If you have been injured at a funfair and somebody else was at fault, you may have grounds to make a fairground accident compensation claim.
We are a trusted claims management company helping people make personal injury claims for over 15 years.
Fairground Accident Claims
Fairgrounds are a beloved attraction for children and adults alike. However, when adequate safety measures are not in place, accidents can happen. If you or a loved one were injured at a fairground due to negligence, you may be able to make a fairground accident claim.
Fairground accidents include slips, trips and falls, being hit by falling objects, food poisoning and even falls from rides. These can cause injuries ranging from minor cuts and lacerations to severe fractures and head trauma, with life-altering consequences.
If you suffered a fairground injury, our team of solicitors are here to help you get the compensation you deserve. They offer a free consultation and a no win no fee service if you can proceed with a claim.
To get started, call 0800 470 0472 today or use our online contact form to request a call back.
Table of Contents
What duty of care do fairground operators owe visitors?
Under the Occupiers’ Liability Act 1957, fairground owners and operators have a legal duty towards all members of the public on their premises, which includes:
- Conduct regular risk assessments and safety tests to identify potential hazards.
- Implement regular inspections and maintenance of equipment and machinery.
- Ensure rides are operated by trained and competent staff.
- Provide clear warnings and instructions regarding ride restrictions and potential hazards.
- Comply with hygiene and safety regulations when serving food and drinks.
- Have proper procedures in place for dealing with emergencies.
- Take extra precautions to ensure the safety of children, who are typically less careful.
Am I eligible to make a fairground accident claim?
If you had an accident at a fairground, you can typically start a personal injury claim if the following can be established:
- The fairground operator or a third party owed you a legal duty of care.
- They breached this duty through a negligent action or inaction.
- Their negligence led to your accident.
- You suffered injuries and damages as a result.
- You are within the legal time limit for starting a claim (which is typically three years).
A personal injury lawyer can quickly assess your eligibility during a free consultation over the phone.
What should I do if I’m involved in a fairground accident?
If you are involved in a fairground or funfair accident, there are a few steps you should take to protect your health and strengthen a future claim:
- Seek immediate medical help, even if your injuries seem minor.
- Report the accident to the fairground staff and make sure it is recorded in their accident book.
- Collect as much evidence as possible, such as photos of the accident scene and contact information from witnesses.
- Keep records of related financial losses and expenses.
- Do not accept blame or any offers of compensation from the fairground operator.
- Speak to a solicitor who specialises in fairground and amusement park accidents.
How do I make a fairground accident claim?
A fairground or theme park accident claim will typically involve the following steps:
- A free initial consultation with a solicitor to assess the merits of your case.
- Gather evidence to build a strong claim and establish liability.
- An independent medical assessment to get a detailed report of your injuries and their long-term effects.
- Calculate the compensation award you are entitled to receive.
- Send a letter of claim to the defendant and wait for their response.
- Negotiate a settlement if liability is admitted, or issue court proceedings if not.
- Get your compensation payment if you win the case.
What evidence do I need for a fairground injury claim?
To make a successful personal injury claim and secure compensation for your injuries, you must be able to prove the negligence and the harm you suffered. The types of proof you could use include:
- Photographs or videos of the accident scene and your injuries.
- CCTV footage, if available.
- Statements from witnesses who saw what happened or were aware of unsafe conditions.
- A copy of an accident report filed with the fairground operator.
- Medical records and expert reports detailing the injuries you suffered and your long-term needs.
- Your account of the events, pain levels and the impact on your life and daily activities.
- Proof of financial losses and expenses, such as receipts and invoices.
How common are fairground accidents?
Unfortunately, accidents can and do sometimes occur at fairgrounds, particularly when safety measures are not adequately followed.
Between 2015 and 2018, 1,245 injuries to members of the public at fairgrounds were reported to the Health and Safety Executive (HSE) and 171 injuries to employees.
The actual number of accidents is likely much higher, as not all injuries that could lead to a compensation claim must be reported to the HSE.
What accidents could happen at a fairground?
When adequate safety measures are not in place, various accidents can happen at fairgrounds, such as:
- Slips, trips and falls on uneven or wet surfaces.
- Falls from unsafe rides or platforms.
- Fairground ride accidents that are caused by malfunctions or a lack of maintenance.
- Collisions with others or with objects.
- Falls from heights due to restraint failures or mechanical failures.
- Being hit by objects falling from rides or structures.
- Getting trapped or squeezed between moving parts, barriers or in overcrowded areas.
- Food and drink incidents caused by inadequate handling or poor hygiene.
- Fires or electrocution due to faulty electrical systems or a lack of safety measures.
- Injuries caused by damaged vehicles or seats.
If you suffered an injury due to an accident caused by a third party’s negligence, you may be eligible to make a public liability compensation claim.
Examples of fairground operator negligence
Various types of negligence could lead to a fairground accident and a subsequent claim, including:
- Failing to inspect or maintain rides properly.
- Poor staff training or supervision.
- Failing to erect the rides correctly or conduct safety tests.
- Not providing adequate warnings or safety instructions.
- Allowing people who do not meet or exceed height or weight restrictions on a ride.
- Poor crowd management or emergency procedures.
- Ignoring weather conditions that can affect the safety of rides.
- Failing to ensure all safety restraints are correctly engaged before a ride begins.
- Not keeping the grounds free of slip, trip and fall hazards, such as spills and poor lighting.
What injuries could lead to a fairground compensation claim?
You could claim compensation for any injuries suffered at a fairground because of someone else’s negligence, including:
- Soft tissue injuries, such as whiplash, sprains and strains.
- Cuts and lacerations, some of which may cause permanent scarring.
- Broken bones, which can affect any part of the body, depending on the accident.
- Head injuries ranging from minor bumps and concussions to severe brain trauma.
- Back injuries, including spinal cord injuries that can cause severe consequences.
- Crush injuries, some of which may even lead to amputations.
- Food poisoning and allergic reactions to food and drinks.
- Burn injuries from fires or faulty electrical equipment.
- Dental injuries, such as chipped, broken or lost teeth.
- Psychological damage, such as PTSD or anxiety, from a traumatic accident.
Can I make a claim on behalf of my child?
Yes. If your child has been injured in a fairground accident, you might be able to make a claim on their behalf as a litigation friend.
The claims process is similar to any other personal injury case. If you win compensation, this will be kept in a court bank account and released to the child on their 18th birthday. Alternatively, you could set up a personal injury trust in their name.
To find out more about how you can make a claim for compensation on behalf of your child, do not hesitate to get in touch with a specialist no win no fee solicitor. You can do this by calling free on 0800 470 0472 or using our online contact form.
Can I claim for an injury as a fairground employee?
If you work at a fairground, your employer has a legal duty of care towards you under the Health and Safety at Work Act 1974 and must take reasonable measures to keep you safe from injuries.
If you were injured while doing your job due to poor training, unsafe equipment or a lack of safety measures, you may have the right to seek compensation.
Your employer should not sack you or penalise you if you make a legitimate accident at work claim. Moreover, they are legally required to hold Employer’s Liability insurance, so they will not be left out of pocket if you are awarded compensation.
How much compensation could I be awarded for a fairground injury?
Your personal injury solicitor will calculate the amount of compensation you are entitled to receive based on two types of damages:
- General damages cover your pain, suffering and impact on your well-being and daily life (loss of amenity).
- Special damages are awarded for financial losses and expenses incurred because of the accident, such as private treatments, rehabilitation costs, loss of earnings and care costs.
Based on the 18th Edition of the Judicial College Guidelines and your specific circumstances, you could receive anywhere from a few hundred pounds for minor whiplash to £373,000 - £534,000 for a very severe brain injury.
What is the time limit to claim compensation for fairground accidents?
You typically have three years to claim personal injury compensation if you were injured in a fairground accident. There are a few exceptions:
- For children, the three-year time limit begins on their 18th birthday.
- If the claimant lacks mental capacity, a litigation friend could represent them at any time.
- Fatal fairground accidents have a three-year time limit starting from the date of death.
Will my solicitor handle my claim on a No Win No Fee basis?
If you can make a personal injury claim for a fairground accident, your solicitor will happily offer you a no win no fee agreement. This means that:
- You pay nothing upfront.
- You won’t have to pay anything if you lose the claim.
- If your claim is successful, your solicitor will deduct a percentage of certain parts of your compensation as their success fee (capped at 25%).
How long will my claim take to settle?
Claiming compensation for a fairground accident can take anywhere from a few months to several years, depending on several factors:
- The type and severity of your injuries.
- Whether the defendant admits liability and how quickly they admit it.
- The complexity of the case and legal matters.
- Whether you must proceed to a court trial.
Your solicitor will aim to secure the maximum compensation amount on your behalf, in the shortest time possible. If needed, they will also apply for interim payments on your behalf.
To find out if you have a valid fairground accident compensation claim, please contact us today on 0800 470 0472 or request a call back. You will receive a free consultation and legal advice, with no obligations attached.
