This guide will look at how you can make mountain bike activity personal injury claims after being involved in an accident that resulted from negligence. As you read on, you will learn about the different causes of mountain bike accidents and how much personal injury compensation you could be entitled to in the event of a successful claim.
Outdoor activity centres have a responsibility for the health and safety of young people under the Activity Centres (Young Persons’ Safety) Act 1995 and the Adventure Activities Licensing Regulations 2004; the Adventure Activities Licensing Authority regulates this.
However, if organised mountain biking has occurred outside of an outdoor activity centre, those who provide mountain biking activities are still responsible for riders who use their services. This duty of care is set out in the Occupiers’ Liability Act 1957.
If you have any questions about making this kind of claim, please don’t hesitate to get in touch. We’ve included various ways you can contact us below:
- Chat to our team using our live chat feature
- Give us a call on 0800 073 8801
- Make an enquiry via our contact page
Select A Section
- What Is A Mountain Bike Activity Injury Claim?
- Causes Of Mountain Bike Accidents
- Duty Of Care In Mountain Bike Activity Personal Injury Claims
- Mountain Bike Activity Personal Injury Claims Case Study
- How Much Could You Claim For A Mountain Bike Activity Accident?
- How To Make Mountain Bike Activity Personal Injury Claims
You may be able to make a mountain bike activity personal injury claim if you were injured in an accident using a mountain bike provided by a company or an outdoor activity centre. However, the accident must have been caused by the negligence of those who provided the mountain bike activities.
This is because, in order for you to claim, a duty of care must have been in place and subsequently breached, resulting in an injury. There are a number of situations in which you’re owed a duty of care, and one of these is when you’re partaking in outdoor activities like mountain biking or quad biking.
Our advisors can value your claim for free and clarify whether it is valid; if so, they could connect you with a No Win No Fee solicitor from our panel. Speak to our team using the live chat feature on your screen.
It is worth noting that you can’t claim for all accidents that happen on mountain bikes; you can only claim for ones caused by the negligence of someone who owed you a duty of care. For example, if you were inexperienced with riding a bike and lost your balance, causing you to fall off and sustain an injury, then you’d be unlikely to be able to claim.
Below, we have included some examples of how a breach of duty of care could cause a mountain bike injury:
- Faulty equipment. Activity centres should carry out regular maintenance checks on equipment to make sure everything is working properly. If you are given a faulty mountain bike, for example, where the brakes don’t work, then this could result in an accident.
- Perilous terrain. Activity centres should only offer mountain biking in environments where this is safe. If the terrain is too bumpy, for example, or too slippery because of mud, this could pose a risk of injury.
- Poor instruction. Employers should train instructors on how to teach riders the basics of mountain biking. Failure to do so puts the rider at risk.
Types Of Mountain Bike Activity Personal Injuries
Mountain bike accidents can cause serious injuries. We’ve included some examples of these below:
- Spinal injuries: Spinal injuries have serious consequences as they can cause paralysis. Typical types of spinal injury may include fractures or slipped discs.
- Sprains and fractures: Mountain biking involves the use of your limbs, knees and ankles meaning they are at risk of injury such as a sprained ankle.
- Head injuries: If you fall from a bike and hit your head, this could result in a head injury. You might sustain a brain injury as a result of this.
For free legal advice on mountain bike activity personal injury claims, speak to our team. Our advisors can give you a no-obligation valuation of your case.
When mountain bikes are involved in a workplace setting, employers must do what is reasonably practicable to protect the health and safety of staff. The Health and Safety at Work etc. Act 1974 (HASAWA) sets out this duty of care.
The duty of care extends to the general public under the Occupiers’ Liability Act 1957. The legislation states that bodies that are in control over a public place must have reasonable health and safety measures in place to protect those who access their premises.
For example, if you are mountain biking in an activity centre and ride over a pothole, you may fall from the bike and sustain an abdominal injury. However, you would need to show that a breach of duty of care caused this accident, meaning you would need to show that the centre knew about the pothole (or should have known through maintenance checks) and did nothing in order for your claim to be successful.
It is possible to claim following a mountain bike accident abroad. However, you must have arranged for the mountain bike activity as part of a package holiday. This could mean your accident is protected under the Package Travel and Linked Travel Arrangements Regulations 2018. The legislation makes travel organisers legally responsible for protecting travellers who use their packages and linked travel arrangements, which might include mountain biking.
Our team can offer further advice about the process of claiming for an accident caused by negligence. Get in touch with us today for more information.
This section of our guide will examine a case study in which an injured rider sued an instructor. We aim to give you an idea of the mountain bike activity personal injury claims process.
How The Accident Happened
The claimant, Asif Ahmed, was a reasonably fit man who attended a mountain biking session on his stag do. However, the defendant, a professional mountain biking instructor, had failed to carry out a risk assessment on the bike he gave Mr Ahmed. Consequently, Mr Ahmed was thrown to the bottom of the slope after his brakes failed.
What Injury Was Caused?
Mr Ahmed suffered from a serious spinal injury that left him paralysed. In addition to this, he experienced a broken eye socket which resulted in a cosmetic effect on him. Furthermore, he was left with psychological injuries including depression. In addition to this, Mr Ahmed had to cancel his wedding as he was in the hospital recovering, meaning that he lost out on a significant amount financially.
How Did The Case Progress?
It was decided that the defendant had acted negligently in failing to carry out regular risk assessments on the equipment they provided to customers to use. As a result, they were deemed liable for the injuries that Mr Ahmed sustained. As a result,
Our advisors will only connect you to our panel of solicitors if they think you have a valid claim. To find out if your claim is valid, speak to our team for a free valuation.
Mountain bike activity personal injury claims can see claimants receive big compensation amounts due to the seriousness of the injuries sustained. There are two different types of damages you might be able to claim:
- General damages: If your injuries have caused you pain, suffering and the loss of amenity, this could be reimbursed to you in general damages. You can claim for both physical and psychological injuries, such as post-traumatic stress disorder.
- Special damages: This head of your claim compensates you for financial losses caused by your injuries, such as loss of earnings or medical fees. It would be useful to keep hold of wage slips and receipts to prove your financial losses.
We’ve taken compensation brackets from the Judicial College Guidelines (JCG) to give you an estimate of how much compensation you could be owed. Legal professionals use the JCG to help value claims.
|Very Severe Brain Damage||£264,650 to £379,100||There will be a need for full-time nursing care and little or no language function.|
|Severe Post-Traumatic Stress Disorder||£56,180 to £94,470||Symptoms may include nightmares and flashbacks, while hyper-arousal may affect basic functions.|
|Digestive System||£6,190 to £11,820||Penetrating stab wounds causing injury to the organs|
|Severe (i) Neck Injury||In the region of £139,210||Severe headaches will persist and there could be permanent spastic quadriparesis.|
|Severe (i) Back Injuries||£85,470 to £151,070||Severe damage to the spinal cord and nerve roots will lead to severe pain and disability.|
|Serious Shoulder Injuries||£11,980 to £18,020||There is likely to be aching in the elbow and weakness of grip.|
|Less Severe Injuries to the Elbow||£14,690 to £30,050||Injuries will impair the function of your elbows but there will be no risk of significant disability.|
|Severe (i) Leg Injuries||£90,320 to £127,530||Fractures will not have united, requiring extensive bone grafting.|
|Damage to Teeth||Up to £35,790||The condition of your teeth will have generally deteriorated and there may be significant tooth pain.|
|Facial Disfigurement- Less Severe Scarring||£16,860 to £45,440||The cosmetic effect is disfiguring causing a significant psychological reaction.|
Our panel of solicitors may provide more accurate estimations of mountain bike activity personal injury claims. Speak to our team for more information.
Now that you know more about the claims process, you may be considering taking legal action. If the cost of hiring a solicitor is daunting to you, you might want to consider using a No Win No Fee solicitor. Our panel of solicitors offer their services through this agreement, which would see you paying no upfront solicitor costs or ongoing legal fees. Solicitors deduct a legally capped fee from your compensation to cover fees accrued during the legal process.
If you have a valid claim, our advisors may connect you with our panel of solicitors. For more information, you can get in touch by:
- Using the live chat feature at the bottom of your screen
- Enquiring through our contact page
- Calling us on 0800 073 8801
Related Cycling Activity Accident Claims
Before concluding our guide on mountain bike activity personal injury claims, here are some additional resources:
Request CCTV footage of yourself – Find out about your right to request CCTV footage.
Sports Injuries – NHS guidance on what to do after sustaining a sports injury.
Health and safety at work summary statistics – The Health and Safety Executive provide the latest health and safety at work stats.
Here are some more of our guides that you may find helpful.
Making A Multiple Injury Claim – Claiming for more than one injury sustained as a result of negligence.
Permanent Scar Injury – Guidance on what to do if you have sustained a permanent scar injury.
No Win No Fee – An in-depth guide on No Win No Fee arrangements.
For further questions on mountain bike activity personal injury claims, get in touch with our team today.
Guide by LJ
Edited by FS