Are you looking for support regarding compensation payouts for a theme park accident? This guide will explain whether you could be eligible to make a personal injury claim and what compensation may be available to you.
Theme park accident claims guide
In order to make a theme park accident claim, you must prove that a third party’s negligence caused the accident that led to your injuries. This can be demonstrated with evidence, which we will further detail in this guide.
We will also highlight the benefits of No Win No Fee agreements and how you could use one to fund the work of a personal injury solicitor from our panel. For more information, continue reading this guide. Additionally, you can reach our advisors using the following contact details:
- Call us on the number at the top of the webpage
- Ask your questions through the contact form
- Speak to an advisor instantly using the live chat feature
Choose A Section
- Guidance On Theme Park Accident Claims
- Determining Compensation For Your Funfair Accident
- Understanding Amusement Park Accidents
- Causes That Lead To Theme Park Accident Claims
- What Are The Benefits Of Using A No Win No Fee Solicitor?
- More Information On Theme Park Accident Claims
Guidance On Theme Park Accident Claims
In order to make a personal injury claim, you must show the following:
- A third party owed you a duty of care
- This duty of care was breached due to third-party negligence
- You sustained injuries in an accident that occurred as a direct result of this breach
You must provide evidence to support your case and prove that third-party negligence caused your injuries. We will discuss relevant evidence further in this guide.
Accidents can take place in many different kinds of public places, including supermarkets and restaurants. It is important that you identify who the correct third party is that you will be claiming against. For example, the local council or the owner of the company/building you were injured in could be responsible for the injury you sustained.
However, in this guide, we’ll focus on how an accident may occur in a theme park due to the negligence of a third party, such as the theme park’s owner. Specific health and safety regulations are in place to protect people in public, including when at a theme park.
A general three-year time limit is in place to start your personal injury claim. This can begin on the day the accident occurs or the date you connect knowledge with your injuries. However, some exceptions include cases where the injured party is under 18 years old. In this case, a litigation friend can start the claim on their behalf. If a litigation friend does not claim for them, the time limit begins on their 18th birthday for them to claim themselves.
If you’ve sustained injuries after a theme park accident, you may be eligible to make an accident in a public place claim. Contact our team today for more support.
Determining Compensation For Your Funfair Accident
When you make a personal injury claim, your settlement could consist of two different heads:
- General damages compensate you for the physical and psychological damage you sustained from the accident.
- Special damages reimburse you for any financial losses following the accident. This includes any travel costs to hospital appointments, loss of earnings from taking time off work and prescription costs.
We’ve listed below some examples of compensation brackets that may relate to your personal injury claim. These are shown in the Judicial College Guidelines (JCG). This is a document used by legal professionals to help them assign value to general damages.
| Injury | Compensation Bracket | Description |
|---|---|---|
| Very Severe Brain Injury | £282,010 - £403,990 | Some ability to follow basic commands, little evidence of meaningful response and little to no language function. |
| Moderately Severe Brain Injury | £219,070 - £282,010 | Severe disabilities, which can include limb paralysis. The injured person requires constant care with life expectancy greatly reduced. |
| Moderate Brain Injury (i) | £150,110 - £219,070 | Effects include effects on sight, speech and senses, personality chance and moderate to severe intellectual deficit. |
| Moderate Brain Injury (ii) | £90,720 - £150,110 | The injured person will have reduced or removed the ability to return to work with some risk of developing epilepsy. |
| Amputation of Both Legs | £240,790 - £282,010 | This bracket includes the loss of both legs with rewards depending on the severity of phantom pains, prosthetics' success, and psychological problems. |
| Below-Knee Amputation of Both Legs | £201,490 - £270,100 | The loss of both legs below the knee leads to backache and degenerative changes in hips, spine and lower limb joints. |
| Most Serious Leg Injury | £96,250 - £135,920 | Awarding damages at a similar level to amputation due to the severity of the injury. Includes injuries where fractures have not united and extensive degloving of the leg. |
| Very Serious Leg Injury | £54,830 - £87,890 | Injuries include fractures taking years to heal, severe deformity and limitation of movement. |
| Serious Leg Injury | £39,200 - £54,830 | Injuries to joints or ligaments that result in instability, prolonged treatment, and extensive scarring. |
| Moderate Leg Injury | £27,760 - £39,200 | Injuries include complicated fractures and severe crushing injuries leading to unsightly scarring and permanently increased vulnerability. |
Please be advised that these compensation brackets are a guideline. Contact our team today for a more accurate sum of what your theme park accident claim could be worth.
Understanding Amusement Park Accidents
The Occupiers’ Liability Act 1957 states that the party in control of a public place must take steps to ensure the space is safe for members of the public. Accidents can occur when these measures aren’t taken.
In theme parks, a breach of duty of care could include:
- Not completing regular maintenance checks on rides resulting in equipment breaking down and causing serious injuries, for example, head injuries.
- Bad housekeeping in toilets and food outlets on site, causing slips, trips and falls.
- Failing to fix faulty fixtures and unsafe areas despite being aware of the hazards, such as missing railings and broken safety doors.
Theme park accidents can result in both fatal accidents and non-fatal accidents causing potentially life-changing injuries. You may be entitled to claim on behalf of a loved one involved in a fatal accident caused by negligence at a theme park.
You can contact us with any queries about making a personal injury claim by using the live chat window on your screen.
Causes That Lead To Theme Park Accident Claims
Third-party negligence in funfairs can lead to serious ride breakdowns. Accidents and injuries in a theme park could include:
- Fall from a height due to being on an unsafe funfair ride. This could result in whiplash
- A broken leg caused by uneven surfaces and trip hazards that failed to be signposted
- Debris that falls from rides due to poor maintenance and causes eye injuries
It is advised that you receive medical attention as soon as possible after your accident. This increases your chances of a quick recovery and provides evidence to support your claim. Further examples of evidence can include:
- CCTV footage of the accident taking place
- Photographs of the scene of the accident and of your injuries
- Details of witnesses that can support your claim
- Medical evidence such as hospital reports, prescriptions and doctor’s notes.
Without providing evidence, it is unlikely that you will receive a theme park accident payout.
Our advisors offer free legal advice to help you with your personal injury claim. You are under no obligation to continue your claim with us after we’ve provided you with information. To hear more, reach out to our team.
What Are The Benefits Of Using A No Win No Fee Solicitor?
You may be interested in working with a No Win No Fee solicitor for your claim for a theme park accident. A common form of this is known as a Conditional Fee Agreement (CFA), this type of arrangement allows you to fund legal representation with no upfront costs. Furthermore, there are no charges by your solicitor for the duration of your claim or if you don’t receive a payout.
In the event that you’re successful with your funfair accident claim, your solicitor will require a legally capped success fee that will come from your settlement total. Before you commit to this agreement, your CFA solicitor will discuss the terms and conditions with you to avoid any hidden charges.
If our advisors believe your claim has a good chance of success, they may put you through to a specialist solicitor from our panel. They may work with you to simplify the process and aid you in starting the claims process.
Get Advice On Theme Park Accident Claims
To reach our advisors and start the personal injury claims process, use the following contact details:
- Message us instantly using the live chat
- Call us on 020 8050 2736
- Connect using our contact form
More Information On Theme Park Accident Claims
The external resources below may be helpful to you:
- The NHS offers advice regarding dealing with a broken arm or wrist.
- If you’ve had to take time off work to recover from your injuries, the government offers Statutory Sick Pay (SSP) to assist with loss of earnings.
- To see health and safety statistics in Great British workplaces, visit the Health and Safety Executive (HSE) website.
To see more of our guides about accidents in a public place, use the following links:
- Can I Claim for a Pub Accident?
- Claiming Compensation For A Swimming Pool Accident Claim
- How To Claim For An Accident In A Shop
- I Had An Accident At A Train Station – Can I Claim?
- Pavement Accident Claims Explained
- Advice For Making An Accident At School Claim
- Top Tips for Making a Gym Accident Claim
- Compensation Payout For A Nursery Accident
- Making A Claim For An Accident In A Nursery
We hope this guide on compensation payouts for theme park accident claims has been helpful to you. If you have further questions, our panel of personal injury solicitors can offer support.
Writer Jess Angel
Publisher Fern Stewart