How To Claim Compensation For A Funfair Accident

By Cat Swift. Last Updated 29th March 2023. Welcome to our guide on fairground accident claims and funfair accident claims. Fairground and funfair accident claims are more commonplace than you may think, and in this fair ride accident guide, we answer questions about ride accidents. such as ‘can you sue a theme park for whiplash caused by a fairground crash?’ as well as answering questions about a fairground ride accident claim, such as ‘how much compensation can you claim for a fairground accident?’

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Funfair and fairground accident claims

We discuss when employees could claim for funfair accidents and how long you could have to claim for an accident at a fairground. Whether you’ve been injured in a funfair ride collapse, or you’re suffering from a back injury at work caused by negligence, a personal injury claim for compensation could help you financially after such an incident.

If you, a loved one, or a family member has been injured while attending a funfair or fairground event due to the negligence of a third party, you could be entitled to file a personal injury claim against them. At Accident Claims, our team of legal experts have years of experience in successfully filing fairground and funfair accident claims for many people in the past.

To find out more about how an Accident Claims personal injury solicitor can help you understand the procedures that are needed in fairground and funfair accident claims, please click on the Select a Section below. Alternatively, you can call us on 0800 073 8801, where we’ll be happy to discuss your claim.

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Ride Accidents – What Are Fairground Accidents?

Ride accidents could happen for a number of reasons. So too could other types of accidents at a fairground. However, not all incidents where a fair ride accident causes an injury leads to a claim.

If you’re wondering what ride accidents or other types of accident at a fairground could lead to a claim, you need to consider the following.

To have a valid fire ride accident claim, you’d need to prove:

  • Someone owed you a duty of care
  • They breached that duty of care
  • The breach caused you to suffer physical or psychological harm

How could an accident at a fairground happen?

There are various ways an accident at a fairground could occur, such as:

  • Failure or lack of safety barriers 
  • Mechanical failures
  • Defective rides
  • Trip and fall hazards not being signposted or removed
  • Poor food hygiene
  • Falling objects that weren’t secured properly, such as signs

What Steps Should You Take If Your Or Your Child In Injured At A Funfair Or Fairground?

Proving liability in fairground and funfair accidents can prove challenging, and as such, it is essential that you gather as much evidence as you can because the more you have, the more it strengthens your case against a negligent third party. With this said, the most essential thing to do is seek medical attention as a matter of urgency, even if you think your injury is minor. The next steps you must take are detailed below:

  • Report the incident to the appropriate people, whether a ride attendant or other, and make sure they record it in an accident report book
  • Take photos of the accident and your injuries
  • Request CCTV footage if available
  • Take note of all witness information, including their names and contact details
  • Keep all medical records of your injuries

If you need further legal advice on how to file your personal injury claim for compensation following a fairground accident, whether you or a child was involved, please do not hesitate in contacting an Accident Claims personal injury solicitor today.

Common Fairground And Funfair Injuries

There are various injuries you can sustain while visiting a funfair, fairground or theme park, with some being minor whilst others are extremely severe and which can leave you marked for life. The most commonly reported fairground and funfair accidents are detailed below:

  • Bruising
  • Cuts and abrasions
  • Burns
  • Broken bones
  • Head injuries
  • Chest injuries
  • Spinal injuries
  • Severed limbs (traumatic amputation)
  • Post-traumatic stress disorder (PTSD)

I Was Injured As A Fairground Worker – Can I Claim?

If you are a fairground worker and suffered an injury in a fairground accident, you may be wondering if you can claim. In order to form the basis of a valid fun fair accident claim, you have to be able to establish that:

  • Your employer owed you a duty of care
  • They breached this duty
  • As a result, you were injured

According to the Health and Safety at Work etc. Act 1974 (HASAWA), every employer owes their employees a duty of care. This means that they have to take all reasonably practicable steps to ensure your safety in the workplace and while carrying out work-related duties.

If your employer fails to uphold this duty, and you are injured as a result, this is known as negligence. For example, if your employer is aware that a ride is unstable but instructs you to work it as usual, and you are then injured in a fairground ride collapse, you may be able to claim.

It’s important to note that to claim, you don’t need to use a solicitor for accidents at fun fairs near you. Our solicitors take claims from around the country. To learn more, get in touch with our team today.

What Steps Should You Take After A Funfair Accident?

As part of the funfair accident claiming process, you will be expected to prove that the liable party’s negligence caused your injuries in a fairground ride accident. This means you will need evidence.

Examples of useful evidence in a public liability claim could include:

  • Medical records. Additionally, you might be asked to attend an independent medical exam. This can establish the severity of your injuries and what impact they are expected to have on your life.
  • Accident footage. For example, from CCTV or a mobile phone.
  • Photographs of the accident scene. For example, if a faulty ride caused your injuries, you may have a photo of this that can be submitted.
  • Injury photographs. If your injuries are visible, you can submit images of these.
  • Witness contact information. You can note the contact details of anyone who saw the accident so they can give a statement at a later date.

Call our advisors for information about fairground accidents in the UK. They can give you free advice about the claiming process and help you gather evidence.

Calculating Compensation Claims For Accidents At Funfairs And Fairgrounds

The personal injury claims calculator below provides an insight into how much you may be awarded in a successful claim. The figures are based on Judicial College Guidelines and on past cases. These figures have been taken from the latest guidelines, created in April 2022. However, the amount you may be awarded could differ from the amounts shown in the table because every personal injury claim is unique. As such, you may be awarded more or less than indicated.

Edit
Injuries/reason for compensation Amounts awarded Notes
Head injury that has caused a permanent vegetative state £282,010 to £403,990
Head injury that has caused a less severe impairment £15,320 to £43,060 How much compensation would depend on the degree of severity affecting quality of life etc.
Head injury that is quite minor and has left no serious impairment £2,210 to £12,770 How much compensation will depend on how bad the head injury is.
Loss of both arms £240,790 to £300,000  
Loss of one arm Not less than £137,160 This amount is for the loss of one arm where the arm is amputated at the shoulder.
Loss of both legs Up to £282,010 Depends on the position of the amputation (e.g. below or above knee)
Loss of one leg Up to £137,470 Depends on position of amputation
Injuries resulting in permanent blindness In the region of £268,720 Amount might be higher depending on the circumstances
Loss of vision in one eye with reduced vision in the other eye Up to £179,770 Amount awarded would depend on the extent of the vision loss
Loss of both hands or loss of use in both hands £140,660 to £201,490  
Loss of two feet £169,400 to £201,490  
Loss of one foot £83,960 to £109,650  
PTSD – post traumatic stress disorder Up to £100,670 This can occur several months after the event that triggered the disorder
Facial injury involving permanent disfigurement £3,950 to £97,330 Amount awarded depends on the level of disfigurement
Amputation of Middle and Index and/or Ring Fingers £61,910 to £90,750  
Severe leg injury – Very Serious (ii) £54,830 to £87,890 Depends on extent of injury and long-term prognosis
Elbow injury with permanent impairment Up to £54,830 If both elbows are injured the amount awarded could be significantly higher
Elbow injury resulting in no or only minor impairment Up to £32,010 Amount awarded depends on the level of movement remaining

Other Compensation Payouts for a Fairground Accident in 2023

The table above provides brackets of general damages compensation amounts related to potential injuries caused by a fairground ride accident. These figures are not guarantees, as every claim is unique.

You may also be able to receive special damages compensation. Special damages relate to the financial losses caused by the fairground accident in which you were injured. You would need to prove how the financial losses suffered are directly linked to the injury.

For example, if your leg was amputated due to a fairground accident, you may now be unable to work. This can lead to a loss of earnings which you may be able to claim for.

Evidence you would need when claiming for financial losses includes receipts, invoices, bank statements and payslips. Other losses you could claim for include:

  • Travel costs
  • Medical expenses
  • Adjustments to your home
  • Care costs

If you’d like to know more about claiming for a fairground accident, please contact our advisors for legal advice that is completely free.

No Win No Fee Funfair, Fairground, and Theme Park Injury Claims

A Conditional Fee Agreement (CFA) allows an Accident Claims personal injury lawyer to begin work on your personal injury claim following a funfair or fairground accident without the need to request an upfront fee or retainer. Working with us on a No Win No Fee basis takes all the financial burden of seeking legal representation when you need it the most off the table.

An Accident Claims personal injury solicitor with years of experience filing successful fairground and funfair accident claims for clients in the past would work hard to ensure you are awarded the level of compensation your rightly deserve for the pain, suffering and damages you sustained through the negligence of a third party.

The only time we would raise an invoice for the agreed fee set out in the CFA would be when a judge rules in your favour and we deduct this fee directly from the amount awarded. If your personal injury claim is unsuccessful, there would be nothing to pay for the legal representation we provided.

Contact Accident Claims UK Today And Start Your Claim

To request a “call back”, please fill out the form provided, and a specialist personal injury lawyer will get straight back to you.

To speak to an Accident Claim personal injury solicitor directly, please call us on 0800 073 8801; our claims lines are open 24 hours, 7 days a week.

If you prefer, you can email us at office@accidentclaims.co.uk a personal injury lawyer will get back to you as soon as possible.

Useful Links Relating To A Funfair Accident Claim

If you’re a funfair worker who sustains injuries an accident while working that wasn’t your fault, read our guide below. It offers more information on your rights:

Fairground Accidents In The UK - FAQs

When can you sue a fairground for a funfair accident? 

All fairground operators have a duty of care to protect the well-being of their customers. Therefore, they must maintain their rides properly, operate them in accordance with the manufacturer’s recommendations and ensure they train all staff properly. Therefore, if you are injured whilst riding a fairground ride or playing a fairground game, you could sue for your suffering.

How will I claim against a travelling fair?

The local council will probably be able to tell you who operated the funfair if they have moved on since you were injured. As with other businesses, funfairs require a public liability insurance policy. Therefore, once the claim is lodged, you will not need to know where the fair is currently based. All communication regarding your claim will go through the funfair’s insurer.

What time limits apply in fairground accident claims?

As with other personal injury claims, fairground accident claims must be made within 3-years from when the accident happend. However, if the claim is being made on behalf of a child, the time limit does not apply so long as it is filed before the child is 18-years old.

Can you claim against a fairground for whiplash?

If you’ve suffered whiplash as a result of a rollercoaster accident or any other kind of fairground accident, and it was the result of someone else’s negligence, then you might be able to make a claim.

Under the Occupier’s Liability Act 1957, the “occupier” or person in control of a public space has a duty to you as a visitor to make sure that you can safely use the space for the purpose it was intended. Failure to do this constitutes a breach of duty of care and could result in you being able to make a fairground accident claim.

What is the average payout for a fairground injury claim in the UK?

There’s no one-size-fits-all answer to the question, “how much will I receive for my fairground accident?”. All claims are assessed on a case-by-case basis, so without knowing more about your circumstances, it’s hard to place a value on your claim. As well as the type and severity of your injuries, your compensation amount will be decided based on your answer to questions like:

  • Did you take any time off work because of your injuries?
  • Is your ability to work in the future affected by your injuries?
  • Did you need to pay for any medication or treatment yourself?
  • Have you incurred any travel expenses that you wouldn’t have were it not for the accident taking place?

If you’d like to speak to one of our expert advisors to see how much your claim could be worth, don’t hesitate to get in touch with our team today.

Can you sue a theme park for whiplash?

You could sue a theme park for whiplash if it was caused by their negligence. Should a theme park fail to uphold their duty of care towards you, and be negligent, causing you injury, you could have a valid claim.

Please speak to our team if you would like the assistance of a personal injury solicitor. We could provide you with a lawyer that could help you.

What other types of fairground accidents and incidents could I claim for?

Besides a fairground crash, you could claim for other forms of injury and illness that have been caused by a negligent breach of someone’s duty of care towards you. Incidents could include:

  • Allergic reaction from food served at the fairground because someone didn’t provide correct allergen information
  • Food poisoning from foods not fit for consumption due to negligent preparation/storage/cooking
  • Slips, trips and falls due to someone not removing or signposting hazards
  • Assaults by other people at the fairground (these could be through the Criminal Injuries Compensation Authority (CICA)

This list is not exhaustive. If you believe you could have a valid claim, please call us. We could help ascertain whether you could make a claim.

How much compensation can you claim for a fairground accident? – Latest guidelines

You can find the latest guidelines on how much compensation you can claim for a fairground accident in the Judicial College Guidelines 16th edition, published in April 2022. The figures in our compensation table on this page are from this publication. 

Remember, however, that these are only guidelines and every claim is different. Not only could you claim for your pain and suffering, but also for the financial consequences of your injuries. As such, the value of your claim will vary depending on your specific circumstances.

Can you give further guidance on how much compensation you can claim for a fairground accident or funfair accident?

When you call us, we will do our best to determine a rough idea of how much compensation you could claim for a fairground or funfair accident. We will also determine whether your claim could have a favourable chance of success. You are under no obligation to use our advice, or our services by calling. However, if you choose to work with one of our solicitors, they could represent your claim on a No Win No Fee basis. This means you will pay no upfront costs or ongoing fees for your solicitor to begin helping you claim compensation for a fairground accident. 

What injuries could I suffer in a funfair accident?

There are a range of injuries that a person could suffer in a funfair accident. The injuries would largely depend on the type and nature of the accident. You could suffer from whiplash injuries, for example, if a ride caused your neck to jerk back and forth suddenly. 

Whatever your injuries, if they have happened due to a breach of someone’s duty of care towards you, we could assess your case to see if you could claim.

How long do I have to claim for a funfair accident?

The limitation period for claiming for funfair accidents is usually three years. This period usually starts on the date the fairground ride accident occurred. However, in some cases, it could start from the date you connected your injuries with negligence.

However, there are some instances where the limitation period for claiming for an accident at a fairground could differ. For example, if a child is injured in a fairground ride accident due to negligence, they could not claim while under 18. They could, however, claim once they turned 18 and would have three years to do so from the date of their 18th birthday. However, if a parent or guardian, for example, wanted to launch a claim for a funfair accident on their child’s behalf, they could apply to be a litigation friend. If successful, they could make certain decisions about the child’s claim in the best interest of the child.

Other instances that could mean the usual 3-year limit would not apply include instances where the funfair accident happened, and the person lacked the mental capacity to claim themselves. 

If you have questions about how long you could have to claim for an accident at a fairground, please call our team. We would be glad to help ascertain the limitation period applicable to your claim.