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. Any settlement, whether through the Injuries Resolution Board, an insurance company, or a court, requires court approval. Once approved, the funds are held in court until the child turns 18.
Has your child sustained an injury?
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.
If you have any legal questions or wish to start your claim, please do not hesitate to contact our dedicated and experienced team of solicitors who will be more than happy to talk you through the whole process and answer any questions that you may have.
Claiming for Children under 18 years – FAQs
Who Makes the Claim?
What is the time limit for Child Claims?
What happens the Monies Awarded to the Child?
Can a Child Start a Claim?
How is the Child’s Compensation Award Managed?
Playground Accidents – How to know if the child has a Claim
How to know if a Crèche or School is Liable?
Common Injuries caused by Dangerous or Defective Toys
- Cuts & bruises
- Burns
- Choking or Suffocation
- Strangulation
- Puncture wounds
Safeguarding compensation claims for children under the age of 18
- A person under the age of 18 years is not permitted by law to bring a claim in their own name. If a child has sustained injuries as a result of an accident then it is up to the parents or guardians of the child to bring a claim on behalf of the child.
- If the guardian or parent is claiming on behalf of the child, it will be brought in the name of the child but will name the parent or guardian as Next Friend. The parent / guardian will sign all necessary paperwork on behalf of the child.
- Whether the claim is finalised through the Injuries Resolution Board, an insurance company or settled after issuing court proceedings it will be necessary to have the settlement offer Ruled by the court. This means that the court will have the final say as to whether the settlement offer is sufficient to compensate the child.
- If the Judge approves of the settlement then he will make an Order consenting to the Ruling and the money will be lodged in Court until the child reaches the age of 18. If the Judge does not approve the settlement then he will advise the parties to renegotiate or in the alternative to seek additional medical or expert evidence.
Time limit for child claims – statute of limitations
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, although we don’t recommend waiting this long, legal action can be taken up to their 20th birthday.
With all personal injury claims we advise seeking legal advice as soon as possible. This law is in place for children as it’s not always possible to define the long term physical or psychological consequences of the injury the infant has suffered until they have reached maturity.
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 service | Age of children | No. of adults | No. of children |
| Sessional services | 0 to 1 years | 1 | 3 |
| 1 to 2.5 years | 1 | 5 | |
| 2 to 5/6 years | 1 | 11 | |
| Full/part-time day care | 0 to 1 year | 1 | 3 |
| 1 to 2 years | 1 | 5 | |
| 2 to 3 years | 1 | 6 | |
| 3 to 6 years | 1 | 8 | |
| Drop-in centres | 0 to 6 years | 1 | 4 (only 2 or less under 15 months) |
| Childminders | 0 to 6 years | 1 | 5 (including his/her own) |
| Overnight pre-school service | 0 to 1 years | 1 | 3 |
| 1 to 6 years | 1 | 5 |
Related Articles
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.
Road Traffic Accidents
If you were injured in a road accident due to another party’s fault, you may be eligible for compensation. Our legal team will guide you through the claims process.
Personal Injury Accidents
Injury claims involving accidents in public places, leisure centres, and workplaces are common. We will assist you in determining who is legally responsible and secure the compensation you deserve.
Accidents at Work
Common workplace accidents arise from heavy lifting, carrying, slipping, tripping, falling objects, tools, machinery or repetitive tasks. Employers have a duty to provide a safe work environment. If your injuries were caused in work you may be eligible to seek compensation.
Got a question about Starting a Claim for Personal Injury or Medical Negligence? Send us a message!
If you’ve suffered a personal injury through no fault of your own, the path to fair compensation can be daunting. Our experienced solicitors have successfully represented clients across Ireland, offering compassionate, expert advice. Contact us confidentially any day of the week by call, email, text, or contact form, and a solicitor will respond. We’re here to help 7 days a week.
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