Go to Top

Making a claim for an accident at a theme park

We all like going to theme parks, funfairs, amusement parks and the like, but what happens when these fun days out take a turn for the worse? In a minority of cases a day out at a theme park can be ruined by an accident. Thousands of people visit theme parks every year and they are generally safe, however, if you attend a theme park and suffer in an accident that was not your fault then you could be entitled to compensation.

Why Am I Entitled to Compensation?

Victims of theme park accidents are entitled to make a compensation claim following an accident because the owners of the theme park owe its visitors (and staff) a duty of care. Naturally, when you say theme park accidents the first thought is of injuries sustained on rides and whilst that it is true, accidents can happen anywhere in the theme park from the restaurants to the car parks.

In order to qualify for compensation, the only criteria as far as the actual accident is concerned is that there has to be some negligence on the part of the owners or management. For example, a defective or improperly maintained ride could result in a collision or jolt causing whiplash.

The same principle applies to the rest of the park. So failure to clean up liquids or having uneven paving, either of which could results in a slip or trip, also means that the managers of the park have breached a duty of care. In the same way if you obtain food poisoning in one of the restaurants or poor signposting / fencing results in you wondering out of bounds and into a dangerous maintenance area.

Of course you have to actually suffer from an injury in order to make a claim and it has to be the fault of the park management. If you ignore signs and take a wonder into an area that you are not supposed to be in and then suffer from an accident then you may not be entitled to compensation. (Although it could be argued that the theme park did not do enough to prevent you from accessing this area, in which case you may be entitled to some compensation, although this could be greatly reduced because you are partially to blame).

What Should I Do If I Have Suffered From A Theme Park Accident?

If you suffer from an accident in a theme park then there are certain things you should do, if possible, to ensure that your claim is as strong as it possibly can be. Firstly you should report the accident to a member of staff. You should also take pictures of the area surrounding the scene, obtain details of any witnesses (names and addresses) so that they can be approached later for statements and of course seek immediate medical attention. If the accident is serious then the Health and Safety Executive should also be informed.

If you have to pay for any medical expenses then you should keep receipts as these can be reimbursed. Depending on the seriousness of you accident, in addition to your compensation you may also receive payments for future medical expenses, loss of income and any other losses that you suffer as a result of the accident.

Making A Claim

If you have suffered from an accident in a theme park then you should speak to a specialist personal injury solicitor, who in most cases will be able to deal with your case on a no win no fee basis.

You should however visit a solicitor such as Lloyd Green within three years of the accident otherwise you may be time barred from making a claim. If the victim of the accident is a child then they have three years from their 18th birthday to make a claim. If a claim has to be brought outside these time periods then special permission from the court has to be obtained to bring a claim and your solicitor will have to make this application to the court.

Contact us for advice on making a claim if you have sustained an injury at at theme park, we can help.

, ,