In this guide on the outdoor activity centre injury compensation claims process, we take a look at how someone could sustain a personal injury whilst using or working at a centre. We will discuss the different types of activities people may have been involved in, how an accident could happen and the circumstances in which a claim might be justified.
The Activity Centres (Young Persons’ Safety) Act 1995 outlines the requirements of those offering adventure activities to children under the age of 18. The legislation regulates centres and providers of facilities to ensure that health and safety measures are upheld. The Adventure Activities Licensing Authority was established in 1996 to ensure activity providers follow the health and safety practices outlined in the Adventure Activities Licensing Regulations 2004.
You’re also owed a duty of care if you’re an adult in one of these centres, too. This is outlined in the Occupiers’ Liability Act 1957.
If you have any questions about making a claim, you can get in touch. If you have a valid case, an advisor could connect you with a solicitor.
You can get in touch by:
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- How To Make Outdoor Activity Centre Injury Compensation Claims
- Types Of Outdoor Activities
- Causes Of Outdoor Activity Centre Accidents
- Outdoor Activity Centres Duty Of Care
- Calculating Outdoor Activity Centre Injury Compensation Claims
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Before we begin looking at outdoor activity centre injury compensation claims, it’s a good idea to look at what a personal injury claim is in general. There are a number of ways you could be injured in an accident in an outdoor activity centre; however, to make a valid claim, the following needs to apply:
- You were owed a duty of care by the entity in control
- This duty of care was breached; and
- You were injured as a direct result of the breach.
Additionally, it is important to collect evidence to support your claim. You can do this by:
- Obtaining CCTV footage of the accident
- Collecting contact details of eyewitnesses who can provide statements later
- Taking photographs of your injury and the environment where the accident happened
If you have any further questions on how to make outdoor activity centre injury compensation claims, continue reading this guide. On the other hand, you can speak to an advisor. They are available to talk 24/7.
When understanding how to make outdoor activity centre injury compensation claims, it would be useful to highlight the type of activities in which people may take part. Like with any outdoor activity, there are risks and hazards that centre owners and employers should consider.
Failing to do so could lead to an accident. Subsequently, if they have ignored their duty of care and you have been injured as a result, you may have grounds to make a claim.
Types of outdoor activities that are common in outdoor activity centres may include:
- Assault course
- Horse riding
- Ice climbing
- Mountain biking
- Quad biking
- Water sports
- Zip wiring
For more information on what other outdoor activities you could take part in where you’re owed a duty of care, speak to our advisors. They could connect you to one of our solicitors if they think you have a valid claim.
In this section of our guide on how to make outdoor activity centre injury compensation claims, we will look at scenarios in which accidents could happen and what the causes could be. In order to make a valid claim, you need to prove that the activity providers have acted negligently and breached their duty of care to you.
- Poor instruction- Members of staff must be able to provide instruction to those who are taking part in activities. Failure to do so could result in injury. For example, you may crash a quad and break your elbow if you’re not told how to operate the brake.
- Defective equipment- Staff should carry out regular maintenance checks to ensure all equipment is working at full capacity. Faulty equipment could be dangerous. For example, if you are given a mountain bike with malfunctioning brakes, you could be thrown off and sustain an ankle injury.
- Hazardous environment- Outdoor activity centres could be located on landscapes where there might be perilous terrain. While this might be part of the enjoyment in some activities like quad biking, those in control should carry out regular risk assessments. For example, if there’s a particularly bumpy part of a mountain bike track that would be better suited to more experienced users, this should be signposted to avoid visitors having an accident.
What Injuries Could Happen At An Outdoor Activity Centre
There are several types of injuries that could happen as a result of an outdoor activity centre accident. Let’s take a look at some of those injuries and how they could be sustained:
- Fractures: If you fall from a piece of equipment you are using, or if something falls on to you, then you could experience a broken bone, such as a fractured skull or arm injury.
- Cuts or grazes: If you receive poor instructions from staff on how to use a motor vehicle, for example when you are quad biking, you might not be able to operate it. Subsequently, you may crash and cut or graze yourself leading to a permanent scar.
- Head injuries: A head injury could happen if you are given a faulty harness whilst zip wiring, leading you to fall from a height and hit your head.
Speak to our team and find out how much your claim could be worth; if it is valid, an advisor could connect you with one of our solicitors.
Under the Health and Safety at Work etc. Act 1974 (HASAWA), employers at outdoor activity centres owe a duty of care to employees and must do what is reasonably practicable to maintain health and safety in the workplace. However, general duties extend beyond just protecting employees. The legislation also states that employers should protect people other than just staff. For example, volunteer staff, club members and spectators.
Although the HASAWA imposes duties on employers and staff, anyone who is in control of premises, such as an outdoor activity centre, has legal responsibilities under health and safety law. They must take reasonable measures to make the centre safe. They also have a responsibility to ensure that any equipment provided is safe to use.
The Occupiers’ Liability Act 1957 is the piece of legislation that outlines this duty of care. The Activity Centres (Young Persons’ Safety) Act 1995 and Adventure Activities Licensing Regulations 2004 set out the safety and licensing requirements for those providing these activities.
If you have any questions on the relevant legislation, or about how to make outdoor activity centre injury compensation claims, speak to our advisors using the live chat feature on your screen.
Ahead of calculating your outdoor activity centre injury compensation claims, it might be useful to understand what damages you could claim for. The first is general damages.
General damages can compensate you for the pain, suffering and loss of amenity experienced because of your injuries. Special damages, on the other hand, deal with any financial losses you incur.
Solicitors use the Judicial College Guidelines to help value the general damages head of your claim. We can use compensation brackets from this document to estimate a value for your injuries.
|Moderate (i) Neck Injuries||£23,460 to £36,120||Fractures or dislocations which cause severe symptoms that present immediately.|
|Severe (i) Back Injuries||£85,470 to £151,070||Severe pain and disability caused by damage to the spinal cord and nerve roots.|
|Moderate Should Injuries||£7,410 to £11,980||Limitation of movement with discomfort persisting for around two years.|
|Less Severe Arm Injuries||£18,020 to £36,770||A substantial degree of recovery will be expected despite there being significant disabilities.|
|Serious Hand Injuries||£27,220 to £58,100||Such injuries could cause a loss of function in the hands of 50%|
|Severe (iii) Leg Injuries||£36,790 to £51,460||Extensive scarring and instability of the joints justifies an award within this bracket.|
|Severe (ii) Knee Injuries||£48,920 to £65,440||Movement of the knees may be limited as well as constant pain.|
|Moderate Ankle Injuries||£12,900 to £24,950||There may be difficulty walking on uneven ground or standing for long periods of time.|
|Serious Foot Injuries||£23,460 to £36,790||Pain will be ongoing and there is likely to be prolonged treatment.|
|Fractures of Nose||£9,990 to £21,700||Serious fractures result in difficulty breathing and facial deformity.|
Our advisors can connect you with a solicitor if you have a valid claim. They could give you an estimation of how much your outdoor activity centre injury compensation claims could be worth.
In this section, we discuss how you could fund legal representation when making a claim. Usually, hiring the services of a lawyer will mean that you have to pay upfront solicitor fees and ongoing legal costs. However, this is not the case with a No Win No Fee arrangement, or Conditional Fee Agreement, in place.
Instead, if your claim is successful,your solicitor will take a legally capped percentage of your compensation. If you’re not awarded compensation, there’s nothing to pay your lawyer at all.
Fortunately, our solicitors can offer their services on a No Win No Fee basis, if they think your claim is valid. To find out if you could be represented with this kind of agreement in place, you can speak to our team for a free consultation. You can do so by:
- Calling 0800 073 8801
- Using the live chat feature on your screen
- Making an enquiry on our contact page
Other Related Pages
We are now coming to the end of our guide on how to make outdoor activity centre injury compensation claims. Here are some additional resources you might find useful.
NHS 111 – Get medical help for your symptoms from the NHS.
Royal Society for the Prevention of Accidents– Advice on planning and leading adventurous activities
Licensable activities– A list of the broad groups of activities that licensing can cover provided by the HSE.
If you have found this guide useful, we have included some more of our guides below.
Accident Claims Solicitors – Find accident claims solicitors near you.
Different Types Of Personal Injuries – A guide to what personal injuries you could claim for.
How Do Multiple Injury Claims Work? – If you have sustained multiple personal injuries, find out how to make a valid claim.
Thank you for visiting today to read our guide on how to make outdoor activity centre injury compensation claims.
Guide by LJ
Published by FS