In this guide, we’ll explain how you could be compensated if you or your child has been injured at a fairground. While fairgrounds provide a lot of excitement and fun, accidents can happen. While some funfair accidents can lead to injuries that heal within a few weeks, others can be much more serious and life-changing. As we progress, we’ll explain the types of fairground accident claims that might be possible and consider how much compensation could be paid.
You can ask any questions about fairground injury claims by calling our team for a no-obligation initial consultation. During your call, the advisor will listen to what’s happened and assess whether you might be eligible to begin a claim. Our team of personal injury solicitors has been helping clients to claim compensation for decades. If one of them agrees to manage your claim, you’ll benefit from a No Win No Fee service.
To learn more about fairground accident claims, please continue reading. If you need our help at any point, you can call us on 0800 6524 881.
Table of contents
- Am I Eligible To Make A Fairground Accident Claim?
- Examples Of Fairground Accident Claims
- Negligence Leading To Fairground Accidents
- How Much Compensation For A Fairground Accident?
- Evidence To Support Fairground Accident Claim
- Fairground Accident Claim Time Limits
- Starting The Fairground Accident Claims Process
To be eligible to make a fairground accident claim for compensation you’ll generally need to prove:
- You were owed a legal duty of care by the fairground operator (the defendant); and
- The defendant’s negligence led to an accident or incident at the fairground; and
- You were injured or made ill as a result.
Anybody who visits the funfair, is a fairground worker or simply passes through will be owed a duty of care by the operator. Therefore you shouldn’t worry about proving this too much. Later on, however, we’ll look at how you could make it easier to win a fairground accident claim by collecting evidence to prove what happened.
Legally, your child cannot make a personal injury claim themselves until they’re 18 years old. However, as they may need compensation before them, you can work with us and make a claim on behalf of your child. If your claim is viable, your solicitor will help you to apply to become your child’s litigation friend so that the claim can proceed. To discuss this in more detail, please speak to us today.
Our solicitors could also help you to claim if you were injured while working at a fairground if your accident was caused by your employer. For example, you could claim for a back injury at work if you didn’t receive manual handling training or start a crush injury claim if you were crushed while a ride was being serviced or erected. Please contact us to find out more.
Because of the size and speed of fairground rides, there will always be a risk of an accident if health and safety procedures are not adhered to. That’s true of travelling fairgrounds, beach or pier fairgrounds or funfair rides in holiday parks.
Some examples of funfair accidents and incidents that could result in a compensation claim include:
- Falling from a funfair ride because a restraint failed.
- Where a child is injured on a rollercoaster that they were not tall enough to ride.
- Sustaining burns on a bumper car or go-kart.
- Being hit by a ride where there was a lack of safety fencing.
- Being trapped at the top of a big wheel or rollercoaster because of a breakdown.
- Fairground accidents where the ride was operated in strong winds.
- Where two carriages on a ride collide.
- Being struck by items falling off of a ride.
- Food poisoning caused by poorly cooked or prepared food.
- Slips, trips and falls caused by spillages or excessive rainwater on ride platforms or food areas.
- Injuries caused by damaged seats or vehicles.
Effectively, you could claim for any injury sustained at a fairground including broken bones, child head injuries, cuts, lacerations, bruising, soft tissue injuries and spinal cord injuries. Even if we’ve not listed the type of funfair accident you were involved in, please feel free to call us for free legal advice about your options.
Government data shows that fairground and amusement park accidents in Great Britain led to 446 injuries in 2015/16, 430 in 2016/17 and 369 in 2017/2018. These figures represent injuries to members of the public reported under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013.
However, we believe that many incidents that could lead to a funfair accident claim don’t need to be reported to the government so aren’t included in these statistics.
As described above, you can typically only claim compensation for a fairground accident if it was caused by the operator’s negligence. Some examples of when you might be eligible to claim compensation include funfair accidents caused by:
- A ride that was not erected correctly.
- Inadequate safety tests and inspections before the ride was opened.
- Damaged seats or vehicles.
- Poor supervision on rides like bumper cars.
- Poorly trained staff who didn’t know how to operate the ride properly.
- Rides that were not maintained in accordance with the manufacturer’s guidelines.
- Failing to provide adequate safety barriers or warning signs at the perimeter of a ride.
If you suspect that you’ve been injured at a funfair because of the operator’s negligence, call us today to see if we could help you to claim compensation.
Your solicitor will get a full understanding of how your injuries have affected you before claiming compensation for a fairground accident as it’s important to ensure everything is included.
If your fairground accident claim is successful, you could receive damages to cover:
- Physical pain and discomfort caused by your injuries.
- Anxiety, flashbacks, Post-Traumatic Stress Disorder (PTSD) and other similar conditions.
- Medical expenses (physiotherapy, private hospital treatment etc).
- Travel costs.
- The cost of replacing clothing, jewellery or other items damaged in the fairground accident.
- Any impact on your normal activities and hobbies.
- The cost of a carer if you need support while recovering.
- Lost earnings and future losses for longer-term injuries.
- The cost of making your home or vehicle more accessible if you are left disabled following a fairground accident.
If your claim is taken on, your solicitor will do all they can to try and secure the highest possible settlement figure to help you recover from your fairground injuries.
Now, we’ll examine possible compensation amounts for common injuries that may happen at fairgrounds. To help with this, please refer to the compensation calculator provided below, which utilises information from the Judicial College.
It’s important to note that any settlement will be based largely on the severity of your injuries. Therefore, fairground accident claims will typically need to be supported by an independent medical report. This is something your solicitor will book for you. During the appointment (which doesn’t usually take too long), a medical expert will examine your injuries and find out how you’ve been affected by them. They’ll then forward a report to your solicitor which will help them to work out how much compensation for a fairground accident you may be entitled to.
It is important to try and present as strong a case as possible if you’ve been injured at a fairground. Therefore, your solicitor will try to collect evidence to prove how the accident occurred, who caused it and the injuries you sustained at the time. You can help with this by:
- Go to A&E. You should attend A&E or a minor injuries unit to make sure your injuries are diagnosed correctly. Medical records can be obtained later on to help prove the extent of your injuries.
- Reporting the accident. Any accident in a funfair should be reported to the staff. Legally, it will need to be recorded in an accident report book and the Health and Safety Executive (HSE) may also need to be informed. A copy of an accident report can help to show, when and where the accident occurred.
- Taking photographs and videos. If anybody was filming your fairground ride when you were injured, ask them for a copy of their phone footage. Also, if you can do so safely, take photographs of the defect or problem on the funfair ride that caused the accident.
- CCTV evidence. Some fairgrounds may use security cameras to keep their visitors and staff safe. If your accident was recorded on a CCTV camera, requesting footage of the accident can be a good way to show what happened.
- Speak to witnesses. Collect the contact details of anybody else who saw what happened in case witness statements are required.
Our claims advisors will happily check any evidence you already have for you if you call for a free case review.
If you were injured at a fairground, you’ll generally have three years in which to make a personal injury claim. The time limit will usually start from the date of the fairground accident or the date when the injury was diagnosed.
If you are claiming on behalf of a child, their limitation period doesn’t begin until their 18th birthday so you can start the claim at any time before then.
In cases where the individual lacks the mental capacity to make a fairground accident claim, there are special rules that may apply. If they regain their mental capacity at some point after their injury happened, for example, they were left in a coma for a period of time, they may have up to three years from the date of regaining their mental capacity to make a claim. This applies even if the original three-year time limit has already passed.
If the individual never regains mental capacity, then there is no time limit for making a claim. However, a “litigation friend” can act on their behalf.
Please contact us to double-check if you’re still within the time limit to start a claim.
Please feel free to call 0800 6524 881 if you’d like to discuss a fairground accident claim with our team. You’ll receive free legal advice about your options and, if your claim is strong enough, you’ll be referred to one of our specialist solicitors.
Remember, all funfair and fairground accident claims that are taken on by our solicitors are managed on a No Win No Fee basis so you’ll only pay legal fees if there is a positive outcome to your claim and compensation is awarded.