By Jo Anderson. Last updated 5th January 2024. This guide will explain how to make a hiking or walking tour activity personal injury claim.
Many people enjoy participating in organised hiking and walking activities and exploring new places. Most walking tour activities take place without any problems. However, accidents could happen during a walking or hiking tour activity, resulting in injuries when health and safety are not a priority.
Not all accidents will mean a personal injury claim is possible as some accidents can happen even when all safety precautions have been met. To be eligible to make a hiking or walking tour activity personal injury claim it must be shown that those who had a responsibility for your safety failed to take the necessary steps in preventing an accident.
If you have suffered a walking or hiking related injury, you may be eligible to claim compensation. We can offer you free legal advice if you wish to claim compensation for a walking tour accident. If you are eligible to claim compensation, our lawyers can help you on a No Win No Fee basis.
To begin your No Win No Fee claim, please call us today:
- Call us on 0800 073 8801 to speak to an advisor
- Or use our online claims form to reach out to contact us
Select A Section
- A Guide To Making A Hiking Or Walking Tour Activity Personal Injury Claim
- How Could Hiking Or Walking Tour Accidents Happen?
- How Could A Walking Or Hiking Activity Injure You?
- Who Could You Make A Hiking Or Walking Tour Activity Claim Against?
- How Much Could Your Hiking Or Walking Tour Activity Personal Injury Claim Be Worth?
- How To Make A Hiking Or Walking Tour Activity Personal Injury Claim
Under certain legislation such as The Occupiers’ Liability Act 1957, the controller of a business and premises open to the public is responsible for your health and safety when you use their services. Also, there is other legislation that protects minors when undertaking activities in certain outdoor activity centres such as the Adventure Activities Licensing Regulations 2004 and The Activity Centres (Young Persons’ Safety) Act 1995.
Therefore if you are taking part in an organised hiking or walking activity, the organiser has a certain amount of responsibility for your health and safety.
You may be eligible to claim compensation for a walking accident under the following circumstances:
- Firstly, another party owed you a legal duty of care.
- Secondly, the party acted negligently, which led to an accident.
- Lastly, the accident led to you becoming injured.
How Long Do I Have To Make A Personal Injury Claim?
If you are eligible to claim for an accident while hiking, you will need to be mindful of the personal injury claim time limit. Typically, per the Limitation Act 1980, this will be three years from the date of the accident. However, there are some exceptions.
For example, if a child is injured in a hiking accident, they would not legally as a minor be able to claim compensation before their 18th birthday. The limitation period would pause until this date. However, during the time it is paused, a litigation friend could bring forward a claim on their behalf. If this doesn’t happen, and the child then turns 18, they would have 3 years from their 18th birthday to file their own personal injury compensation claim.
There are also exceptions which could apply to those who lack sufficient mental capacity to file their own claim. The limitation period for those without capacity is frozen indefinitely, but a litigation friend can act on their behalf. If no claim is made, and the person regains capacity, they will have 3 years from their recovery date to claim compensation.
If you have further questions about time limits for personal injury claims, please contact an advisor for free advice.
As we have mentioned, walking and hiking activities are generally safe. Any kind of adventurous activity will have its own risks. Accidents can happen and no one is at fault. However, if accidents happen because a company neglects health and safety, then they could be liable for any damages suffered. Here are some examples of how a walking or hiking accident can happen:
- A hiking activity tour provider fails to check if any party members have medical conditions, which means that hiking is not a suitable activity for some. Consequently, a participant becomes unwell or is injured because they participate in unsuitable activities.
- The tour guide takes the party to an unsafe area. For example, part of a historical place of interest is undergoing renovations and is not open to the public. Subsequently, a member of the party is injured.
- A hiking tour activity goes ahead, despite unsafe weather warnings. A member of the party is injured because of poor weather conditions.
- A hiking tour instructor takes the party down a mountain path closed off because of rockfall hazards. A falling rock hits a participant, causing a head injury.
England And Wales Mountain Rescue Statistics
Every year England and Wales Mountain Rescue carry out life-saving work. In 2017 the organisation responded to 2,396 call outs. Subsequently, 2,110 call outs led to a mountain rescue deployment. 237 of these deployments involved helping people with serious injuries.
Slips and trips are common injuries because they can literally happen in any environment. They can cause minor injuries but can also cause severe injuries too.
Examples of injuries that can be sustained due to an accident include:
- Ligament sprain
- Muscle strain
- Tendon injury
- Hip injury
- Lower back injury
- Back injury
- Spinal injury
- Brain injury
Who do I make a hiking or walking tour activity personal injury claim against? This depends on several factors. Firstly your injury may have been caused by an accident that could not have been avoided. In this instance, there would be no one to claim against. If the accident happened because of negligence then it may be that the tour provider is liable for your injury.
Likewise, the council or a business premises such as a cafe you visit as part of the tour may have been negligent and you make your claim against them. For example, if you are injured by a pothole accident on a footpath, the local council may be liable for your injuries.
To find out who could be liable in your personal injury claim call our advisors for free legal advice. If they can see you have a valid claim they may appoint one of our No Win No Fee solicitors to your case.
Personal injury compensation can vary drastically depending on your injury and how this has affected your finances. For this reason, a successful claim will take into account two types of damages. General damages will compensate for the pain and suffering the illness or injury has caused. And special damages will look at how you have suffered financially. The table you can see below looks specifically at general damages.
So, your final settlement may differ from the table bracket amounts. Only general damages are included in the table.
|Severity And Form Of Injury
|About This Injury
|Multiple severe injuries including financial losses and costs.
|Up to £1,000,000+
|A combination of severe injuries combined with financial costs and losses such as care costs and loss of pay.
|Brain Damage (Very Severe) (a) (i)
|£282,010 to £403,990
|Leading to the person having little to no meaningful environmental response.
|Severe (ii) Neck Injury
|£65,740 to £130,930
|Cervical spinal disc fractures and/or other serious damage.
|(a) Wrist Injury
|£44,690 to £56,180
|A wrist injury resulting in the persons loss of function in the wrist. A arthrodesis will have been conducted.
|Moderate (i) Pelvic Injury
|£26,590 to £39,170
|Significant injury to the pelvis or the hips. If the person is disabled, this is not major.
|Serious (b) Achilles Tendon Injury
|£24,990 to £30,090
|A (repaired) division of an Achilles tendon where there is residual weakness.
|Moderate (f) Foot Injury
|£13,740 to £24,990
|Permanent deformity and continuing pain that have resulted from fractured displaced metatarsal.
|Less Serious (ii) Leg Injury
|£9,110 to £14,080
|A break or fracture of the femur bone.
|Moderate (c) Shoulder Injury
|£7,890 to £12,770
|Moderate shoulder injuries limiting movement through the shoulder and which causes the person discomfort. Symptoms may last for 2 years.
The compensation amounts in this table are based on guidelines from the Judicial College. Personal injury solicitors use these guidelines to help them value compensation claims. However, our solicitors will also consider your medical report and other evidence. So the final settlement you receive may be different from what you can see in the table.
And you could also receive special damages, which can reimburse you for any out of pocket expenses caused by your injuries.
Please feel free to reach out to us, if you wish to make a hiking or walking tour activity personal injury claim. Our solicitors may offer to manage your personal injury claim on a No Win No Fee basis.
A No Win No Fee basis means you will not pay an upfront solicitor’s fee. Instead, you will pay a success fee if you win. Because the fee is only payable if you win your claim, less financial risk is involved. Moreover, the success is paid from your compensation payout, so you don’t have to worry about affording the fees.
To begin your compensation claim, please get in touch with us today:
- Call us on 0800 073 8801
- Contact us via our website
- Or use our Support widget to ask us about claiming compensation for your injuries
Online Personal Injury Claims Resources
We have more information available about claiming compensation for an injury. Please feel free to read on to find out more.
Health and safety for leisure activities – an HSE guide
An NHS guide to head injuries and concussions
We appreciate you reading this information on making a hiking or walking tour activity personal injury claim.