Adventure training injury claims

Introduction

Updated: October 8, 2018

Adventurous outdoor activities like assault courses, mountain climbing, zip wiring and mountain biking are becoming increasingly popular.

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Other common types include:

  • Canoeing, kayaking and white water rafting
  • Caving and pot holing
  • Parachuting and skydiving
  • Gliding and parascending
  • Orienteering
  • Offshore dinghy sailing and wind surfing
  • Skiing
  • Sub-aqua diving
  • Award schemes such as Duke of Edinburgh

People participate in these kinds of sports and activities for the excitement and the adrenaline rush, and for the sense of achievement. Often groups of friends or colleagues take part in adventure activities in groups to build camaraderie, confidence and encourage team work.

Our network of solicitors do not currently have the capacity to take on holiday-related injury and sickness claims outside the UK. It is recommended that you contact a personal injury specialist solicitor to discuss your options as soon as possible, as some jurisdictions have limitation dates of less than the three year limit that is standard in the UK.

White-water rafting

Understanding the risks

In the vast majority of adventure training activities, every participant is required to sign a waiver before participating. In doing so they agree that they understand the risks involved in the activity, and take responsibility for their actions. Participants know that there is a chance that they could be injured during the activity.

See Can I still sue if I signed a disclaimer?

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Do I have an adventure training injury claim?

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Insufficient waivers

If you signed a waiver before participating in the adventure activity that resulted in an injury, you might find afterwards that the waiver failed to adequately cover the circumstances surrounding your injury. If this is the case, you might be eligible to make a compensation claim. One of Quittance's panel of solicitors will look into your unique case and advise you.

Third party negligence

Although participants understand the inherent risks with adventure activities, there is a possibility that participants could be injured through no fault of their own.

The owners and organisers of these kinds of activities have a duty of care to ensure that clients are protected against any extreme or unnecessary dangers. If they fail to set out guidelines and measures to avoid accidents, then injuries and even fatalities can occur.

If you have been injured in an adventure training accident that you believe was the fault of a third party, you may be able to make a compensation claim.

There are a number of reasons someone could be injured during an adventure training activity that could be found to be the fault of a third party.

  • Fitness levels - if someone is not fit enough to safely participate, and they are not advised against participating by an instructor, they could be injured
  • Poor instruction - an instructor may fail to give adequate direction or training which could result in injury
  • Lack of instruction
  • Defective equipment

In these instances the company or instructor could be considered to be responsible, and the injured person may be able to make a compensation claim.

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What can I claim for?

You can claim compensation for the pain and suffering caused at the time of the injury, the expense of any treatment required during recover, as well as for any income lost as a result of time taken off work due to injury.

Injury claims due to adventure activities must be made within three years of the accident.

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How much compensation can I claim for an adventure training injury?

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Injury compensation guidelines are set by the Judicial College. These awards are assessed in relation to the type and extent of the injury. Recommended compensation amounts consist of minimum and maximum figures for each injury.

The guidelines are, strictly speaking, not law but they are widely adopted and adhered to by the Courts as well as the majority of insurers. Your Compensation Claims Report will include an estimate of the compensation you could get by referring to these guidelines as well as a number of other factors specific to your accident or illness.

Travel expenses including those for physiotherapy sessions, the cost of medical treatment and ongoing care and loss of earnings may be claimed for in many cases, and are called special damages.

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100% No Win, No Fee - No Catch

A no win no fee agreement (more correctly known as a Conditional Fee Agreement) is agreed between a claimant and an injury solicitor.

A CFA is essentially the terms under which the solicitor represents the client.

The contract details what the lawyers will do and how the solicitor is paid if the case is won.

If you use our solicitors for your adventure training accident claim there are no additional charges , no up-front fees and the complete peace of mind that you wont be financially out of pocket.

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Meet the QLS team

The national network of Quittance solicitors take on all types of personal injury claims, from fast track claims to catastrophic injury. Selected because of their track record in winning cases, Quittance's panel solicitors have years of experience.

Click here to see more of the Quittance team.

Kevin Walker Serious Injury Panel Solicitor
Emma Bell Employers and Public Liability Panel Solicitor
Shahida Chaudery Complex Injury Claims Panel Solicitor
Jonathan Speight, Senior litigator

About the author

Jonathan has over 30 years' experience in the personal injury sector and has been awarded the rank of Senior Litigator by the Association of Personal Injury Lawyers (APIL).

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