Every parent knows a trip to the playground can be a mix of fun and chaos—but when a swing snaps or a slide gives way, the fun can flip to pain in seconds. Research shows that more than 68,000 Australian children are hospitalised every year after being unintentionally injured on playgrounds.
And it’s not just kids—parents, carers, or even bystanders can be hurt too.
Playground accidents can leave families shaken and facing unexpected costs—from hospital bills and treatment to travel and lost income. So, can compensation help cover these expenses? The short answer: it depends—where the injury occurred, what caused it, and whether negligence played a role.
When councils fail in their duty of care, Queensland law can provide a lifeline. Compensation can ease financial pressure, cover ongoing care, and support families through a stressful time—helping both your child’s recovery and your peace of mind.
When councils are responsible
Queensland councils have a legal duty to keep playgrounds safe. That includes:
- Regularly inspecting equipment
- Promptly repairing damage
- Ensuring equipment is installed correctly
- Addressing known hazards
The key question isn’t whether an accident happened—kids naturally take risks—but whether the council did everything reasonable to prevent it. Poor maintenance, broken equipment, or unsafe surfaces often point to council negligence. When these factors cause injuries, compensation claims are possible.
Common playground injuries
Playground accidents can range from minor cuts to serious, life-changing harm. Common injuries that often lead to claims include:
- Fractures and broken bones
- Head trauma, such as concussions or brain injuries
- Soft tissue injuries and lacerations requiring stitches
- Dental injuries
Falls account for the majority of serious playground injuries, occurring at a rate of 87 per 100,000, with the highest rates seen in kids aged 5 to 9. Children may fall from faulty equipment, damaged safety surfacing, or uneven ground. Equipment failures—like rusted swing chains, loose bolts, or collapsing platforms—can cause serious harm.
Entrapment injuries, where a child gets a body part caught in gaps or moving parts, are often clear signs of negligence because Australian playground standards are designed to prevent them.
The tricky bit: proving council negligence
To make a successful claim, you must prove:
- The council breached its duty of care
- That breach caused your child’s injuries
Therefore, evidence is crucial:
- Take photos of the equipment, surrounding area, and your child’s injuries immediately after the incident
- Note the exact location, date, and time
- Gather witness statements
- Keep detailed medical records
Council inspection and maintenance logs can be decisive. They can reveal whether the council followed maintenance schedules, responded to complaints, or ignored known hazards. If equipment fails to meet Australian Standards (AS 4685 for playgrounds, AS 4422 for surfacing), proving negligence becomes much stronger.
A playground that fails to meet Australian Standards (AS 4685 and AS 4422) gives real weight to a negligence claim.
Think of it like reviewing game footage: you need every piece of evidence to show exactly how the “opponent” failed to play by the rules.
Time limits for playground accident claims
For adults injured in playgrounds
You must give notice of your claim within 9 months of the accident.
If you consult a lawyer, the notice must be filed within 1 month of that consultation.
To take legal action in court, you must start proceedings within 3 years of the incident.
For children
Under section 29 of the Limitation of Actions Act 1974 (Qld), if your child was under 18 when injured, the 3-year limitation period for commencing court proceedings does not begin to run until they turn 18. That is, they have until age 21 to issue proceedings.
But in reality, families need help long before that. Medical bills, time off work, and uncertainty can hit hard right after an accident. That’s why parents or guardians can step in and start the claim early, ensuring vital evidence is preserved while memories are fresh and before equipment is repaired or replaced.
Acting quickly not only strengthens your child’s case but also opens the door to support and compensation sooner — when your family needs it most.
What compensation covers
Compensation goes beyond immediate medical bills. It aims to cover the full impact of injuries:
- Medical expenses: hospital stays, surgery, physiotherapy, rehabilitation, and counselling
- Loss of income: if parents need time off work to care for the child
- Future care costs: ongoing treatment or support for serious injuries
- Pain and suffering: reflects physical and emotional trauma
- Permanent impairment: considers long-term effects on the child’s life
- Out-of-pocket expenses: travel to appointments, special equipment, home modifications, and educational support
Remember, every case is unique, and the total compensation depends on the severity of injuries and the circumstances surrounding the accident.
Challenges when claiming against councils
Councils are experienced at defending against claims. Their common tactics include:
- Arguing the injury was a normal part of childhood play
- Claiming equipment met safety standards at the time
- Highlighting regular inspections showed no issues
- Suggesting parental supervision was inadequate
They may also argue that the equipment was misused, hazards weren’t visible, or vandalism occurred. Overcoming these defences requires:
- Thorough investigation
- Expert evidence
- Detailed knowledge of council obligations under Queensland law
We cannot understate the need for having experienced legal representation—councils play hardball, but experienced Public Liability Lawyers like ours can anticipate strategies and counter them effectively. We used to play on the insurers’ team, have seen their strategies firsthand, and now we use that inside knowledge to beat them on their own turf.
Council responsibilities under Queensland law
Queensland councils must follow:
- Local Government Act 2009 and regulations on public facility safety
- Civil Liability Act 2003, outlining what negligence claimants must prove
- Australian Standards for playground equipment and surfacing
Councils must:
- Establish regular inspection and maintenance programs
- Act promptly when hazards are found, either repairing or restricting access
- Proactively manage risk, not just react to incidents
Cutting corners on inspections, delaying repairs, or ignoring complaints can amount to a breach of duty and form strong grounds for compensation.
Steps to take after a playground injury
Your actions immediately after an injury can make or break a claim:
- Seek medical attention first— your and your child’s health are the priority
- Report the incident to the council in writing and keep a copy
- Document everything:
- Photos of equipment, surroundings, hazards, and injuries
- Witness contact details
- Medical records and receipts
- Notes on how injuries affect daily life
- Track financial losses: time off work, travel costs, and other expenses
Avoid giving detailed statements to council representatives or insurers without legal advice; even casual comments can hurt your case. It’s like staying in your own defensive zone—you don’t want to hand the opposition free points.
Case highlight
In Hornsby Shire Council v Salman [2024] NSWCA 155, the court ordered the Council to pay $283,200 in damages after a woman injured both ankles at a local playground.
What happened
Ms Salman was walking toward the swings to push her nephew when she stepped from a mulch area onto a blue rubber surface with a sudden drop.
Although she admitted she wasn’t watching where she walked, the Court found the Council negligent for ignoring repeated safety warnings. Two inspection reports in the seven months before the accident had flagged that the mulch level was too low and needed topping up to “eliminate trip points.” Fixing the issue would have been low-cost, yet the Council failed to act or explain why.
The Court ruled that once the Council had expert warnings about a specific hazard, it couldn’t simply ignore them—even if no previous injuries had occurred. A majority of judges also recognised that parents supervising children at playgrounds are naturally distracted, and the law should account for that.
Key Takeaway
Playground injuries don’t just happen to kids—adults can get hurt too and may be able to claim compensation. If you’re injured because of uneven or poorly maintained surfaces, you might still have a case, even if you were briefly distracted. The law recognises that adults supervising children can’t always watch every step. This NSW case shows councils can be liable when they ignore safety warnings and fail to fix simple, low-cost hazards.
We’ve got your back, Queensland!
When a day at the public playground ends in injury, the shock hits hard. Questions pile up fast. We get it — and we’ve got your back. Every Queenslander knows — when one of us takes a hit, the team rallies.
We know what you’re up against—insurance giants with deep pockets and delay tactics. That’s why we fight harder, move faster, and care deeper. Every claim is personal, every client a mate.
That’s why with accident legal, you’ll have:
- One senior lawyer. Start to finish.
- 24/7 access — talk to your lawyer, not an AI chatbot.
- We travel to you — home, hospital, wherever you are.
- Treatment arranged fast — you recover, we fight.
We’ve helped countless Queenslanders get back on their feet — and we’ll do the same for you. When something wrong happens to you or your child in a public place, we’re all in, boots and all. Call us on (07) 3740 0200 or send us a message.