Advice On Fairground Accident Claims

Fairground accident claims can be made by injured visitors and employees who have experienced harm due to faulty attractions, poor safety standards or ride operator negligence. If this happened to you, this guide will help you understand more about fairground accident claims for public liability injury compensation.

We’ll start by explaining what fairground accident compensation claims are and how you could suffer injury due to the actions or inactions of those who run them. Additionally, we provide advice on how to claim on behalf of your child if they sustained an injury while at a theme park. Fatal fairground accidents are also discussed. We list what evidence you could use to strengthen your personal injury claim. After this, we discuss compensation and what it could cover if your theme park accident claim is successful.

Our final section will lay out the many benefits of instructing a personal injury solicitor to act on your behalf. Perhaps one of our No Win No Fee solicitors could help? Find out more by reading the sections below, or connect with our advisory team now:

• Ring us on 0161 509 2856 to learn more on how to claim compensation.
• Contact us via the online claim form.
• Learn more about fairground accident claims by asking the live feature a question.

Jump To A Section 

1. What Are Fairground Accident Claims?
2. Case Study – £45,000 Fairground Accident Compensation
3. How Could You Be Injured In A Fairground?
4. Can You Claim On Your Child’s Behalf For A Theme Park Accident?
5. How Do You Claim For Fatal Fairground Accidents?
6. The Process Of Bringing Fairground Accident Claims
7. How Could Compensation For A Fairground Accident Be Awarded?
8. Why Claim With Advice’s Fairground Accident Solicitors?
9. Fairground Injury Claims On A No Win No Fee Basis
10. Frequently Asked Questions
11. Learn About Making A Personal Injury Claim

What Are Fairground Accident Claims?

Like all areas open to the public, those in charge of fairgrounds have a duty of care to the general public as outlined by the Occupiers’ Liability Act 1957. This legislation obligates them to take practical steps to implement certain measures to keep visitors reasonably safe.

Fairgrounds and theme parks frequently have rides that carry an increased risk of harm. However, the public has a right to expect the rides to be safe and fit for purpose. Therefore, the responsible party (occupier) must pay very close attention to all the health and safety standards of the theme park by:

• Checking that the rides are assembled safely.
• That users of the rides understand the safety requirements.
• Age and height restrictions for rides are complied with.
• Protective equipment as required is provided (and is fit for purpose).
• Any unavoidable hazards are clearly indicated to the public.

If you would like to seek personal injury compensation for a fairground accident, you will need to prove that you satisfy the public liability claims eligibility criteria. You will need evidence that proves:

• You were owed a duty of care while in the fairground.
• This duty was breached. For example, the rides were not inspected as required.
• You sustained injuries due to this breach. For example, you fell off and broke your arm because a ride malfunctioned due to a lack of inspections.

Contact an advisor with your questions about fairground accident claims. They can also discuss the circumstances behind your fairground injury and assess whether you could have a valid claim.

Case Study – £45,000 Fairground Accident Compensation

A teenage boy was awarded £45,000 in compensation after he was injured at a travelling fairground in his local town. The restraint on the ride failed, and the boy fell to the ground, suffering a serious shoulder injury. After consulting with a solicitor, the family and their representative set about gathering evidence and it became apparent that the latest round of maintenance checks for the rides had not been carried out.

The fairground admitted liability for the incident, conducted a safety training review and paid out £45,000 in compensation for the following:

• £20,000 for the dislocated shoulder.
• £15,000 for the parents’ lost earnings.
• £10,000 in medical bills for physiotherapy, rehabilitation and counselling sessions.

The claim was made on a No Win No Fee basis so the family did not have to pay any solicitor fees during the process, only paying a success fee to the solicitor upon the matter’s conclusion.

This is only an example case study*, your experience may be entirely different, but you could still have a valid claim. You can learn about making fairground accident claims by speaking to our advisors today.

How Could You Be Injured In A Fairground?

If those in charge of the fairground rides fail to give proper care and attention to the site, there are many ways that a member of the public might suffer injury. Here are some general examples:

• The rubber bumpers on the Dodgems did not receive maintenance before use. This caused a rider to suffer a serious neck injury in a (deliberate) collision.
• The seats or restraints on a Big Wheel were not sufficiently screwed together and collapsed in the middle of a ride. Two people suffered serious injuries when they fell from a height because of this.
• Faulty vending machines caused a fire that caused several people to suffer burns and scalds when seeking refreshments.
• The carriages of a rollercoaster broke apart and collided with each other halfway up the slope of the ride. Several people suffered fractures and head injuries to a child.

Given the complexity involved with putting together fairgrounds that travel the country, there are many other scenarios in which a person could suffer injury due to negligent site operations. If you feel that your injuries were the result of poor adherence to safety standards, speak to our team about fairground accident claims.

Can You Claim If Injured When Working At A Theme Park?

If you were injured in a fairground or theme park setting where you work, you could have a compensation claim for employer negligence.

Employers owe their employees a duty of care as outlined by the Health and Safety at Work etc. Act 1974 (HASAWA). They are obligated to take reasonable actions to protect the health, safety, and well-being of workers. Some examples of failure to meet this duty of care include:

• The employer failed to provide the correct personal protective equipment (PPE) to a staff member. Because of this, a worker wearing the wrong shoes slipped on a water slide, suffering broken bones and a mental health injury.
• Incorrect tools and equipment were provided to the workers when assembling the fairground, and this caused them to suffer cuts, bruises and fractured bones.
• An unsupervised member of staff carrying out repairs on a rollercoaster ride suffered multiple serious injuries after falling from poorly planned works at height.

As with members of the public seeking to make a claim, an employee who would like to make an accident at work claim will need to prove that when a duty of care they were owed was breached, they sustained injuries. Call our advisors to find out more about accidents at work claims.

Can You Claim On Your Child’s Behalf For A Theme Park Accident?

Perhaps the injured person is a minor (under the age of 18), which is very likely in a theme park or fairground accident. A personal injury claim can be started on their behalf by the parent, guardian or other concerned party through the role of a litigation friend. We’ll discuss this in more detail later on in this guide.

Our advisors can offer free advice on this if you choose to get in touch.

How Do You Claim For Fatal Fairground Accidents?

Fatal fairground accidents are mercifully rare, but they can happen. If a loved one lost their life at a fairground or theme park because of a negligent operator, you can still start a claim for the impact of their death.

Under the Law Reform (Miscellaneous Provisions) Act 1934 (LRMPA), the estate of the deceased is the only party that can claim in the first 6 months of the individual’s passing. This claim would be for the pain and suffering experienced prior to the person’s death.

Additionally, the 1934 act allows the estate to claim on behalf of qualifying dependants. If that doesn’t happen in those first 6 months, then certain relatives can claim for the impact of the death of their loved one, as per the Fatal Accidents Act 1976.

The following qualifying relatives can start a fatal injury claim:

• A current or former wife, husband or civil partner.
• A person who lived with the deceased for 24 months prior to their death, and who were living together as a couple during this time.
• A parent or other ascendant of the deceased.
• Anyone regarded as their parent (such as a step-parent).
• The child or other descendant of the deceased.
• Someone treated as their child because of a relation through marriage or civil partnership at any point (including current stepchildren or those from a previous marriage/civil partnership if still treated as their child).
• The brother, sister, uncle or aunt of the deceased.

If you have any questions about fairground accident claims and fatal injury compensation, please speak to a member of our advisory team.

The Process Of Bringing Fairground Accident Claims

The process of bringing fairground accident claims involves gathering the right evidence and ensuring that as much information as possible about what happened has been properly recorded. We’ve set out some of the key steps for you below. Remember, more information, as well as a free eligibility check, can be provided by our friendly advisors.

Seek Medical Attention

Getting medical help is the most critical part of the fairground injury claims process. Your health is our primary concern, and because fairground accidents often involve serious falls or high-intensity impacts, prompt medical care is key. Any medical records from your treatment can also be used as supporting evidence for the claim, so there are clear benefits for getting medical attention straight away.

Secure Information And Evidence About The Incident

Evidence will show how the operator of the fairground was responsible for the injuries you suffered. Some examples of the evidence you could use when seeking compensation for a fairground accident have been summarised here:

• Medical documents: Copies of scans, examination notes, and post-surgical reports can all be used to show what injuries were sustained and how serious they were. 
• Witness contact details: Bystanders and fairground workers who saw the accident could be contacted for a statement by your solicitor. Pass on any relevant contact information to them so statements can be taken during the claims process.
• CCTV footage: Fairgrounds often have security cameras, which can be a great way of showing how an accident unfolded.
• Fairground records: These include amusement ride inspection certificates, maintenance logs, and training documents, all of which will help show if key safety measures were not taken or implemented incorrectly. 
• Photographs: Take pictures of your injuries, the attraction or games booth where the accident occurred, and the immediate area to document any disrepair or lack of appropriate signage.

If your injuries prevent you from collecting evidence yourself, such as in cases where you lost consciousness or were rushed to hospital, someone else can do this for you. 

Make An Official Record Of The Accident

Reporting the accident to a staff member or the fairground’s site manager enables immediate action and generates a formal record of what occurred. These records can be used as evidence if you later make a claim. 

Keep Ongoing Notes About Your Injury And Losses

A simple diary on how the fairground accident has affected your life, including any medical treatments you had and the side effects. You should also hold onto any documents that show your financial losses. These details will not only be used to calculate compensation amounts more accurately but also to provide a more personal perspective on your day-to-day.

Get Advice From A Personal Injury Specialist

Talk to our friendly advisors for a free eligibility check. If you have a valid claim, they’ll put you through to one of our personal injury specialists. Getting clear legal advice will be a big help to you, as our solicitors can explain the claims process and the specific legislation governing fairgrounds.

Check You Are Within The Legal Time Limit

Starting a claim within the time limit is of the utmost importance. Typically, you will have 3 years from the date of the fairground accident to begin a claim, but exceptions can apply.

Additional information on seeking compensation for a fairground accident is available from our advisors.

How Could Compensation For A Fairground Accident Be Awarded?

A successful personal injury claim can consist of 2 heads of loss:

• General damages compensate the claimant for the physical pain and any psychological injury. Long-term disability and damage to quality of life are also acknowledged here.
• Special damages may reflect any financial loss caused by someone’s injuries.

To claim for special damages, it is necessary to put forward documented evidence of any expenses and losses. For example, wage slips that prove time was missed from work resulting in a loss of earnings, or medical bills for private treatment and rehabilitation.

In order to calculate general damages, solicitors may refer to available medical evidence and compare it with publications like the Judicial College Guidelines (JCG). This document provides compensation bracket guidelines for a variety of injuries based on type and severity.

We’ve provided a list below featuring brackets from the JCG. However, the first figure we provide is not from the JCG.

Compensation Guidelines

Please note that the following guideline brackets are not a guarantee of compensation:

• Up to £1 million plus for multiple severe injuries and special damages for lost earnings, care costs, and private medical treatments.
• £396,140 to £493,000 for tetraplegia, where, in the mid-range of compensation in this bracket, the person has a life expectancy of 25 years or more and is fully aware of their disability.
• In the region of £181,020 for a severe (i) neck injury featuring cases like incomplete paraplegia or spastic quadriparesis that is permanent.
• £47,320 to £85,100 for a severe (iii) injury to the back involving cases like fractures of vertebral bodies or discs. Issues will include ongoing severe pain, impaired agility, and depression.
• £32,450 to £47,810 for a moderate (i) pelvic/hip injury, which, although significant, leaves no major permanent disability. Any future risk will not be great.
• £17,640 to £35,390 for a less serious hand injury involving, for instance, a severe crush that leads to significant impairment of function.
• £15,580 to £23,430 for a serious shoulder injury that features cases like a shoulder dislocation and lower brachial plexus damage. This injury will result in issues like elbow aching, sensory problems, and weakened grip.
• Up to £16,770 for modest injuries to the ankle involving minor, less serious, or undisplaced fractures, ligamentous damage, or sprains.

Take this opportunity to discuss your potential fairground accident claim with our advisors. They can evaluate the strength of your case in one phone call and answer any other questions you may have about damages and the personal injury claims process.

Why Claim With Advice’s Fairground Accident Solicitors?

If you claim with Advice’s fairground accident solicitors, you will get immediate access to legal representation that has decades of experience. That experience is backed by a clear track record of success: We have already helped thousands of clients and secured millions of pounds in compensation.

Fairgrounds are meant to be a fun day out for the whole family, and when something goes wrong, everyone at Advice understands the devastating physical and emotional effects this often has. With this in mind, there’s plenty that we do to provide compassionate, expert legal representation and help ensure claims have the best possible chance of success. Here are just some of the comprehensive services Advice’s dedicated solicitors provide:

• Care referrals: Whether you or your child was injured in the fairground accident, we’ll refer you to relevant specialists for the necessary care and rehabilitation you need.
• Evidence gathering: We will interview any witnesses you wish to call upon and help collect the required evidence, including securing copies of ride inspection certifications and safety compliance records from the fairground operator.
• Compensation calculations: Working out a fair, accurate and representative compensation figure can be complex. Our assessments will be thorough to determine a compensation value that reflects the injuries caused and the financial harm sustained.
• Client updates: Your wellbeing is our priority. We will handle all aspects of the claim, including completing the required paperwork and keeping you informed of all developments, so you can focus on your recovery.
• Negotiations: Advice’s solicitors will meet with the fairground’s representatives and negotiate a settlement on your behalf.

These are just some of the things we can do for you, so why not speak to one of our advisors via the contact information given below and find out if you could make a claim today?

Fairground Injury Claims On A No Win No Fee Basis

Advice takes on all fairground injury claims on a strictly No Win No Fee basis with a type of contract called a Conditional Fee Agreement (CFA). This ensures our clients do not pay any service fee to the solicitor, both at the start of and if the claim fails. There will also be no such fee if the claim does not succeed.

Per the terms of The Conditional Fee Agreements Order 2013, our solicitors take a success fee if the claim is won. The law imposes a maximum percentage of 25%, so you cannot be overcharged. These benefits give the advantage firmly to the claimant.

It is completely free to find out if you could claim, so why not speak to one of our friendly advisors today? Discover more when you:

• Ring us on 0161 509 2856 about your fairground accident claim
• Contact us via the online claim form.
• Learn more about fairground accident claims by asking the live feature a question.

Frequently Asked Questions

These common questions have been included to give you some additional guidance.

Who Could Be Held Liable For A Fairground Accident?

The person or organisation responsible for the fairground is most likely to be held liable for the accident. However, if the individual or organisation responsible for the rides is different, they may be held responsible, as can the manufacturer.

Can I Claim Compensation If I Signed A Waiver At The Fairground?

Yes, you certainly can claim compensation even if you signed a waiver at the fairground. A waiver does not exempt any occupier from complying with any relevant health and safety regulations.

What Should I Do Immediately After A Fairground Accident?

Immediately following a fairground accident, you should seek medical attention and report the accident to a member of fairground staff. In addition to ensuring your safety and that of others, these actions can help create evidence.

Can I Claim If I Was Partly To Blame For The Accident?

Yes, you can still claim even if you were partly to blame for the accident. In these cases, you can make a split liability claim. Your compensation will be reduced based on how much responsibility for the accident you have.

Learn About Making A Personal Injury Claim

As well as this guide about theme park accident claims, these other articles from our website offer further reading:

• This guide looks at claiming compensation for a playground accident.
• In addition to this, we answer some FAQs about public liability claims.
• Here is a guide on compensation for accidents in public places.

External links:

• This guide looks at health and safety guidance for fairgrounds from the Health and Safety Executive.
• See when to call 999 from the NHS.
• Information about claiming Statutory Sick Pay (SSP) from the government.

We value your interest in this article about fairground accident claims. *Please note that the fairground shoulder injury case study was only included for illustrative purposes.