Last updated on April 12th, 2022
Theme parks or amusement parks offer lots of fun and excitement for the whole family. By and large, most of us consider theme parks as fairly safe for family outings. While they are safe for the most part, theme park accidents do happen occasionally, resulting in injuries both to the members of the public as well as theme park employees.
In this guide to theme park accident claims, we’ll look at some of the different accidents and injuries that could lead to a claim, what types of negligence can cause them to happen, and how much compensation you might be awarded.
We are here to help you if you’re not sure how to navigate the claims process. Our advisors can review your theme park accident claim on a no-obligation basis and explain your legal rights for free. Where we believe you have a reasonable chance of being awarded damages, we could pass your case to one of our in-house personal injury solicitors. If they represent you, they’ll provide their services on a No Win No Fee basis. As a result, a success fee will only need to be paid if you are awarded compensation.
To begin a theme park accident claim today, call our team right away on 0800 6524 881. If you’d like more information on how claims work before contacting us, please continue reading.
Table of contents
- Am I Eligible To Claim Compensation For A Theme Park Accident?
- Evidence For Theme Park Accident Claims
- What Incidents And Accidents In Theme Parks Could You Claim For?
- Common Personal Injuries In Amusement Parks & Theme Parks
- How Much Compensation For A Theme Park Accident Could I Claim?
- Accident Claims Time Limits
- How Our Solicitors Can Help With A Theme Park Compensation Claim
On its own, an accident in a theme park is not enough to make a compensation claim. Instead, to be eligible you must be able to show that:
- The operator of the theme park was negligent in some way; and
- As a result of their negligence, an accident or incident occurred; and
- You sustained physical or psychological injuries as a result of the accident.
In the next part of this guide, we’ll look at what types of accidents could lead to theme park compensation claims including ride operator errors, defective rides, falling items, and failing safety barriers. Before we do, it’s important to look at how you can prove what happened and what negligence caused your injuries. This can be achieved by collecting evidence to support your claim.
If you are injured in a theme park accident, there are a number of things we’d suggest you do that might help improve your chances of being compensated. They include:
- Reporting the accident. Visit guest services or a member of staff and tell them about the accident. You should be given a copy of an accident report which could be used to support your claim.
- Taking photographs/video. Photographs/video of the cause of your accident can make it easier to prove what happened.
- Obtaining CCTV footage. Many areas in theme parks, including many of the rides, are covered by CCTV cameras. Therefore, request a copy if your accident was captured.
- Noting details of any witnesses. If anybody else saw your accident at the theme park take place, make a note of their contact details. Your solicitor might require a statement from them later on.
- Get medical treatment. Unless you are taken to the hospital by ambulance, you should attend on your own to have your injuries assessed and treated. That’s because your medical records can provide information about the extent of your injuries.
Remember, you could claim for any type of injury sustained in a theme park/amusement park if it was caused by negligence. For example, you could sue for food poisoning if you ate at the park but your food was not cooked properly.
Our team will happily check your evidence for you if you call for a free case review.
In this section, let’s take a look at some of the scenarios that could result in a theme park compensation claim. They include:
- Safety barrier faults. If a rides safety barrier fails and you or your child is injured as a result, you could begin a claim.
- Ride operator errors. Theme parks train their staff to operate rides safely. If they fail to follow their training and an accident occurs such as two carriages colliding on a rollercoaster, a claim might be possible.
- Trips, slip and falls. A claim might be possible if you trip and fall on trailing cables, spillages or trip hazards that are obscured by poor lighting.
- Safety feature failures. Many theme park rides have built-in safety features to stop collisions or excessive speed. If they fail, and you’re injured as a result, you could claim.
Some of the common personal injuries seen in amusement parks and theme parks that you could claim for include:
- Cuts, bruises and lacerations.
- Broken and fractured bones.
- Limb amputations.
- Back injuries.
- Head injuries.
- Food poisoning.
It’s important to note that you could claim for psychological injuries as well even if you haven’t suffered physically. For example, if you were trapped on a rollercoaster and had to be rescued, you might suffer distress, anxiety, and even Post-Traumatic Stress Disorder (PTSD). These conditions could be included within your claim.
When making a personal injury claim for an accident in a theme park, you can claim compensation for general and special damages:
General damages – to cover the pain, suffering and loss of amenity your injuries caused. As mentioned above, this can cover both physical and psychological injuries.
Special damages – These aim to recover any costs, monetary losses or expenses that your injuries have resulted in. Examples here include lost earnings, medical expenses, travel costs and care costs.
During your claim, our solicitors may need you to be assessed by an independent expert to ascertain the extent of your injuries. This isn’t something you’ll need to worry about and your solicitor can usually book a local appointment. A report will be provided following your meeting that will explain the current state of your injuries and your prognosis.
Please call today to learn what you could include in your theme park accident compensation claim.
Let’s now take a look at what level of compensation could be paid for injuries sustained in a theme park. To do so, please take a look at the compensation calculator below. It uses data from the Judicial College to provide a compensation range for many different types of injuries. The data from the Judicial College is used by courts and legal professionals when deciding upon compensation levels.
Each theme park compensation claim is unique. As such, these figures cannot be guaranteed as, even if your claim is successful, you might receive less or more than the figures listed. If you decide to claim, your solicitor will explain the amount they’ll claim for once your injuries have been properly assessed.
When claiming compensation for an accident in a theme park, you will need to begin within the relevant time limit. For adults, that will generally be a 3-year period from the date you were injured. If you try to claim after this, you are likely to be statute-barred and won’t be compensated.
If your child is injured in a theme park, the 3-year limitation period will not apply until they turn 18. Parents and other responsible adults can become a litigation friend and claim on behalf of their child at any time before their 18th birthday. The claims process is slightly different but is something our solicitors can help with on a No Win No Fee basis.
More information on what a litigation friend is can be found here.
Our advice is to start your claim as early as possible to allow yourself and our solicitors plenty of time to gather the evidence required to support your claim. If you’d like to know more about how long you have to claim, please do get in touch.
To make theme park accident claims as easy as possible, our personal injury solicitors will try to handle everything for you. If your case is taken on, they will:
- Review your claim in full and collect evidence to support it.
- Arrange a local medical assessment with an independent specialist.
- Contact the theme park or their insurers to file your claim.
- Conduct all discussions on your behalf so you don’t need to answer any complex questions.
- Keep you up to date about how things are progressing.
- Argue on your behalf if there are any objections over liability for the accident or your injuries.
- Try to negotiate the highest compensation payment possible in your case.
If you would like to discuss your claim with us today, please do so by calling 0800 6524 881. A specialist advisor will review your claim with you and find out how you or your child have suffered due to your injuries. If your theme park accident claim is suitable, it will be passed to one of our specialist solicitors who could take you on as a No Win No Fee client.