Holiday Accident Claims
Getting injured while on holiday can be a total nightmare, especially if it wasn’t your fault. You should be soaking up the sun and having…
Read moreTheme park accident claims
If you or your child have suffered an injury in a theme park accident, you may have a valid theme park accident compensation claim.
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Theme Park Accident Claims
Fairgrounds and theme parks offer a wonderful escape for thrill-seekers and families alike. On a fun-filled day out, the last thing you expect is to suffer an injury. Whilst theme parks adhere to some of the strictest health and safety regulations in the UK, the sheer number of visitors they attract means that accidents are sometimes inevitable.
Due to the wild nature of some of the rides, theme park injuries can be severe. Accidents are rare, but they do happen, both to members of the public and theme park employees.
What happens if you’ve been injured in an accident that wasn’t your fault? It doesn’t matter if you’ve been injured on a ride or just by walking around the park – if the accident was the theme park’s fault, you may be eligible to make a theme park accident claim.
To find out if you have a valid claim, call 0800 470 0474 to speak to an experienced legal adviser. Alternatively, you can request a call back by entering your details into our online claim form.
Key points about theme park accident claims
- Can I make a claim?
Yes, if you were injured on a theme park ride or within the grounds due to poor safety measures or staff error, you may be entitled to claim. - Who could be liable?
The park operator is usually responsible for maintaining a safe environment and properly operating rides. - Is there a time limit?
You generally have 3 years to claim for UK accidents, though this may differ abroad. For children, the time limit only begins on their 18th birthday. - How much could I receive?
Compensation varies depending on the type of injury, emotional trauma, and the financial impact of the injury. - Will I get a no win, no fee service?
Yes, your solicitor will only charge a fee if they win your case. If they don’t win, you won’t pay a penny.
If you would like to speak to a legal adviser about making a claim, call free on 0800 470 0474 or click here to request a call back.
By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.
Table of Contents
This guide will consider the risks associated with theme parks, the different accidents and injuries that could give rise to a claim, and help you navigate the process from start to finish.
Who can make a theme park accident claim?
If you have suffered an injury at a theme park through no fault of your own, you may be able to make a theme park injury claim. Every case will be different depending on the unique circumstances that gave rise to the accident, and a personal injury solicitor will assess the validity of your claim on a no win no fee basis*.
To be eligible for a successful claim, you need to satisfy certain criteria. For instance, you need to have sustained physical or psychological injuries as a result of negligence on the theme park’s part.
Your solicitor will be invaluable to you during this process as they review CCTV footage, and help you gather other available evidence to support your amusement park accident claim.
What are the health and safety requirements of theme parks?
As we’ve mentioned, amusement parks legally have to adhere to some of the strictest health and safety regulations, but these laws are quite complex.
The regulations cover all the theme park elements, from the organisation and running of onsite restaurants to the actual rides themselves.
Some of the regulations stipulate that;
- Park designers must ensure that their creations are safe
- Managers have a responsibility to carry out daily risk assessments and oversee that the park runs smoothly and safely.
- Operators must oversee that the rides they are working on are in good condition, and if there are any issues, they must immediately be reported, and the ride shut down.
Who is liable for your injuries in a theme park accident claim?
As we’ve seen, both the owners and operators have a legal duty of care to make sure that rides, equipment and public areas are safe for anyone on the premises.
However, identifying who exactly is to blame for negligence can be a bit more complicated due to the number of people involved in the daily running of a theme park. The incident could have resulted from a design fault, operators, or technicians.
Your personal injury solicitor will review the evidence of your case to determine who is to blame. Your claim will be handled by the theme park’s insurance company, and will not come out of the pocket of a specific individual.
If the theme park is found guilty of negligence and risked customers’ lives, they may face paying hefty fines.
What type of accidents can result in a theme park accident claim?
Next, let’s take a look at the typical types of accidents that could give rise to a theme park accident claim. The list is by no means extensive, but it includes;
Ride operator errors – To err is human, but theme park operators do not have the luxury of a safety margin. They are rigorously trained to operate all rides safely. Failing to do so can result in severe injuries and a subsequent amusement park accident claim.
Safety barrier defects and safety feature failures – Harnesses and straps are there to keep you secure during your ride. Most theme park rides also have a built-in automatic safety mechanism to take over if something on the system fails. These features, for instance, should stop collisions and regulate the speed of the ride. If they fail, the results can be catastrophic.
Fallen debris – Any loose rungs coming down from the tracks, or any other falling debris for that matter, can also qualify for a personal injury claim if it results in somebody being injured.
Trips, slips and falls – These occur more often than you might think. Guests can often trip or fall on spillages, cables, uneven pathways, or as a result of poor lighting getting onto certain rides.
Poor food hygiene – Food poisoning is not the first thing you think of when you consider theme park accidents, but it is another potential occurrence in theme park food courts and onsite restaurants.
What are the most common injuries sustained in theme parks and amusement parks?
Following an accident, these are some of the most common types of injuries, which can vary in severity;
- Whiplash – When a ride comes to a sudden halt, you can seriously hurt your neck.
- Head injuries – Head injuries can be quite severe, and collisions or fallen debris can often have a life-changing effect on the victim.
- PTSD – If the accident was severe, you might suffer from long-term shock or post-traumatic stress disorder. This also applies to bystanders who witnessed an amusement park accident.
- Food poisoning – We’ve briefly mentioned the risk of poor hygiene in food courts. Contaminated food in combination with jarring rides is a recipe for disaster.
- Cuts, bruises or broken bones – As you can imagine, being thrown from a ride can cause serious injury. Slipping or tripping also often leads to sprains or broken bones.
It is also worth mentioning that you can claim for any psychological injuries sustained as well (like PTSD, as discussed above). Any traumatic stress, even if you haven’t suffered physically, will also be included in your claim.
What evidence will I need for a theme park compensation claim?
Evidence to back up your claim is always helpful and will go a long way to assist your solicitor and to process your case that much quicker.
We understand that it can be difficult to think clearly after such a traumatic experience, but where possible, try to do the following after a theme park accident (where it is, of course, safe and practicable to do so);
- Report the accident – Report the incident to any member of staff, and make sure that you get a copy of the accident report.
- Photographic evidence – Take photos and videos of the scene.
- CCTV footage – Many modern rides are equipped with cameras to capture the thrill. CCTV cameras also cover most public areas, so request a copy. This footage may help to show exactly what went wrong and why.
- Get witness reports – Theme parks are usually packed with visitors, so there is a good chance there were at least a couple of witnesses to the incident. Jot down their contact details to get an official statement from them at a later stage.
- Seek medical treatment – Assuming you haven’t been taken to the hospital already to treat more serious injuries, you should have your injuries assessed independently, even if you think they aren’t too bad. Shock and adrenaline can often mask significant injuries. Medical records can also bolster your claim.
What compensation can I claim for a theme park accident?
As with most personal injury claims, we can’t provide you with an estimated settlement amount. Payouts for theme park accidents have indeed run well into hundreds of thousands of pounds, but the settlement is calculated on a case-by-case basis. Therefore the amount will vary considerably, and you shouldn’t base your payout on what someone else received.
When calculating the amount of compensation, your solicitor will fight for the best settlement, but consider all the aspects, including the severity of your injuries and any financial losses you sustained.
The compensation amount will consist of two parts, which are known as general damages and special damages:
- General damages will take into account the physical or psychological suffering you have endured.
- Special damages will aim to recoup any additional costs, like medical treatment, loss of income, property damage and ongoing care.
You can use our compensation calculator for a rough ballpark figure based on the type and severity of the injury you have sustained. But please remember that these calculators only act as guidelines and don’t take into account your specific circumstances.
For a more accurate assessment, contact a personal injury solicitor who will be able to fully assess your accident and injury and advise on a possible settlement amount.
My child was injured at a theme park. Can I claim on their behalf?
If you claim on behalf of your child, you will become what is legally known as their “litigation friend.” You will act on their behalf and make all the important decisions about the claim. Parents or legal guardians have until the child’s 18th birthday to claim as a litigation friend.
If you choose not to make a claim on behalf of your child and prefer to wait until they come of age, your child will have until their 21st birthday to make a claim themselves.
Should the worst come to pass, and your child was fatally injured in a theme park accident, you have three years from the date they passed away to claim for your grief and loss.
Start a no win no fee claim today
If you or a loved one have suffered an injury at a theme park that wasn’t your fault, find out today if you are entitled to claim compensation.
Making an injury claim can help to compensate you for the pain and suffering you have endured, as well as any financial losses you incurred as a result.
If you have a valid claim, your solicitor will be able to offer you a no win no fee service. This means there are no upfront costs, and you won’t pay a penny if they are unable to win your claim.
If they succeed in winning your case, your solicitor will charge a maximum of 25% of the compensation awarded, which will be discussed and agreed upon right from the outset.
To find out if you are eligible to make a theme park accident claim, simply call us on 0800 470 0474 for a free assessment. Alternatively, if you prefer a legal representative to call you back, enter your details into our online form, and someone will get back to you as soon as possible.
By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy.
By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy.
