A guide to making a No Win No Fee leisure centre accident claim
People visit leisure centres for a wide range of sporting and health reasons, and personal injury solicitors consequently 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 an accident happens as a result of the owner's or occupier's negligence a claim for personal injury compensation can usually be made.
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- Injuries that occur due to out-of-date safety training or poor training techniques that are promoted by inadequately trained staff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.
Can I make a claim for a leisure centre accident?
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.
Starting a claim
If you are ready to begin, you can start your claim online here or call 0800 612 7456.
if you would prefer to discuss your options with a specialist solicitor first, you can also call 0800 612 7456 now, or request a callback.