playground?

Public Pool & Playground is one of the most popular recreation activities to do with a group of friends, either as a school curriculum or professionally. However, as with any other recreational activity/sports, there is a presence of mitigated and additional risks. Recreational injury may arise either from the action of other participants, inadequate control, activity management, or defective premises / defective equipment. The provider or organiser of the activity and all participants each must take reasonable care of each other.

As is the case in other situations, the right to claim damages for injury depends on the circumstances, and the essential three elements must be proved:-

  • the extent of duty owed;
  • breach of duty;
  • the injury complained of has been caused by that breach.

A variety of situations that could lead a person being injured while at the Public Pool & Playground may include:

  • Inadequate/lack of supervision with a sporting club, personal trainer, or training coach;
  • Faulty/broken equipment;
  • Slippery floors/mats.

By participating in a sport, you are considered to have accepted the inherent risks of the activity as well as the common infringement of the rules of the sport. These claims are subject to the Civil Liability Act 2003 and Personal Injuries Proceedings Act 2002. The Civil Liability Act 2003 limits liability for “obvious risks” and “dangerous recreational activities”.

1

Schedule your free initial consultation

At the initial consultation, we’ll get more details on your situation and discuss your potential claim.

2

Investigation & gathering evidence

We’ll then investigate your claim, gather evidence, obtain reports from medical to the recreational area where the accident happened. So we can understand clearly how the injury will/has an impact on your work-life.

3

Claim settlement or court proceedings

In most cases, cases can be resolved without the need for court proceedings. If you succeed, you will be compensated for what you are entitled to.

If your claim requires court action, the case will be reviewed by a lawyer and there will be further action to be taken.

I was injured in a recreation facility or at an event area. Can I claim for compensation?

To claim for injuries sustained at a recreational facility or area, you will need to prove that the operator was negligent outside of their duty of care. You will also need to verify that your injury meets the relevant threshold to warrant compensation.

If you are injured at a recreational facility or controlled-operated area:

  • Report the accident as well as your injury to a staff member immediately. Make sure that you make a list of all the relevant details in a notepad immediately so you don’t forget any crucial details later on.
  • Take pictures, if possible, of your injuries, the cause of your injuries, and or the scene of the accident.
  • Record the details of any of the witnesses to the accident.
  • Seek appropriate medical attention for your injuries. If the injury is serious it is crucial that you see a medical professional as soon as possible in order to assess and report the injuries for evidence.
  • Keep all receipts of any medical or out-of-expenses that relate to the accident.

If you are unsure where to start, contact our expert recreational lawyers who will give you advice.

Am I entitled to compensation if I was injured due to another participant at the Gymnasium?

Any bodily contact to which you have not impliedly consented by your participation in the activity is an assault in respect of which you have an entitlement to damages to the extent of any resulting injury.

I was injured due to the negligence of my coach, am I entitled to compensation?

It is commonly acknowledged that the supervisor/trainer/coach has a duty of care to their clients/students and to take reasonable precautions to ensure that the training regime is designed to mitigate harm. A breach of ‘duty of care’ can be established if:

  • The supervisor/trainer/coach breached their ‘duty of care’ owed to you by failing to take precautions in preventing harm or injury to their students/clients.
  • That the injuries you suffered were caused due to the supervisor/trainer/coach breach of duty.

It’s crucial to talk to a public liability lawyer about what your best options are for your situation whether the negligence was due to your supervisor, the recreation facility, or both.

How much compensation will I receive for my recreational injury claim?

It all depends on the success of your claim, which will depend on the quality of your evidence and the case you make when you make a claim. The amount of insurance you are entitled to is based on a comparison of how your life was before and after the accident.

If someone whose injury has had a significant effect on their quality of life (work, psychological, physical) is entitled to greater compensation than someone whose injury has had a minor impact on their lives.

As is the case in other situations, the right to claim damages for injury depends on the circumstances and the basic five elements must be proved:-

  • extent of duty owed;
  • breach of duty;
  • pre-existing health prior to the accident;
  • pre-accident lifestyle;
  • injury complained of has been caused by that breach.

The amount of compensation also is determined by:

  • General damages (loss of enjoyment in life due to suffering);
  • Out of pocket expenses (medical bills, rehabilitation costs);
  • Any loss of income and superannuation contributions;
  • Potential medical or personal care costs that is likely to occur due to the injury; and
  • The interest from the loss of earnings.

What’s my chance of a successful claim?

It is crucial that you keep as many records before, during and after the accident. Things like receipts, records, waivers, images, witness statement details, correspondence between you and the facility where the accident occurred. It may be difficult to prove that the operator was incompetent, particularly if there was an obvious inherent risk to the activity.

However, an experienced public injury lawyer who specialises in claims for injuries at recreation facilities can make the process much easier for you and manage the claim on your behalf.

Types of injuries that can occur while at a Public Pool & Playground?

Recreational injury may arise from either the action of the other participants, inadequate control or management of the activity or defective premises or defective equipment.

Head and brain injury.

Spinal and neck injury.

Soft tissue injury.

Upper and lower limb injury.

Ankle, knee and wrist injury.

Fractures.

Whiplash.

Amputation.

Shock, anxiety and depression.

The CCL method

Our compensation lawyers can examine the circumstances of your case to determine whether you have valid legal grounds for filing a personal injury claim. After you have learned from your lawyer whether or not you have a valid claim, you can start the process:

Process

Assemble the initial information you are able to provide

Proper case preparation demands meticulous attention to detail. That's why right from the start, we collect all the facts and continuously verify them with you and other sources. Constant updates to your comprehensive statement will ensure everyone - you, us, medical specialists and barristers - stay precisely on the same page.

Process

Prepare initiating Claim Notice.

Once sufficient facts have been collected and the identity of the at-fault party confirmed, and initial Claim Notice can be completed in a way that persuasively asserts the basis and extent of your compensation request.

Process

Keep collecting the facts.

Diligent claim preparation requires a comprehensive understanding of your medical income and employment histories. We will obtain records from accident related treatment provided as well as from health professionals who have treated you for any prior conditions. Employment and income records asked also be collected and diligently examined .

Process

Medical investigation of injury.

The extent of accident related injury must be independently verified by medical experts. Because compensation is paid for the permanent effects from an injury, specialist medical assessment is deferred until 9 – 12 months post injury. We'll arrange examinations with appropriate specialists and the insurer of the at-fault party is entitled also to have you examined by its specialists.

Process

Formulation

Once all information has been collected and medical specialist reports obtained, we will carefully formulate the "damages" components of your claim demand. The CCL Method requires that every component - general damages, lost wages, expenses you have incurred, the value of past and future domestic care and the value of loss of future earning capacity - is based on authoritative evidence.

Process

Negotiation

After the insurer has considered your damages ask, a settlement conference is arranged to attempt to negotiate a resolution. Although informal, the success of the conference depends on the extent of preparation that has gone before it. Offers will be exchanged and if the insurer is being reasonable, the conference offers a good opportunity to finalise the claim.

Process

Settlement not reached: heading to court

If you are unable to reach an agreement within 60 days after the conference, a Claim and Statement of Claim must be filed in court in relation to your accident. The defendant may then file a Defence and the court process then continues until the dispute is listed for a trial where witnesses are called to give oral evidence and a judge makes a final determination.

What fees do you pay a solicitor for Recreational Injury compensation?

Carter Capner Law's No-Win No-Fee terms affords fairness to those seeking compensation for personal injury including loss of income and future loss of income earning capacity. No-Win No-Fee - sometimes called "no-win, no-charge" and "no-win no-pay," allows legal representation to a level equivalent to that of the insurance company that will be resisting your payout. Essentially No-Win No-Fee terms provide that fees and case expenses are only payable when the claim is finalised and only if it is successful.

  • Court Filing Fees

  • Medical specialist consultation & report fees

  • Medical records collection fees

  • Expert report fees

  • Claim investigation

  • Barristers

    We will secure the services of a barrister who will also offer No-Win No-Fee terms

  • Document production

  • Police Report Fees

  • Government agency search fees

  • Freight & courier

  • Office charges

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