My child was injured in a playground. Who is responsible?

What the Law Says

In Ireland, the legal responsibility for injuries in public or private playgrounds is governed by the principle of occupier’s liability — the duty owed by someone in control of land or premises to people who enter it.

Under the Civil Liability Act 1961, an occupier of premises owes a duty of care to visitors — including children — to take reasonable care to ensure their safety while on the premises.

This duty applies whether the playground is run by a local authority, school, childcare facility, or private operator. The law recognises that children may not fully appreciate risks, so occupiers must take extra precautions where young users are expected.

The standard is not perfection — but what is 'reasonable' in the circumstances, considering factors like the age of users, condition of equipment, maintenance records, and warning signs.

Statutory Text

An occupier of premises owes the same duty, the 'common duty of care', to all his visitors, except in so far as he is free to and does extend, restrict, modify or exclude his duty to any visitor or visitors by agreement or otherwise.

— Civil Liability Act 1961, s. 2 — Duty of occupier to visitors

What to Do

Sources