Accident Claims for Children

Secure Compensation for Your Child. A parent or guardian makes the injury claim on behalf of a child under the age of 18. This can start from 2 years from the date of their 18th birthday rather than the usual 2 years from ‘date of knowledge’.

Accidents Involving Children – Claiming on their Behalf

Irish law states that a person under the age of 18 years is considered to be a minor and therefore cannot engage the services of a solicitor directly. However, a parent or guardian of the child can bring the personal injury action on their behalf acting as “Next Friend”. The Next Friend acts as an agent for the child and the nominated solicitor will deal directly with them.

Every year thousands of children are injured in accidents and have suffered injury, disfigurement and in some cases permanent disability. As expert child injuries solicitors, we appreciate that when a child suffers from an accident causing injury due to the fault of another party it is extremely traumatic to the child, parents and family members. Whatever the type of accident to the child, we will advise you in clear terms if there is a reasonable prospect of making a successful claim for your child.

Claiming for Children under 18 years – FAQs

Who Makes the Claim?
Normally, a parent or guardian will claim on behalf of the injured child. If the child has suffered the injury under the age of 18, they are classed as ‘minors’ or ‘infants’. As child injury claims solicitors, we act for parents and/or guardians of the ‘minors’ to help them make a successful child accident claim for the child (minor).
What is the time limit for Child Claims?
Unlike Personal Injury law for adults (who have 2 years from the date of injury to issue a claim) a parent or guardian can commence the injury claim for the child 2 years from the date of their 18th birthday rather than in normal cases 2 years from ‘date of knowledge’. So if a potential claimant was a baby or infant at the time of injury, legal action can be taken up to their 20th birthday. We advise seeking legal advice as soon as possible as it’s not always possible to define long-term physical or psychological consequences until maturity.
What happens the Monies Awarded to the Child?
Generally, the claim monies awarded to the child will be invested in a court-approved fund until they reach the age of 18. But if the child requires urgent care or medical attention, the judge can decide that a portion of the child’s claim money can be released for their benefit.
Can a Child Start a Claim?
It’s worth noting that when it comes to bringing a case for a minor there is no solicitor/client fee, subject to the case being successful. Most child Injury Cases will be run on a No Win No Fee Basis. All legal costs will be paid by the Defendant’s Insurance Company.
How is the Child’s Compensation Award Managed?
Once a case for a minor has been settled, it is necessary to make an application to the appropriate court to have the settlement figure “Ruled”. This safeguard ensures minors receive the true value of their claim. Your solicitor will attend Court to put the settlement figure to the Judge. If satisfied, the money will be lodged into a court account and can be released (with interest) when the minor reaches 18.
Playground Accidents – How to know if the child has a Claim
If your child sustains an injury due to poor maintenance of a playground area or defective playground equipment, you may be entitled to bring an action. There are strict regulations for the maintenance and inspection of playgrounds; if these are not followed, the risk of injury increases significantly.
How to know if a Crèche or School is Liable?
If a crèche or school falls below the expected standard of care, they may be held liable. Ensure the accident is reported via an Accident Report Form, request that CCTV be retained, and identify witnesses. In cases of staff action or inaction, the provider may be held responsible.
Common Injuries caused by Dangerous or Defective Toys
An injury caused by a defective toy falls under the Defective Products Act 1991. If your child has been injured, keep the packaging and receipt. Common injuries include:
  • Cuts & bruises
  • Burns
  • Choking or Suffocation
  • Strangulation
  • Puncture wounds

Safety Regulations for Playgrounds and Pre-School Care Providers

Summary of Safety Regulations for Playground Spaces
  • Inspections must be carried out on a weekly basis by trained staff and records must be maintained of these inspections;
  • All equipment contained in the playground and all surfaces must comply with ISEN standards (European Standard);
  • Risk assessments must be carried out on all new playgrounds
  • All equipment should be regularly maintained and fixed/replaced where necessary;
  • An annual, independent inspection, must be carried out to ensure the safety of the playground equipment. This annual inspection should be carried out in compliance with the European Playground Standards EN1176.
  • As well as ensuring that the equipment in the playground is maintained and that regular inspections are carried out it is also necessary that there be appropriate surfacing in place in order to prevent children from injuring themselves should they be caused to fall. Any alternative to the below mentioned surfaces will put a child at risk of sustaining a serious and avoidable injury. The chosen surfacing in any playground must comply with ISEN standards and be one of the following: Grass, Sand, Rubber safety tiles, Soft mulch, Bark mulch and Wet pour timber.
Childcare Act 1991 (Early Years Services) Regulations 2016

There are strict Regulations in place that all pre-school care providers must adhere to. These Regulations are set out in the Childcare Act 1991 (Early Years Services) Regulations 2016. Areas covered by the Regulations include:

  • Health, welfare and development of the child;
  • First aid and medical assistance and
  • Management & staffing.
Pre-school Services – Table of How Many Carers per Class?

The below table sets out the number of responsible adults who should be caring for a group of children at any given time. If these ratios are not rigorously followed the chance of an accident occurring increases significantly. There should be adequate supervision throughout the day, especially during play activities.

Pre-school serviceAge of childrenNo. of adultsNo. of children
Sessional services0 to 1 years13
1 to 2.5 years15
2 to 5/6 years111
Full/part-time day care0 to 1 year13
1 to 2 years15
2 to 3 years16
3 to 6 years18
Drop-in centres0 to 6 years14 (only 2 or less under 15 months)
Childminders0 to 6 years15 (including his/her own)
Overnight pre-school service0 to 1 years13
1 to 6 years15

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Key Takeaways

  • Under Irish law, minors cannot engage a solicitor directly; a parent or guardian must act as their Next Friend.
  • Child accidents can result in serious injuries, and it’s important to seek legal advice regarding claims.
  • Safety regulations for playgrounds require regular inspections, compliance with ISEN standards, and proper surfacing materials.
  • Strict ratios of adults to children during care ensure safety; non-compliance increases accident risks.
  • The Childcare Act 1991 outlines essential regulations covering health, first aid, and staffing for pre-school services.

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