If you have been injured through an accident on a theme park ride, you may claim personal injury compensation if you can prove that another party was at fault. That is, you may be able to sue the owners of the theme park where the ride was situated, if they have been negligent with regard to your health and safety. For example, you may have been injured by being jolted or thrown out of a ride that was faulty or defective; or you may have been injured because too many people were allowed onto a particular ride, and it had become unstable.
The owner of the theme park is obliged to hold occupier’s liability insurance, to comply with The Occupier’s Liability Act 1957. An ‘occupier’ is anyone who owns or occupies premises, or has a 'sufficient degree of control' over an area; such as a theme park owner or company. Consequently the occupier is responsible for ensuring the safety of those premises or that area, for other people.
The definition of ‘premises’, for the purposes of the Act, can mean the land and any structure upon that land owned or occupied by the Occupier. Therefore, Premises can also include any fixed or moveable structure, such as a permanent or temporary theme park ride.
The best course of action would be to consult a personal injury solicitor about your theme park ride injury without delay, as there is generally a three-year time-limitation in which to make a personal injury claim. It would aid your claim if you have reported the accident to the staff at the park, and made a note in their accident book. Additionally, you could ask for the names and addresses of any witnesses, and take photographs of the part of the ride where the accident occurred. You may be able to claim compensation for loss of wages and extra medical bills, as well as for your pain and suffering, so you should keep any relevant receipts.
Legal aid is not available for personal injury claims; however, your solicitor may offer a no-win, no-fee agreement. This means you would not have to pay legal fees, should you lose your claim. However, there may be other costs to take into consideration; therefore the terms of such an agreement should be discussed with your solicitor in advance.
- Last Updated on 29/08/2011
