What to consider when you claim for a fairground or theme park injury
- Owners and operators of fairgrounds, theme parks and amusement parks have a duty of care to protect staff and visitors.
- Rides, walkways, stands and other activities must be safe and well-maintained, and staff must be trained to supervise visitors and operate the park safely.
- If you were injured by a fairground or park operator's negligence, you can claim compensation.
- You may also be able to claim if you were made ill by poor hygiene practices at the park.
- You can make a claim within 3 years of the date your accident happened.
- Your claim can proceed on a no win, no fee basis.
- The amount of compensation you can claim depends on the severity of your injury and any financial losses or expenses. Use our compensation calculator to find out how much you could receive.
Hurt at a theme park or fairground? We can help you claim compensation
A day at a theme park or fairground is meant to be full of fun and excitement. Although dramatic accidents involving park rides are rare, the busy, chaotic nature of a fairground or park means injuries do happen. Whether you’ve been hurt on a ride, in a slip or trip around the park, or due to faulty equipment, the impact on your health and well-being can be significant.
If your injury was caused by the negligence of the park's staff or owners, whether due to poor maintenance, unsafe conditions, or lack of proper supervision, you can claim No Win, No Fee compensation with the help and support of a personal injury solicitor.
You are not alone
Amusement parks, theme parks and fairgrounds present many risks to employees and to members of the public. Anyone involved in a park's design, construction, organisation, maintenance or operation must follow strict health and safety procedures.
Due to the uniquely complex and higher-risk environment of an amusement park, the Health and Safety Executive publish specific guidelines for amusement parks and fairgrounds (hse.gov.uk).
Where an amusement park accident is the result of a person or company's negligence, anyone injured in the accident may be entitled to seek compensation for the pain and suffering they have experienced and to cover their medical and financial losses.
How much compensation can I claim for an amusement park injury?
Your claim for compensation in an accident at a fairground or theme park will depend on:
- how serious the injury is,
- how much your injury affects your daily life and work performance,
- any financial liabilities or costs you?ve incurred from your injury.
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General damages are awarded for pain, suffering and loss of amenity (PSLA). Awards for general damages are set by the Judicial College (judiciary.uk) and published in their guidelines for personal injury awards.
Special damages is compensation for quantifiable financial losses you've incurred as a result of your injury. Compensation can include lost wages and business losses (if you're self-employed), and any additional expenses directly related to your injury.
These damages will also cover any medical or treatment bills, such as emergency care, diagnostic imaging tests and pain medication.
Read more:
A complete list of recoverable losses in a personal injury claim
How is compensation calculated if I have multiple injuries?
Average amusement park injury general damages compensation table
The following amusement park injury payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, 17th Edition by the Judicial College (oup.com).
These tables are used by solicitors or by the courts as a starting point when calculating your compensation.
Please note: these average figures represent general damages only, and do not include any element of special damages (e.g. lost wages).
Ankle injury
| Severity | Example | Amount |
|---|---|---|
| Minor (relatively) | Minor fractures, sprains, and ligament injuries with full recovery | Up to £15,250 |
| Moderate | A fracture or ligament injury with mild ongoing symptoms | £15,250 to £29,500 |
| Severe | Lengthy treatment required, and your ability to walk has been permanently affected | £34,740 to £55,540 |
Back injury
| Severity | Example | Amount |
|---|---|---|
| Minor (relatively) | A back sprain, disc prolapse, soft tissue injury or minor fracture that fully recovers without surgery | £2,720 to £13,870 |
| Moderate | A disc lesion, prolapse, fracture or soft tissue injury leading to chronic conditions, including pain, mobility issues, impaired sexual function, psychological effects, a risk of arthritis, spondylolisthesis, and nerve root irritation | £13,870 to £30,800 |
| Severe | Severe spinal cord damage, nerve root damage, disc lesions, fractures and soft tissues leading to serious chronic conditions | £43,020 to £178,590 |
Elbow injury
| Severity | Example | Amount |
|---|---|---|
| Recovery within 18 months | Simple fractures, cuts or injuries (e.g. tennis elbow) with no permanent symptoms | Up to £3,920 |
| Recovery between 18 to 36 months | Simple fractures, cuts or injuries (e.g. tennis elbow) with no permanent symptoms | Up to £7,210 |
| Recovery after 36 months | Simple fractures, cuts or injuries (e.g. tennis elbow) with no permanent symptoms or damage | Up to £13,970 |
Finger injury
| Severity | Example | Amount |
|---|---|---|
| Relatively minor injury | Finger fractures that recover in under 6 months, and/or injuries with tenderness, pain in cold weather, or scarring | Up to £5,270 |
| Index finger fracture | Fracture fully heals, but with ongoing pain, disability and an increased risk of osteoarthritis | £10,110 to £13,570 |
| Finger fractures | Fractures that cause deformity, affect sensation, and/or have a long term affect on your grip and ability to use your hand | Up to £40,760 |
Hand injury
| Severity | Example | Amount |
|---|---|---|
| Minor (relatively) injuries to one or both hands | A fracture or break recovering within 6 months, and/or with scarring, tenderness and pain in cold weather | Up to £5,270 |
| Moderate injuries to one or both hands | Moderate crush injuries, penetrating wounds, or deep cuts | £6,280 to £14,730 |
| Moderate/serious injuries to one or both hands | Serious crush injury that causes impaired function andthat cannot be resolved with surgery | £16,040 to £32,170 |
Knee injury
| Severity | Example | Amount |
|---|---|---|
| Minor (relatively) | E.g. dislocation, torn cartilage or meniscus, that could cause future symptoms or weakness, or that exacerbated an existing injury | Up to £15,250 |
| Moderate | More serious knee injuries with a greater risk of future symptoms, pain and weakness | £16,460 to £29,050 |
| Serious | E.g. a leg fracture that extends to the knee joint, or injuries that cause constant pain and restricted movement, and/or a risk of osteoarthritis or future knee surgery | £29,050 to £48,210 |
Leg injury
| Severity | Example | Amount |
|---|---|---|
| Simple femur fracture | Simple femur fracture with no damage to articular surfaces | £10,110 to £15,620 |
| More serious fractures | Incomplete fracture recovery with ongoing symptoms | £19,930 to £30,800 |
Neck injury
| Severity | Example | Amount |
|---|---|---|
| Minor (relatively) | Soft tissue injury | £2,720 to £8,750 |
| Moderate | Fracture or dislocation injuries, or worsening of existing conditions, including wrenching, disc lesions and cervical spondylosis | £27,730 to £42,700 |
| Serious | Severe fractures, dislocation, soft tissue damage, ruptured tendons, and/or chronic disability | £50,450 to £62,120 |
| Severe | Serious fractures or damage to discs, with disability and substantial loss of neck movement, including loss of function in one or more limbs | £72,950 to £145,250 |
| Very Severe | Incomplete paraplegia, spastic quadriparesis, and/or very restricted neck movement | Around £164,560 |
Wrist injury
| Severity | Example | Amount |
|---|---|---|
| Lesser | Relatively minor soft tissue injury or displaced fracture, with a full recovery within 12 months | £3,920 to £5,260 |
| Moderate | Uncomplicated Colles' fracture | Around £8,250 |
| Moderate | Fracture or soft tissue injury with complete recovery | £6,750 to £11,480 |
Am I eligible for amusement park injury compensation?
Yes, you can claim for an amusement park injury, if:
- you were made ill within the last 3 years, and;
- another person was at fault, and;
- that person owed you a legal duty of care.
Find out online if you can claim with our injury claim calculator. Or you can call 0800 376 1001 to speak to a specialist advisor. Find out in minutes if you have a claim.
Am I still eligible to claim if I was partially responsible?
Determining legal responsibility for a claimant's injuries can involve myriad factors.
In our recent 2024 Public Liability Injury Claimant Survey, 17.45% of respondents believed they may have been partly (or wholly) responsible for their injuries.
Even if you partly caused the accident or your injuries (refered to as 'contributory negligence'), you may still be entitled to make a claim. These claims can often be settled on the basis of a split liability agreement.
Read more:
Can I claim if I feel I was partly responsible for my accident?
How long after an amusement park injury do I have to start a claim?
In most cases, you have up to 3 years from the date of your accident or injury to start a claim.
For an injured child, the three-year limitation period begins on their 18th birthday, giving them until they are 21 to start a claim.
Are amusement parks safe?
A rollercoaster crash at Alton Towers in 2016 made national news. The incident left four young people severely injured as a result of a carriage collision, highlighting just how serious a risk theme parks present. It also highlights the importance of health and safety in such environments.
Although many of the accidents that occur in amusement parks are not as dramatic, they can still cause injury.
From defective rides to falling signs, ineffective safety barriers, unidentified trip hazards and poor food hygiene, reported injuries range from the minor to the severe and include cuts and bruises, whiplash, lacerations, broken bones and head injuries.
Health and safety requirements
Amusement parks are complex environments with complex health and safety requirements.
Theme parks and fairs are built, organised, managed and run by a wide range of people and companies, and involve employer/employee relations. They are also public spaces, hosting high numbers of visitors.
These parks contain everything from electrical and mechanical rides to cinema experiences, independent game stalls, slot machines, play areas, restaurants and food stalls - each posing its own unique safety risks.
When it comes to health and safety, a wide range of legislation applies.
This legislation includes:
- The Health and Safety at Work etc. Act 1974;
- Manual Handling Operations Regulations 1992;
- Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR);
- Work at Height Regulations 2005;
- Health and Safety (Safety Signs and Signals) Regulations 1996.
To help those in charge of theme parks to reduce risks, work safely and comply with the law, the Health and Safety Executive (HSE), alongside the Fairgrounds and Amusement Parks Joint Advisory Committee (FJAC), offers a set of guidelines on safe practice.
The guidelines outline all duties of responsibility for those involved in an amusement park, and how to manage them. But what are the duties?
- Designers, suppliers, manufacturers and installers have a duty to ensure that the attractions are safe, installed correctly and properly researched
- Organisers with overall control of the fairground or amusement park have duties concerning risk assessment and implementation, safe layout and emergency procedures
- Controllers have a duty to maintain attractions in a safe condition
- Operators are in charge of an attraction and have a duty to manage it safely
- Attendants have a duty to take care of their own and other's safety and to follow instructions
- Inspectors have a duty to provide adequate testing and inspection services
If an individual or company fails to uphold any of their given duties, an accident could occur.
Who do I claim against?
Because of the complex nature of amusement parks and the health and safety regulations guiding them, apportioning liability is not always straightforward.
If a member of the public was injured because of a faulty ride, who is responsible? Is it the manufacturer for not building it to specification, the installer for not installing it correctly or the park organiser for not ensuring proper safety checks?
In the Alton Towers case, the company themselves admitted liability. And often the organiser (or company) is liable. But deciding liability depends on the nature of the accident and what factors and people are involved.
Making a claim
When a person is injured at an amusement or theme park, as the result of an accident which was not their fault, one of the first steps, after seeking medical attention, is reporting the incident. This may involve informing an attendant about what happened so that they can record and escalate it.
If possible, evidence from the scene of the accident, including photographs, witnesses and any CCTV footage should be sought as this could be vital in proving negligence.
Any further medical consultations documented will also be useful evidence when demonstrating the extent of the injury and therefore in deciding how much compensation should be given.
What was the cause of your amusement park injury?
Amusement park injury claims are usually referred to as public place, or occupiers' liability, claims. Click on the icons below to learn more:
Can I make a no win, no fee amusement park injury claim?
Yes. With no win, no fee, you can claim amusement park injury compensation without financial risk. If your claim isn't successful, you pay nothing. If you win, you only pay a pre-agreed percentage of your compensation.
Get expert advice now
Interested in talking to an injury specialist about your claim?
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Alton Towers Smiler crash: Four seriously hurt - BBC News (reviewed: 29/07/2024)
Fairgrounds and amusement parks: Guidance on safe practice - HSG175 (reviewed: 27/07/2024)
Author:
Chris Salmon, Director
About the author
Chris Salmon is a co-founder and Director of Quittance Injury Claims. Chris has played key roles in the shaping and scaling of a number of legal services brands and is a regular commentator in the legal press.