Theme parks, amusement parks, water parks and leisure centres are all a source of entertainment and adventure. Occasionally, things go horribly wrong and what starts off as a fun day out can turn into an unexpected trip to hospital.
If you or a person you know has been injured during a visit to a theme park, compensation may be available.
If it can be shown that the owner or operator of the park was negligent and caused your injuries, a public liability claim may be made, usually through the park owner’s insurer.
Whether the cause of your injuries can be attributed to the negligence of another party or will be considered a mere accident depends on the circumstances.
Our specialist injury lawyers will assess the circumstances relevant to your situation and advise whether a public liability claim should be made.
Responsibilities of owners and operators
An owner or operator of a theme park has a duty to ensure that attendees are not at risk of ‘reasonably foreseeable’ injury or harm. This means checking, maintaining and repairing equipment, complying with accepted industry standards, fencing off certain areas to protect spectators, supervising patrons to ensure they are not posing a threat to themselves or to others, and supervising rides to ensure safety harnesses are correctly fitted and directions followed. Children are a significant focus in this respect.
By attending a theme park, a person is not considered to be engaging in a risky activity. Consequently, the higher threshold for proving negligence that may apply when people participate in activities considered to carry inherent risk, should not apply. These activities might include sky diving, horse riding and motor sports.
Although an amusement ride may be thrilling, it is not intended to be risky – theme parks are targeted to families, children and young persons.
Proving liability for your injury
A successful public liability claim for personal injury requires proof that:
- the owner or operator of the business had a duty of care to take precautions to prevent reasonably foreseeable injury to the person harmed;
- the owner or operator breached that duty of care, through an act or omission, and that ‘negligence’ resulted in the person sustaining an injury;
- the injury or harm suffered was a consequence of the negligence – in other words the injury was directly caused by the negligence.
Do I have a claim?
Various incidents occurring in a theme park that result in injury that could entitle you to claim compensation. Each case is different and must be assessed on its individual merits.
If you have sustained injuries whilst visiting a theme park and are unsure whether you are eligible to make a claim, our lawyers will consult with you and assess your matter. Time limits apply for making a claim so we recommend you contact us for a confidential, obligation free consultation with one of our specialist injury lawyers.
What can be compensated?
There are a wide range of compensation payouts and they are different for each claim.
If your claim is successful, you may be entitled to compensation for:
- Pain and suffering
- Past and future loss of earnings
- Past and future medical expenses
- Past and future care you may require as well as any other needs like wheelchairs or home modifications
The best way to know what compensation you may be entitled to is to seek legal advice. We can assess your situation and give you a good indication of what sort of compensation you could receive.
Who pays the public liability compensation?
Generally, the insurance company of the party at fault will pay the compensation. This is called public liability insurance. You do not have to worry about finding the details of the insurance company yourself. We have the resources to find these important details.
Are there any time limits to making a public liability claim for compensation?
Time limits apply when making a public liability claim and we will need to build as strong a case as possible to help obtain maximum compensation for your loss. Time limits also differ from state to state. We therefore recommend you contact us without delay so we can ensure deadlines aren’t missed.
How much will it cost to make a claim?
We offer a No Win, No Fee* arrangement for public liability claims so you have access to legal representation, no matter your financial circumstances.
This means you don’t have to pay our legal fees unless your claim is successful. Legal costs will depend on the amount of work required to resolve your claim.
For more information on our No Win, No Fee* guarantee, contact our specialist injury lawyers for a confidential and obligation-free consultation.