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How Much Compensation Can I Claim For A Theme Park Accident?

By Daniel Archer. Last updated 21st June 2022. Welcome to our guide on theme park accident claims. Theme parks are meant to provide a fun experience. Unfortunately, this is not always the case. While accidents are rare, they do happen, and visitors end up injured because of the negligence of others. If this is something that has happened to you, you may be able to make a claim for theme park accident compensation.

While we cannot take away the pain and suffering, we can make sure that you do not suffer financially because of it. After all, why should you have to experience a loss of income and medical expenses because of an accident that was not your fault?

We will be with you every step of the way, and we aim to make the claim process as straightforward and stress-free as possible. So, to get started, read on to find out everything you need to know about theme park accident claims.

You can also get in touch with us at any time to speak to an expert advisor about your claim. If they think your theme park ride accident claim could be successful, they could connect you with one of our solicitors.

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A Guide to Theme Park Accident Claims

Theme Park Accident Claims

Theme Park Accident Claims Guide

We have helped many children and adults that have been injured as a result of an accident at a theme park or fairground. There are strict health and safety procedures in place that must be adhered to by anyone involved in the design, maintenance, construction, organisation, and operation of an amusement park. If these rules have not been adhered to, and you have been injured as a consequence, or someone you love has been involved in a fatal accident, we can help you get the full payout you deserve.

Within this guide, we’ll explain how exactly a theme park accident is defined and the different types of injuries this type of accident can cause. We’ll also look at the different ways a theme park accident can potentially occur.

We’ll also go through the recommended steps to follow if you or a child of yours is injured in an accident due to negligence by a theme park. We will also take a closer look at the types of damages you may be able to claim for following a theme park accident in the UK and potential compensation amounts.

What is a Theme Park Accident?

A theme park accident is any type of incident that has taken place at a theme park or fairground and resulted in injuries. To make a claim for such an accident, you need to prove that the incident was someone else’s fault. Aside from this, the accident must have occurred within the past three years, as this is the usual time limit on all personal injury cases.

This is applied by law under the Limitation Act 1980. There can be exceptions to how the time limit works under certain circumstances. The three-year time limit is frozen if the injured party is a child, and it remains frozen until the day the injured party reaches their 18th birthday. The time limit is also put on hold (at least temporarily) if the injured party lacks the mental capacity to act on their own behalf.

In both cases, a litigation friend is required to act on the claimant’s behalf until they can claim for themselves, if applicable.

Have You Been Injured in a Theme Park Accident?

If you have been injured in an amusement park accident that was not your fault, it is important to get in touch so we can help you to secure the compensation that you deserve.

The most important step is always to get the medical attention you require. Even if your injuries are minor, it is important to see a doctor. This is because the medical report is one of the most crucial pieces of evidence in any case.

Once you have done this, give us a call, and we will do all we can to secure compensation for you.

What Should You Do if You or Your Child Has Been Injured in a Theme Park Accident?

If your child has been injured at a theme park, you may be able to claim on their behalf. If you don’t, your child will have three years from the date of their 18th birthday to make a claim on their own behalf.

A child can’t start a claim on their own behalf before their 18th birthday, but a representative such as yourself or another close relative could potentially start a claim for them before they become an adult. A representative which claims on behalf of another injured party in a compensation claim is formally known as a litigation friend.

Fatal Accident and Death Due to a Theme Park Accident, Can I Claim?

If a loved one or family member has been involved in a fatal accident at a theme park, you may be able to make a claim on their behalf. This is so long as you are a relevant family member or dependant of the deceased under the Fatal Accidents Act 1976. You may be able to claim a bereavement award, as well as funeral expenses, medical expenses, punitive damages, and general damages for the suffering the deceased experienced before they passed.

Who is Responsible For Theme Park Accidents?

As part of the Health and Safety at Work etc. Act 1974, fair owners, operators, and managers have a legal duty to maintain their machinery. They must ensure it is kept in safe working order, so employees and the general public are safe. If these regulations have not been adhered to, the theme park and anyone involved in the error will be to blame.

Legislation that theme parks must adhere to includes:

What Can I Claim For After a Theme Park Accident Injury?

Our experienced advisors can assist with queries about compensation for the accident you have been involved in. There are a number of things you may be able to claim for, which can be categorised as either special damages or general damages:

  • General damages: This relates to the compensation you may receive for the pain and suffering you have experienced. This will be determined based on the medical report that your doctor has put together.
  • Special damages: This refers to the payout you will receive for any out-of-pocket you have encountered as a direct consequence of the accident. For example, this could be anything from childcare expenses and counselling costs to loss of income. It is important to make sure you have proof to claim for special damages, so keep hold of any receipts. It could also include medical expenses, such as emergency treatment costs, and ongoing expenses such as prescriptions for medicines required for treating the injury/injuries in the future.

Get in touch today to find out more about what you could claim after a theme park accident in the UK.

The Long-Term Effects of a Theme Park Accident

A UK theme park ride accident can have both physical and mental long-term effects, for which you may be able to claim for. This can include anything from ongoing head injuries to post-traumatic stress disorder.

Injuries sustained on a theme park or fairground could include:

However, this list is not exhaustive. If you’ve suffered some other form of injury due to a rollercoaster accident in the UK, you could still potentially claim. If you get in touch with us today, our advisors can give you a free assessment of your eligibility to claim.

Theme Park Rollercoaster Accident Claims

From ineffective safety barriers to falling signs and defective rides, there are many different problems that occur while on a rollercoaster if it has not been maintained properly.

A rollercoaster accident in the UK could also potentially occur if staff did not properly adhere to safety regulations. For example, there are often height restrictions attached to rollercoasters, and it is the responsibility of staff to ensure all riders reach the safe height. If someone was allowed on despite being too short because of the negligence of the staff and were injured as a result, they could potentially claim.

So long as you can show the incident was not your fault, you may be entitled to a theme park accident payout.

Who Can Claim For a Theme Park Accident?

You are able to claim for a theme park accident so long as the following applies:

  1. The accident was caused by the negligence or error of someone else.
  2. The accident happened within the past three years.
  3. You suffered some form of physical or mental injury.

Parents can also claim on behalf of their children, and you can make a claim if you have lost a family member due to a fatal theme park accident.

2022 Compensation Payouts For Theme Park Accidents In The UK

Part of your settlement will be calculated specifically in relation to the pain and suffering your injuries have caused you. This figure is known as general damages. A theme park accident can result in a variety of physical and psychological injuries. Additionally, all of these ailments can vary in how severe they are.

Legal professionals will require certain materials and resources to assist them in their calculations for your compensation. For instance, they will address your medical evaluation. They will also turn to a publication that contains a comprehensive list of injuries and a rough value in general damages. This publication is called the Judicial College Guidelines (JCG), and was last updated in 2022. You’ll find some example JCG entries in the table below. The amounts should be used only as a rough guide.

In order for your claim to be valued accurately, it will need to be individually assessed. All claims are unique, so amounts will vary.

Injuries Affecting SightLoss Of Sight In One Eye£49,270 to £54,830
Injuries Affecting SightMinor£3,950 to £8,730
Back InjurySevere£38,780 to £160,980
Back InjuryModerate£12,510 to £38,780
Back InjuryMinorUp to £12,510
Neck InjurySevereUp to the region of £148,330
Neck InjuryModerate£7,890 to £38,490
Neck InjuryMinorUp to £7,890
Leg InjuryLoss Of Both Legs£240,790 to £282,010
Leg InjuryLess SeriousUp to £27,760

If you’ve been injured in an incident such as a fairground accident, or even if you’ve lost someone due to a death at a theme park, our advisors are here and ready to offer free guidance. Get in touch today.

More compensation amounts for theme park accident claims

Theme park accidents in the UK can take many forms and cause various injuries of different severities. Because of this, the amount of compensation that can be awarded to a claimant will vary on a case by case basis. For instance, a claim for a broken leg caused in a fairground accident would have different considerations to take into account than claims for theme park deaths.

Additionally, the process would also be different in these two scenarios. For a broken leg claim, as long as the injured party is over 18 and has the mental capacity to do so, they can pursue their own claim. If the claimant does not meet these criteria, then a litigation friend may be appointed to claim on their behalf.

However, for a fatal incident, the claim would need to be made by a loved one of the deceased. For example, this could be a spouse, offspring, or another family member that is eligible under the Fatal Accidents Act 1976 or other relevant legislation.

When making a fatal accident claim, eligible family members may be eligible to receive a bereavement award for their own suffering. In addition, the level of suffering experienced by the deceased before they passed away may also influence the value of a fatal claim.

If you have any questions regarding theme park accidents in the UK and whether or not you could have a valid claim for compensation, get in touch with our advisors today. We are available to assist you 24/7 in any way that we can.

No Win No Fee Theme Park Accident Compensation Claims

We know that a lot of people don’t make a claim for compensation because they are worried about legal expenses. This is something you do not need to worry about when you choose our service. All of our theme park injury solicitors work on a No Win No Fee basis, offering you a degree of financial protection.

Theme park accident claims

Theme park accident claims

No Win No Fee means that you will only need to pay legal fees if your case is a success, in which case the fee will come from the compensation payout. If, for some reason, we are unable to secure compensation for you, you won’t need to pay legal fees. This eliminates the financial concern, and it also reassures you that we only take on cases that we believe have a genuine chance of success.

What Are the Most Common Theme Park Accidents?

Some of the most common accidents at fairgrounds and theme parks occur because of:

  • Lack of protection on a ride
  • Accidents on amusements and games
  • Fire
  • Electrical failure
  • Carriages coming loose from rides
  • Collisions
  • Unsafe tracks
  • Failed signals
  • Mechanical or hydraulic failure
  • Rides stopping suddenly

It does not matter how the accident occurred, or what ride it was on, so long as it can be proved that someone else is to blame. You can also claim for injuries that were caused due to food poisoning, as well as slips, trips, and falls.

What Kind of Evidence Do You Need to Make a Theme Park Injury Claim?

It is always our aim to secure the maximum theme park accident compensation amounts for our clients. To do this, the more evidence we can gather, the better. Let’s take a look at some of the evidence that can help to boost your case:

  • Photographs – If you have any photographs of the accident scene or your injuries, they could help to strengthen your claim.
  • Witness statements – We will aim to get statements from anyone that witnessed the accident.
  • Proof of expenses – Please keep any receipts relating to the accident, as well as proof of loss of income. This enables us to claim for this as special damages.
  • Medical report – Your doctor will put together a medical report that details your injuries, the extent of them, and the treatment recommended.

How to Start Your Theme Park Accident Claim

Starting your theme park accident claim couldn’t be easier. All you need to do is give us a call, and we will advise you. We appreciate that this is a difficult time in your life, and so the last thing we want to do is add to the stress you are experiencing. This is why we deal with all claims in the most efficient manner, taking the weight off your shoulders.

Why Choose Us For Your Theme Park Accident Claims Service?

We take pride in our customer-centric approach. Your needs will always be our main priority.

We will listen to your version of events and ask all of the necessary questions so that we can provide the best advice for you. Our legal advice comes with no obligation, and it is completely free of charge. We will take you through all of the steps that are involved in claiming, so you can have a full understanding of what is entailed, and we will be with you every step of the way.

It is always our aim to secure the maximum amount of compensation possible, and we always operate via a No Win No Fee service. This means that you can always be certain that you will never be out of pocket due to making a claim.

Call For Free Advice and to Start a Claim

If you have been injured in a theme park accident that was not your fault, all you need to do is give our friendly and professional team a call on 0800 073 8804. We will happily answer any queries you have, and our legal advice comes at no cost to you.

Helpful Links

Theme Park Accident Claims FAQ

Can you sue a theme park for whiplash?

You may be able to claim for whiplash if you can prove that you have sustained the injury and it was caused directly by negligence by a theme park.

How long after an accident can you claim compensation?

You can usually start a personal injury claim for a theme park accident or other types of accidents within three years of when the incident occurred.

Can I claim for emotional distress?

It may be possible to claim for psychological harm you suffered due to a theme park accident. You will need medical evidence which confirms that you suffered this type of harm. You’ll also need to prove that such injuries were directly caused by negligent behaviour from another party (such as a theme park).

Thank you for reading our guide about theme park accident claims.

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