No Win, No FeeA trip to a theme park or an amusement park is usually a great day out for most visitors. However, the day can be ruined if you suffer injuries in an amusement park because of something the operator or someone else did wrong. In these cases, it may be possible to claim compensation for any suffering you endured. As such, we’ve written this guide on amusement park injury claims to make it easier to understand the types of theme park accidents that you could claim compensation for.
One of our specially trained advisors can review your options with you as part of a no-obligation telephone consultation. They’ll offer free legal advice, answer any questions and assess whether you have a reasonable chance of being compensated. If you do, a personal injury lawyer from our panel may decide to represent you on a No Win, No Fee basis. That means legal fees only need to be paid if your claim is successful.
To find out more about amusement park injury claims, please read on or call us on 0800 652 1345 today.
Can I claim compensation for an injury at an amusement park?
So that we don’t waste your time, we’ll always be honest about your chances of being compensated. To assess if you’ve got a strong enough claim, we’ll check whether:
- A member of staff or the amusement park operator acted negligently; and
- An accident occurred because of that negligence; and
- You were injured (or made ill) as a result.
To receive compensation from an amusement park, you’ll need to prove that each of the criteria listed above is true in your case. As such, we’ll look at the types of proof you could use to do so later on in this guide.
Am I entitled to compensation if I was injured while working at an amusement park?
As well as trying to keep visitors as safe as possible, amusement park operators must try to do the same for their staff. As such, if you have been injured while working at an amusement park, you could be compensated for injuries caused by inadequate training, a lack of personal protective equipment, faulty equipment or other forms of negligence by your employer.
Please call if you’d like more information about how to proceed with a claim.
How should amusement parks try to prevent accidents?
Whether you’re visiting the newest amusement park in the world or an old seaside theme park, the operator will owe you a legal duty of care to keep you as safe as possible. That duty generally involves:
- Conducting regular risk assessments to try and identify any hazards and dangers and then remove them where possible.
- Maintaining all rides in accordance with the manufacturer’s guidelines.
- Training all staff on how to operate rides correctly and safely.
- Ensuring all staff know what to do in an emergency situation.
- Regularly check that rides are functioning properly before people are allowed to board.
- Controlling the number of guests allowed into the amusement park to comply with fire and safety regulations.
- Providing clear guidance to guests on how to use each ride safely.
- Checking all guests are above the minimum height requirements for rollercoasters and rides.
As we explained previously, any breach of duty (or negligence) that causes an amusement park accident may entitle you to compensation for any resulting injuries.
Common amusement park accidents
We’ve listed some examples of the type of amusement park accidents and incidents below that could allow you to claim compensation. Remember, if you’ve been injured or made ill in a theme park and your suffering was caused by the operator’s negligence, we could help you to start a claim.
Rollercoaster and ride accidents
Fortunately, rollercoaster crashes are quite rare in the UK (but they do unfortunately happen from time to time). If you’re injured on a rollercoaster or other type of ride because of safety defects, operator error or because safety procedures were not adhered to, you could be compensated for your injuries. You could also claim for less serious injuries like cuts and lacerations caused by sharp edges or damaged seats.
Slips, trips and falls
Slips, trips and falls are some of the more common reasons for injuries across a range of different scenarios and not just amusement parks. In the event of a spillage or dropped litter the amusement park management has a legal responsibility to clear these and ensure maximum safety at all times. At worst, warning signs should be erected in potentially dangerous areas before the spillage or litter can be removed.
Claims could be based on slips on wet floors in amusement park restaurants, tripping over stock littered on a shop floor or falling over because of a defect in the car park.
Being trapped on a ride
If a ride breaks down, there should be a clear evacuation procedure to try and ensure you can leave the ride safely. If you’re trapped on a ride because of a breakdown for any length of time, it may be possible to seek damages for any psychological harm i.e. anxiety or distress caused by the situation.
Food poisoning
You’ll usually find plenty of food outlets in most amusement parks so that you can get a bite to eat during your visit. If you were ill because your meal was not cooked properly or it was prepared in unhygienic conditions, you may be able to claim food poisoning compensation for the suffering caused.
Overcrowding
Some amusement parks have long queues that wind their way in and out of buildings. To try and keep you as safe as possible, the number of people queuing for a ride should be monitored and controlled. If you were injured at a theme park after being crushed in a queue, we may be able to help you claim.
Falling signs
It may sound bizarre but injuries caused by falling signs tend to be fairly common, especially across some of the older amusement parks. For many people, it is this look back on bygone years which creates this mystique around amusement parks but health and safety should still be paramount.
If you’ve had any type of accident in an amusement park that was not your fault, call us on 0800 652 1345 to see if we could help you claim for your injuries.
Common injuries at amusement parks
It isn’t possible to provide details of every possible injury that could be sustained in an amusement park accident. However, some frequently reported injuries include:
- Cuts and lacerations.
- Varying levels of bruising.
- Soft tissue injuries including sprains and strains.
- Broken bones.
- Head injuries.
- Spine injuries.
- Whiplash.
It’s important to note that these injuries are not unique to the UK and can happen in amusement parks around the world.
How does my solicitor determine how I’ve suffered?
As part of your amusement park injury claim you may have to attend an independent medical to prove the extent of your injuries. Usually, your solicitor will arrange a local appointment with an independent specialist.
The appointment is nothing to worry about though. You’ll simply speak with the specialist about the impact of your injuries and they’ll conduct an examination. After the appointment, your solicitor will use the medical assessment report to help calculate the level of compensation you might be entitled to.
How much compensation for an amusement park injury claim?
It is difficult to put a figure on how much compensation might be awarded after an amusement park accident as every claim is different. However, damages could be awarded to cover:
- Physical pain and discomfort.
- Mental harm caused by distress, depression or anxiety.
- Loss of enjoyment of your visit to the theme park.
- Loss of amenity i.e. the impact your injuries have on your usual hobbies.
- Medical costs such as physiotherapy fees.
- Lost income (including future losses for long-term injuries).
- Travel costs.
- The cost of a carer if you needed help whilst injured.
- Personal property replacement costs.
- Mobility aids or home adaptations to make life easier if you’ve been left disabled following an amusement park accident.
As you can see, there is a fair bit to consider when making an amusement park injury claim. Your solicitor will review everything in detail with you to try and ensure any settlement is fair and covers all of your sufferings.
Providing proof for amusement park injury compensation claims
There are no set rules on what you should do if you’re injured at an amusement park but some of the actions set out below could help if you later decide to start a compensation claim.
- Report the accident. You should let a member of staff know about what happened as soon as possible. You may need to visit guest services so that an accident report form can be filled in.
- Take photographs. If it is safe to do so, try to take pictures of what caused your injuries as soon as possible. Ideally, you should do this before the cause is removed from the amusement park accident scene.
- Collect witness details. Your solicitor may need to gather witness statements if your version of events is questioned by the theme park’s insurers. For this reason, ask anybody else who saw what happened for their contact details.
- Seek medical treatment. Rather than relying on first aid, you should attend A&E, a GP surgery or a minor injuries unit to have your injuries properly diagnosed and treated. If needed, your medical records can be requested as part of the claims process.
- Ask for CCTV footage. Most theme parks and amusement parks have large numbers of security cameras to help keep guests safe. As such, you should request a copy of any relevant footage as soon as you can.
Even if you don’t have all of the proof you need to support your claim yet, please feel free to discuss matters with a member of our team. If your claim is accepted, your solicitor will act on your behalf to secure further evidence if needed.
No Win, No Fee claims
It can be quite difficult to win a personal injury claim but we believe you’ll have a better chance if you have specialist legal representation. Importantly, our solicitors do not charge any upfront legal fees if your claim is taken on as they’ll work on a No Win, No Fee basis. Essentially, you won’t pay for your solicitor’s work unless compensation is awarded.
So that you don’t have to answer any tricky questions, your solicitor will manage the amusement park injury claims process on your behalf. They’ll deal with the amusement park’s insurers for you and try to counter any objections raised regarding your injuries or liability for the accident. For the duration of the claim, you’ll receive regular updates about any progress and any questions you have will be answered.
If a settlement offer is received, it will be carefully reviewed with you to try and ensure it compensates you fully. If you agree to settle the claim, a set percentage of your compensation would be deducted as a success fee to cover your solicitor’s work.
To check if one of our solicitors will take on your claim, please call our team today.
Amusement park injury claim time limit
As you might already know, all personal injury claims have a 3-year time limit in the UK. Usually, for amusement park injury claims, the limitation period begins on the day of the accident.
However, if the claimant is a child, the time limit does not begin until their 18th birthday. As a result, a litigation friend can seek justice on the child’s behalf at any point before that date.
It’s important to note that there may be some exceptions to this time limit, especially if the injury was not immediately apparent, or if the victim lacked mental capacity at the time of the amusement park accident. In these cases, the time limit may be extended.
As it can take time to prepare a personal injury claim, it’s a good idea to begin the process as soon as you can. This might also help if you are struggling financially because, in some cases, your solicitor may be able to secure interim payments before your claim is settled.
During your free initial consultation, we’ll confirm how long you have to start your claim.
Start an amusement park injury claim today
We can help if you would like to find out if you might be entitled to compensation from an amusement park. Simply call us on 0800 652 1345 today and we’ll review your options with you.
If your claim is taken on, you won’t need to pay any legal fees whatsoever unless you receive a compensation payout. In our experience, that should greatly reduce any stress associated with your claim.
Please use live chat to connect with us if you have any further questions on amusement park injury claims, or request your free consultation here.
