£58,404 compensation for fairground ankle fracture
Compensation of £58,404 was awarded to a 22 year old man who suffered injuries including fractured ankles in an accident caused by a defective fairground ride four years earlier.
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The claimant attended a fairground with friends. He went on a ride with 12 cars, each seating three people. Each car was attached to the end of an arm which led to a central point. The cars spun around the central point.
As the ride gathered speed the cars rose into the air. The claimant's car cam loose from the securing arm. The car was thrown about 23 metres and hit a kiosk.
The force of the impact was severe. The claimant's two friends also in the car were killed instantly.
The claimant sustained multiple fractures of his ankle bones. His shoulder and spine suffered soft tissue injuries and he received a large cut on the left side of his forehead.
The claimant received treatment for his physical injuries. He developed psychological injuries. He became depressed and short tempered. Concentration was reduced and he became distressed frequently. A diagnosis of chronic adjustment disorder was made and the man received counselling.
After two years the claimant suffered from stiff and painful ankles. They were miss-shapen and swollen. He had difficulties walking up or down stairs and on uneven surfaces. He was able to walk without the aid of a stick but with difficulty.
His shoulder was still symptomatic the man suffering pain and discomfort. He could not lift objects easily. His neck and back also gave pain, especially when sitting.
The laceration to his head left a large scar that was visible at conversational distances.
Before the accident the claimant played rugby and squash. H was a keen swimmer and took part in athletics. The accident left him unable to join in these activities.
Four years after the accident the symptoms had improved. He suffered less pain and could manage uneven surfaces and stairs more easily. His shoulder and back pain was less intrusive.
It was alleged the defendant had been negligent insofar as they failed to adequately inspect the ride. They certified the ride safe when it was not. The multiple obvious defects in the arm connecting the car were not noticed.
The claimant was injured as a result of the fairground ride failing.
Serious injuries to his ankles, neck and back were caused as well as a visible scar to his head.
The fairground operator was convicted separately of manslaughter and breaching Health and Safety regulations.
Conclusion and settlement
Liability was not disputed but compensation could not be agreed.
The matter was settled at a London Court hearing.
Compensation of £58,404 was awarded by way of a Court award.
Liability not disputed and default judgement was entered against the defendant.
£35,000 was attributed to "pain, suffering and loss of amenity."
Delays in starting university and loss of earnings were awarded at £14,250.
Costs of travel to and from family in South Africa for care after the accident were awarded at £5,000.
£750 was awarded for counselling expenses.
The remainder of the damages comprised sundry expenses and interest.
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About the author
Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.
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