In this guide, we discuss what you can do if you were injured on an excursion or an activity day trip and want to make a day trip personal injury claim. Were you or your child harmed because of some failure in the health and safety provision on the trip?
Perhaps you work for a day trip company and suffered injury at work because of your employer’s failure to put the necessary safeguards in place? This guide offers the resources to launch a claim against the negligent party and shows the benefits of using a personal injury solicitor to do so. Find out more by:
- Calling our friendly team on 0800 073 8801
- Or contact us online to request a call-back
- Use our live support’ option
Select A Section
- What Are Day Trips Personal Injury Claims?
- Injured On A Day Trip – How?
- Who Could Be Liable For An Accident On A Day Trip
- What Should I Do if I Am Injured On A Day Trip?
- Day Trips Personal Injury Claims Calculator
- How We Could Help With Day Trips Personal Injury Claims?
A personal injury claim can be launched when you are injured because those who had a duty of care for your safety failed in that respect. In many areas of everyday life, a duty is owed by another party, for example at work your employer owes you a duty of care, this is the same for road users and those who control public spaces. When the duty of care is breached and causes an injury or illness those who have suffered could be eligible to make a personal injury claim.
We discuss the laws that seek to protect people on excursions or activity trips and explain how specific evidence can act as the starting point when seeking compensation.
What Activities Could You Do On A Day Trip?
Day trips are designed to offer an exciting and diverse selection of activities for all the family. There is an enormous selection of day trips to choose from, the most common being:
- Camping and caravan site trips
- Caving and Pot-holing
- Kayaking and Canoeing
- Rock climbing
- Historical site visits
- Horse-riding and sheep shearing
- Swimming pool and water sports activities
- Paintballing and outdoor endurance games
These activities all carry an inherent risk and users accept this when they plan and go on a day trip. However, there are unacceptable risks that could be the result of health and safety negligence. Should injury or illness result from negligence the day trip organiser (or employer if it is your place of work) did or failed to do, speak to our team for advice to get started.
Unfortunately, without the proper health and safety measures in place, there is a wide array of potential hazards that might occur on a day trip, starting from the moment you set off. For example, you could:
- Be taken on an inappropriate route that could result in foot or ankle damage
- Become lost or stranded because of staff poor training
- Fall, trip or slip inside an activity centre because of an avoidable hazard.
- Become injured at a relic, historical site, or natural environment such as caves because the site was not risk assessed beforehand.
- Drown or suffer exposure in water whilst swimming, sailing, canoeing, or kayaking because the equipment provided was faulty.
- Fall whilst rock climbing because the equipment provided such as the harness had not been maintained.
- Mounting bike accidents because the operator failed to take the icy weather conditions into consideration.
If the tour guide was inexperienced or negligent, and you were harmed as a consequence, speak with our team about day trips personal injury claims.
There are various pieces of legislation that describe what safety measures need to be in place to limit the opportunity of injury. As a worker at a day trip company, Section 2 of the Health and Safety At Work, etc Act 1974 requires your employer to take all reasonable steps to reduce or remove completely any hazards that could injure you in the course of your job.
There are practical limits to this. But if you can prove how your employer failed in this general duty of care, leaving you injured as a consequence, they could owe you damages.
Under the Adventure Activities Licensing Regulation 2004 and The Activities Centre (Young Persons Safety) Act 1995 certain outdoor activity centres catering for those under 18 must be open to have routine safety management inspections and also obtain a licence.
As well as this controllers of public spaces and activities open to the public must abide by the Occupietrs’ Liability Act 1957, as this applies a duty of care for controllers of spaces to take reasonable steps in keeping the public safe.
Could You Claim Under Package Travel and Linked Travel Arrangements Regulations 2018?
This legislation states that you are entitled to expect that the package holiday you purchased is as described. If you are injured on a day trip abroad and it was booked as part of a packaged holiday you could be eligible to claim compensation. However, you must prove you were injured through negligence.
At the outset of day trips personal injury claims, it’s important to collect as much detailed information and evidence as you can to prove that safety measures or procedures were remiss. After receiving the appropriate medical attention, the foundations of your claim could use the following:
- Documented medical evidence
- Photographs or video footage of the accident site and injuries
- Witnesses who would be willing to provide a statement to a solicitor at a later date
- Consider legal advice on how to seek damages for the injuries and financial loss
As an employee injured on a day trip due to employer negligence, also ensure the accident book is completed. Importantly, there is a three-year time limit to personal injury claims so it’s vital to start as soon as you feel ready.
There are two types of damages that may apply in personal injury claims called general and special. General damages are amounts that relate specifically to physical or psychiatric injury. The Judicial College Guidelines are a publication that lists award brackets for a whole cross-section of head-to-toe injuries, setting a monetary value to the pain, suffering, and loss of amenity as shown:
|Area of Injury To Body||Severity and JC Guidelines Award Bracket||Supporting Notes|
|Head/Brain Damage||(a) Very Severe Brain Damage - £264,650 to £379,100||Profound injury that leaves the person with a life-long and complete dependence on others for basic needs|
|Neck||(a) Severe (iii) - £42,680 to £52,540||Dislocation and soft tissue injuries, ruptured tendons and permanent disability|
|Back||(b) Moderate (ii) - £11,730 to £26,050||Ligament disturbance that causes backache and accelerates pre-existing issues|
|Elbow||(c) Moderate or Minor Injury - Up to £11,820||Simple fractures or lacerations which result in no permanent disability|
|Wrist||(c) Wrist Injuries - £11,820 to £22,990||Injuries that may result in disability such as pain and stiffness|
|Pelvis||(a) Severe (iii) - £36,770 to £49,270||Fractured acetabulum injuries that cause instability and may require a hip replacement|
|Leg||(b) Severe Leg Injuries, Very Serious (ii) - £51,460 to|
|Permanent mobility problems and need for help to walk.|
|Knee||(b) Moderate (i) - £13,920 to £24,580||Dislocations and torn ligaments as well as weakness and wasting.|
|Ankle||(b) Severe - £29,380 to|
|Long recovery period in plaster or with surgical pins, but residual disability issues remaining|
|Foot||(f) Moderate - £12,900 to £23,460||Bone foot (metatarsal) fractures causing deformity and risk of osteoarthritis|
A medical assessment can provide the full extent of damage and whilst not intended to be guaranteed, these amounts seek to acknowledge each individual injury. You could also check out our accident claims calculator.
Further to this, special damages can be all the financial costs to you caused by the injury and your attempts to deal with it. You may be in a position to prove that the injury caused:
- Loss of earnings
- The need for medical equipment or procedures
- Adaptations to alter your car or home because of injury
- Domestic help to function at home (this can be professional help or family and friends who assisted you).
Speak with our ream to see what other eligible incurred expenses you could include for day trips personal injury claims. Or why not try our loss of earnings calculator?
Whilst anyone is free to represent themselves in a personal injury claim, professional legal help can take away all the complexity. Also, legal representation need not be expensive when offered under a No Win No Fee agreement. This is because:
- No upfront payment is needed
- Only a maximum 25% deduction from the settlement for their success fee becomes due if the case wins.
- If the case fails there is no success fee to pay.
These obvious benefits mean that a skilled personal injury solicitor can concentrate on your claim while you concentrate on getting better. Get in touch to see how we could assist in connecting you with a personal injury solicitor today by:
- Calling our friendly team on 0800 073 8801
- Contact us online to request a callback
- Using our live support’ option for free legal advice
Day trips personal injury claims – About Related Claims
Day trips personal injury claims are just one area of expertise. At Accident Claims we offer further resources to help: