How To Make A Hiking And Walking Tour Activity Personal Injury Claim
Leisure activities cannot always be made entirely safe, but it is still the responsibility of the organisers to make sure they do not put you in harm’s way. If an activity organiser’s actions led to you suffering an injury, you could be eligible to make a claim for compensation. This is a guide to making a hiking and walking tour activity personal injury claim.
This guide will talk about the different ways you could be eligible to make a claim and comes with a compensation calculator to help you estimate the compensation you could be awarded, should you wish to make a claim.
We also have advisers available to discuss your claim with you and answer any questions you might have. To speak with one, reach out by:
Select A Section
- What Is A Hiking And Walking Tour Activity Personal Injury Claim?
- Who Could Be Liable For A Hiking Or Walking Tour Activity Accident?
- Causes Of Hiking And Walking Tour Activity Accidents
- Types Of Hiking And Walking Tour Activity Injuries
- Hiking And Walking Tour Activity Personal Injury Claim Calculator
- Start Your Hiking And Walking Tour Activity Personal Injury Claim
Even if actions are taken to try and provide for the safety of a walking tour, nothing is 100% safe. Yet, there is still an obligation on the organisers of the activities to make sure they do not put their customers in harm’s way. As providers of a service, the party in charge of the hiking or walking tour, owe a duty of care to their customers. Legislation such as The Occupiers’ Liability Act 1957 and Adventure Activities Licensing Regulations 2004, apply a duty of care to certain out door activity providers.
Instructions by untrained staff that lead to injuries, or injuries from unsafe equipment may provide grounds for a claim for compensation.
We’ll discuss more about the different ways a person could be eligible to make a hiking and walking tour personal injury claim below.
What Are Hiking And Walking Tour Activities?
Hiking and walking tour activities are guided walks through an area of land. They typically take place in forests, hills, mountains or historical areas.
As mentioned, it is an outdoor activity, so customers are expected to understand that the trails they are walking on may come with hazards that cannot be removed or possibly even reduced; such as rocks or uneven ground.
While the organisers of the walking activity owe a duty of care to their customers, there is no expectation placed on them to make the area completely safe.
Instances where the organisers could be liable are where their actions or inaction breached the duty of care they owe their service users and this contributed to the person suffering an injury.
If you are unsure about whether you can be eligible to make a claim for your injury, please speak to one of our advisers for information on liability in a hiking or walking tour activity personal injury claim.
Are organisers of a hiking and walking tour activity liable for an injury? Not all accidents that happen while partaking in a hiking tour will be the fault of someone. Accidents can happen anywhere and many are unpreventable. However to be eligible to make a personal injury claim a party that owed you a duty of care must be liable for the injury you suffered. Below we look at how an entity could be at fault:
Provide faulty equipment:
If the tour provides any equipment to use, it is their responsibility to make sure it is in safe working order. They may be liable for an injury occurring because of faulty materials they provide; e.g. an unsafe climbing rope or broken harness clip.
Gave you unsafe instructions
On a guided tour, the tour guide takes on the role of the safety instructor. They will have a duty of care towards the customers and it is their responsibility to make sure any given instructions are safe and do not put people at harm. Actions like leading the tour into an unsafe area may be grounds for a claim if a person were to suffer an injury.
Proceed with a tour in bad/unsafe conditions
As mentioned, customers will rely on the tour guides and organisers of the activity to provide safe and trustworthy instructions. Proceeding with a tour in bad weather conditions is an action that can put the customers at risk of harm. An injury suffered from this, like a fracture from a fall, may be grounds for a claim.
If you are unsure about whether you could be eligible to make a claim, please speak with one of our advisers to discuss your situation and for information on hiking and walking tour personal injury claims.
Mountain Rescue Statistics
Mountain Rescue England & Wales is a collection of 49 volunteer mountain rescue teams across England & Wales that used to provide annual incident statistics for rescue missions, or injuries they were asked to attend to.
In 2017 there were 2396 calls to their services; they deployed volunteer teams to 2110 of those calls. They assisted 1461 people; 773 of them had suffered injuries, 31 were fatal.
Examples of injuries you could sustain in hiking and walking tour accidents include:
If you suffered an injury because of negligence by the tour’s organisers, our advisers can give you more information on claiming for compensation.
You could be eligible to make a claim for compensation if you can prove liability. The compensation could address the injury you suffered and any related financial losses. We provide a compensation calculator on our site that you can use to estimate potential compensation.
As the calculator shows you, the type of injury you suffer can influence your compensation amount. A more serious injury can attract a higher award. The awards for the injury are known as general damages. The compensation figures for general damages on our calculator come from the latest edition of the Judicial College Guidelines. This is the publication solicitors and insurance firms typically use when assessing potential awards for injuries.
We’ve included a table below to illustrate awards for injuries you might suffer on a hiking and walking tour:
|Injury Resulting from Brain Damage - Very Severe Brain Damage||The Claimant will be dependent on care around the clock and have little meaningful response to the environment.||£282,010 to £403,990|
|Minor Brain & Head Injury||Little to any brain damage but headaches might persist||£2,210 to £12,770|
|Moderate Ankle Injury||A fracture or ligament tear||£13,740 to £26,590|
|Modest Ankle Injury||A fracture to the ankle||Up to £13,740|
|Most Severe Achilles Tendon Injury||Severed tendon completely.||In the region of £38,430|
|Moderate Knee Injury (i)||A dislocated knee or torn cartilage||£14,840 to £26,190|
|Moderate Or Minor Elbow Injury||A simple fracture that will heal||Up to £12,590|
|Severe Shoulder Injury||Shoulder injury that has caused significant disability||£19,200 to £48,030|
|Moderate Back Injury: (i)||Compression and crush fractures.||£27,760 to £38,780|
You can also seek compensation for suffering financial losses because of the injury. This can be:
- Loss of income: If you were unable to work
- Costs towards treatment or care
- Modifications you have had to make to cope with the injury.
This compensation is sought under special damages. The two types of damages would form your final compensation amount.
Our advisers can give you more information about compensation in a hiking and walking tour activity personal injury claim, and even offer you an estimate.
A No Win No Fee solicitor can represent you in a personal injury claim. This is a solicitor working on an agreement to not charge you an upfront fee, nor ongoing fees, but rather a success fee for their services. A success fee is a legally capped percentage of the compensation you are awarded. If your claim does not succeed, you would not have to pay them a success fee.
If you would like to hire a No Win No Fee solicitor to help you make your hiking and walking tour activity personal injury claim, please reach out to one of our advisers. They can talk to your about your situation, evaluate your claim and potentially put you through to one of our solicitors to represent you.
You can reach out to an adviser now:
Related Outdoor Activity Accident Claims
We’ve included some other links you might find useful such as:
Government Guide To Claiming Compensation After An Accident
Royal Society for the Prevention of Accidents: Guide to safety for leisure activities
NHS: Guide to booking appointments with a GP
Thank you for reading our guide to making a hiking and walking tour activity personal injury claim. We offer guides on other topics such as:
Please get in touch with our advisers for any more help you might need.
Guide By Charles
Edited By Melissa.