Leisure Centre Injury Compensation Claims
If your life, or the life of a loved one, has been affected by a leisure centre accident, we can help.
Whether your injuries were caused by a slip, trip, fall or other incident, you may be entitled to claim compensation.
Claiming injury compensation with a solicitor
You can make a compensation claim for an accident in a public place with the help and support of a personal injury solicitor.
Your solicitor will ask you about how the accident happened, and they will collect evidence to prove what caused your injuries. Your solicitor will then identify who is legally responsible. Based on your injuries, lost earnings and other expenses they will also work out how much money you can claim.
Owners or occupiers of business premises should have insurance to cover the cost of injury claims, and your compensation will be paid out of this policy.
We can help you make an injury claim, on a No Win No Fee basis.
In this article
People visit leisure centres for a wide range of sporting and health reasons, personal injury solicitors handle a wide range of injury claims for accidents at leisure centres.
Leisure centre hazards can range widely from faulty gym equipment, to slippery surfaces with no warning signs, to accidents involving sports spectators, to over-chlorinated pools.
The owner and operator of a leisure centre, often the Council or Local Authority, has a duty of care to both staff and visitors who use the centre. If you are injured = as a result of the owner's or occupier's negligence, you can likely make a claim for personal injury compensation.
What type of leisure centre accidents may occur?
Compensation claims for leisure centre-related injury include:
- Slip, trip and fall accidents, due to uneven surfaces, wet areas with no warning signs, gym cabling or other hazards that have not been identified and eliminated promptly
- Bacterial, fungal and viral water and food poisoning illnesses that are spread through poor hygiene, poor cleanliness and inadequate infection control
- Swimming pool accidents in areas that are left unsupervised by lifeguards
- Malfunctioning fitness equipment that may cause musculoskeletal injuries (fractures, strains, tendon and ligament damage)?
- Injuries that occur due to out-of-date safety training or poor training techniques that are promoted by inadequately trained staff
- Accidents that occur when no instruction or induction has been given for how to use gym equipment safely
- Burns or scalds from hot water in saunas and steam rooms.
This list is not exhaustive. Hazardous substances accidents, food poisoning, sporting injuries and electrocution accidents are among the incidents that are known to have occurred in leisure centres across the UK.
Who is responsible?
Leisure centre owners have a duty to actively supervise centre users and to ensure that the leisure centre, and all the equipment in it, is kept in a good and safe condition. As such, Councils and Local Authorities should implement a series of robust and well-planned safety measures to keep visitors safe from harm. These measures include:
- Having a risk management policy in place to help staff spot and report potential hazards
- Immediately clearing or rectifying known safety hazards
- Placing highly visible warning signs to warn users of possible hazards or slippery surfaces
- Having adequately trained on duty where appropriate
- Offering induction schemes, supervision and guidance to prevent user injury.
When an accident does occur, the local council should investigate the situation thoroughly and produce a written report. While the report is often useful to a personal injury claim, it is not necessary to have notified the incident to the leisure centre operator before making a claim.
The Health and Safety Executive (HSE) is responsible for regulating leisure activities in the UK. They publish health and safety guidance for specific types of activity that the leisure centre operator should follow. Negligence is almost always assumed if specific health and safety legislation has been breached.
The HSE may also audit the centre, follow up any reported accidents and impose penalties and fines where leisure centre operators have no followed the appropriate protocols. These investigations run separately to any personal injury claim.
Do I have an injury claim?
You should be eligible to make an injury claim if your injury happened:
- in the last 3 years, and;
- someone else was at fault, and;
- that person owed you a duty of care.
Do I have a claim? - Common questions
What if a child was injured?
The 3 year rule does not apply to minors.
A claim can be pursued for anyone under the age of 18 by a parent, guardian or litigation friend. The injured child has up to the age of 21 to start an injury claim on their own behalf.
Do I need a diagnosis to make a leisure centre injury claim?
If you have been injured and are awaiting the results, you should still seek legal advice as soon as possible. The sooner you start a leisure centre injury claim after an accident, the more likely your claim is to succeed.
The amount of money you could claim for your injury will depend on:
- the seriousness of your injury, and
- any financial losses or costs you have incurred.
At the start of your claim, your solicitor will consider the many ways your injuries have affected your life. Your solicitor will take these considerations into account to calculate the correct compensation award.
This calculation will factor in 'general damages' and 'special damages'.
General damages are awarded for pain, suffering and loss of amenity (PSLA).
Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.
Special damages are for financial losses and expenses you have incurred as a result of the accident.
What can I claim for after an injury? (see list)
Examples of special damages (losses you can claim for) include:
- Lost earnings (including future earnings)
- Medical treatment costs
- Travel costs
- Costs of care
- Costs of adapting your home or car
How is compensation calculated if I have multiple injuries?
If you have sustained multiple injuries, the compensation amounts are not simply added together.
The upper bracket of the most serious injury may be considered as a starting point, with a reduced amount applied for the other less severe injuries.
General damages for a serious wrist injury can be £35,000
For a less severe leg injury, in isolation, you would typically receive £7,200.
However, if you have a serious wrist injury and a less severe leg injury, you would typically receive £35,000 + a reduced percentage of £7,200.
Special damages, such as loss of earnings are not usually increased if you have multiple injuries. Read more about multiple injury claims.
What is the average injury compensation for an injury claim?
The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.
However, the money you would receive following an injury will depend entirely on your specific circumstances.
Your injury compensation will be calculated based on the unique impact your injuries have had on your life and your ability to work, and on the actual financial losses you have incurred as a result of your injuries.
Will I have to pay tax on my leisure centre injury compensation?
If you receive financial compensation following a leisure centre injury injury, specific legislation ensures that you do not have to pay tax on it. This is the case no matter whether the compensation is received as a lump sum or as staggered payments.
Calculate my injury compensation
Calculating how much compensation you can claim for an injury can be complicated.
Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.
Find out what your injury claim could be worth now:
How long does a leisure centre injury claim take?
How long it can take to win compensation for a leisure centre accident can vary considerably.
For instance, a simple uncontested occupiers liability claim could be completed in a matter of weeks. If liability is denied, a claim can take considerably longer. On average an occupiers liability claim takes 6 to 9 months. For more information on how long your claim could take, read more:
How else can a solicitor help me?
Your solicitor will handle your injury claim from the initial FREE case evaluation, through to the financial settlement.
Your solicitor will work with other specialists to provide caring and sensitive support and help you with:
- Financial support: interim payments while you are unable to work.
- Advice: on personal injury trusts, tax and welfare benefits.
- Coordination: with rehabilitation providers and therapists.
- Access: to treatment and therapies not always available on the NHS.
Will I have to go to court?
Highly unlikely. Solicitors settle the vast majority of claims out of court.
Less than 5% of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.
Cases that do ultimately go to court are decided by a judge or magistrate, not a jury.
Even if the claim does go to court, it is very unlikely you will have to attend.
No win, no fee, no risk
No Win, No Fee is an agreement with your solicitor (known as a Conditional Fee Agreement or CFA) that means that you can make an injury claim with:
- no upfront legal fees
- no solicitor's fees payable if your claim is not successful
- a success fee payable only if your claim is successful
No Win, No Fee is the most common way to make a compensation claim.
No win, no fee - our guarantee
Our no win, no fee guarantee means there is absolutely no financial risk in making an injury claim - even if you don't win your claim. Read more about making a No win, no fee claim
What do I pay if I win my injury claim?
Your injury solicitor will receive a success fee which is deducted from your compensation, only after your compensation is awarded. The solicitor's success fee can be up to 25%. Your solicitor will agree a success fee with you before you start your claim.
What do I pay if I do not win my injury claim?
If your injury claim is not successful then you won't have to pay your solicitor any fees. Your solicitor may take out insurance to ensure there will be nothing to pay.
Is there a catch?
The Conditional Fee Agreement (CFA) sets out the terms between you and your solicitor., No Win No Fee is a regulated activity and as such there should be no nasty surprises in the agreement. Nevertheless, it is recommended that you read the agreement carefully and ask any questions if you are unsure.
How we can help you
Your solicitor will fight for the best possible compensation settlement for you, and the highly-experienced panel of solicitors have an excellent track record of winning injury claims.
If you have any questions, or would like to start a No Win No Fee claim, we are open:
- 8am to 9pm weekdays
- 9am to 6pm on Saturday
- 9.30am to 5pm on Sunday
Call us for FREE advice on 0800 376 1001, or arrange a call back from a friendly, legally-trained advisor:
- Find out
if you can claim
- No obligation
to start a claim
Can I claim for someone else?
Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.
If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.
The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.
Can I claim if I feel I was partly responsible for my accident?
Yes. You may still be able to claim compensation even if your actions may have contributed to the accident.
However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.
How long do I have to make an injury claim?
In general, you have a time limit of up to 3 years from the date of the injury to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your injury claim becomes 'statute barred'.
Can I claim for an injury after 3 years?
Possibly. The general rule for adults is that a claim must be started within three years.
However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.
If you were injured as a child, you do have up until your 21st birthday to make a claim.
There other circumstances that can also impact the limitation date. Call us now on 0800 376 1001 to find out if you are still able to claim injury compensation.
In reality, there are a number of factors that can affect whether an injury claim will be taken on by a solicitor.
Will I have to visit a solicitor's office to start a claim?
No. You will not need visit a solicitor's office. Personal injury claims are handled by email, post and phone.
Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.
I need the money now - what are my options?
If you are unable to work and have bills to pay, you may be able to claim an interim compensation payment.
An interim payment is an advance on your compensation payment. Any amount you receive in interim payments would be deducted from your final compensation payment.
Howard Willis, Personal injury solicitor
About the author
Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.