Activity Centre Personal Injury Claims Explained
If you’ve been injured due to third-party negligence at an activity centre, you may want to find out about activity centre personal injury claims. Learn how to claim compensation with a No Win No Fee solicitor in this guide.
Legislation is in place to reduce activity centre harm. We explore what activities are covered and where there might be exemptions. In addition, we look at what legislation governs health and safety in the workplace. Activity centres owe a duty of care to their users and their employees. If the duty of care is breached and someone is injured, that person could claim compensation.
Examples of potential compensation for injuries and costs you could recover are included in this guide. In addition, we look at what evidence you could use to strengthen a potential claim. We also break down how a No Win No Fee arrangement works. Hiring legal representation may benefit your claim, we explain why.
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Select A Section
- What Are Activity Centre Personal Injury Claims?
- Where Do Most Activity Centre Accidents Happen?
- Types Of Activity Centre Personal Injury Claims
- Activity Centre Duty Of Care
- Activity Centre Personal Injury Claims Calculator
- How To Make Activity Centre Personal Injury Claims
Activity centres could put members of the public and their staff at risk. These include soft play centres, amusement parks, leisure centres and gyms, amongst others. Following appropriate health and safety procedures, however, could reduce the risk of harm.
There is legislation in place to govern certain activities. We explore this further in the article. In addition, there is legislation governing health and safety. Neglecting to abide by the legislation could lead to activity centre personal injury claims.
You could discuss your potential compensation claim with our advisors if you’ve experienced an injury due to an activity centre’s negligence.
How Common Are Serious Injuries Or Death In Sports And Recreation?
The Compensation Recovery Unit (CRU) collects statistics on public liability claims. We’ve included information on the number of cases that were registered with the CRU in the graph below. Each year runs from 01 April to 31 March.
Accidents leading to injuries occur in different ways. This depends upon the activity and the location in which it is taking place. A gym accident may have a different cause than a soft play accident. The nature of the injuries may be different as well. However, both the gym and soft play centre could be at risk of a wet floor resulting in a slip, trip and fall injury.
Activity centre personal injury claims could occur when staff or a member of the public is injured due to the centre’s negligence. If you’ve been injured, either as a staff member, or a member of the public in an activity centre, our advisors could discuss your potential claim.
You might want to file for compensation if you or your child has been injured due to the activity centre’s negligence. Users and employees could make activity centre personal injury claims. You could also file on behalf of your child as a litigation friend if your child experienced an injury.
If a claimant is under 18 years old, a litigation friend would need to claim on their behalf. However, they could have 3 years to start a claim from the date of their 18th birthday if nobody does this on their behalf when they’re a minor.
Some accidents — such as slips, trips and falls — leading to injuries could happen anywhere if the activity centre neglects its duty of care. However, some injuries are going to be specific to the type of activity. A theme park accident claim, for example, may involve a faulty rollercoaster, whereas a waterpark could involve an injury relating to waterborne disease.
Expert advisors are standing by to discuss your potential claim.
Following health and safety procedures when doing leisure activities could help reduce risks to employees and service users. Activity centre personal injury claims can arise when the activity centre fails in its duty of care. As part of their duty of care, activity centres must take reasonably practical steps to reduce risks to users and employees. These vary depending on the nature of the activity.
Speak to our expert advisors if you have been injured due to negligence.
Duty Of Care To Users
Under these regulations, the activity centre must identify hazards. Also, they should identify who these hazards could harm. They then must decide if additional safety measures are required, followed by implementing them where needed.
There are exemptions, such as if all the users are over the age of 18. The activity may not be covered by the regulations either.
Duty Of Care To Employees
The Health and Safety at Work etc Act 1974 (HASAWA) sets out the duty of care all employers owe their employees. Reasonable steps to reduce workplace risks must be taken by your employer. If your employer neglects their duty of care and you are injured, you might be able to make an accident at work claim.
Examples of what your employer should supply include:
- Free training where appropriate. This could include health and safety training.
- Appropriate personal protective equipment (PPE) where necessary. This should also be provided for free.
- Equipment that’s safe to use. Required equipment checks should be carried out. These could include inspections of large equipment. Also, teaching staff how to spot check equipment, such as inspecting floatation devices in a waterpark for holes.
If you decide to claim compensation, you may notice that your compensation could be divided into two heads. These are general damages and special damages. We further explain each below.
To compensate for your injuries and any emotional distress, you claim general damages. Solicitors refer to a document titled the Judicial College Guidelines (JCG) to help assign value to injuries. Injuries are listed alongside potential compensation brackets. We’ve included examples from the JCG in the table below.
|Minor brain or head injuries||£2,070 to £11,980||Minimal brain damage. May experience headaches or other minor continuing symptoms.|
|Moderate post traumatic stress disorder||£7,680 to £21,730||Some continuing, not grossly disabling effects, but largely recovered.|
|Loss of sight in one eye||£46,240 to £51,460||Complete loss of sight in one eye, may include risk of sympathetic ophthalmia.|
|Kidney injuries (a)||£158,970 to £197,480||Serious permanent damage or loss of both kidneys.|
|Moderate neck injuries (ii)||£12,900 to £23,460||Soft tissue or wrenching-type injuries and disc lesion resulting in restricted movement, surgery and vulnerability to further trauma.|
|Moderate back injuries (ii)||£11,730 to £26,050||Backache from disturbed ligaments and muscles, soft tissue injuries causing exacerbation of pre-existing conditions.|
|Below-elbow amputation (iii)||£90,250 to £102,890||Amputation through forearm.|
|Less serious hand injury||£13,570 to £27,220||Includes severe crush injuries causing significant impairments.|
|Severe ankle injuries||£29,380 to £46,980||Extensive treatment period and significant disability.|
|Significant facial scarring||£8,550 to £28,240||Reduced with plastic surgery and not great or diminished psychological reaction|
Special damages is the head of claim that recovers costs related to the injury. In order to claim under this head, however, you must supply evidence, such as payslips or receipts.
Examples of costs you could recover include:
- Lost wages. Payslips could help you recover loss of earnings. This could include future loss of earnings too.
- Cosmetics. Plastic surgery that the NHS couldn’t cover or specialist makeup could both be included. Other devices to reduce scarring could also be recovered.
- Medical expenses. Also, medical bills could be recovered, including therapy costs and renting medical aids if the NHS couldn’t cover this.
For details of what evidence you could supply to claim under special damages, contact our advisors.
Legal representation could make the activity centre personal injury claims process seem easier. The costs associated with a solicitor could be prohibitive. There is another way, however.
A No Win No Fee arrangement, such as a Conditional Fee Agreement (CFA) offers a way to have legal representation with reduced financial risk. There are no upfront solicitor fees with No Win No Fee arrangements. The awards of successful claims will have a legally capped success fee taken from them.
Estimates of potential compensation based on your injuries are available from our advisors. They can also advise on what evidence you could submit to strengthen your claim. If your claim seems eligible, our advisors can connect you with our personal injury solicitors.
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Public Place Accident Claims
For more information about activity centre personal injury claims:
- Information about Adventure Activities Licensing for the Public from the Health and Safety Executive (HSE)
- First Aid Guide from the NHS
- Employee Health and Safety Guide from the HSE
And more guides that you might find useful:
Written by Brown
Edited by Victorine