Following a flurry of news reports involving individuals who have been injured at fairgrounds, this article discusses the obligations of theme park, funfair and fairground attractions and how we can help should an injury occur.
A family day out at an attraction park is usually a fun-filled day of excitement and laughter or nerves for those who aren’t thrill-seekers. No-one expects to come away injured, but sadly, this has happened and continues to happen.
Attraction parks have strict safety procedures which require them to carry out maintenance even during peak times. This includes safety inspections of public areas and walkways to ensure that they are safe and do not contain any hazards or defects. It also includes general ride maintenance. Any faults not acted upon could pose a safety risk to visitors and could have very serious consequences. This maintenance work is therefore vital and safety guidelines must be followed.
Under the Occupiers’ Liability Act 1957, the occupier, or those in control of the premises, has a duty of care to take reasonable steps to ensure visitors are kept safe for the purposes of their visit.
Putting this into context, any theme park, funfair or fairground, must have a system in place whereby regular inspections are carried out to identify potential risks and hazards. If any safety concerns are raised or if any risks or hazards are identified, it is then incumbent to act upon those inspections and carry out any necessary maintenance.
Unfortunately, there are occasions when these standards are not met, and it can have very serious consequences.
I acted for a child who went on a log flume at the pier. On the final descent at its maximum speed, the child was flung forward inside the cart and her leg came into contact with an exposed bolt. This resulted in a deep laceration wound extending from her thigh to her knee.
As a result, the Claimant sustained a partial thickness laceration with hypertrophic scarring. The vertical scar measured 7cm in length by up to 9mm in width.
The Defendant had a duty of care to carry out regular inspections and maintenance of the log flume. Had an adequate inspection of the cart been carried out which should have identified the exposed bolt and the risk it created, steps could have been taken to either cover the bolt with a safety cap, or completely remove the cart from operation.
A personal injury claim was brought under the relevant provisions of the Occupiers’ Liability Act 1957 and following an investigation led by HSE, the Defendant accepted that they had failed in their duty of care and liability was admitted.
Due to the extent of the scarring, the Claimant underwent a medical examination with a Plastic Surgeon for the purposes of her claim. Various treatment options were considered to improve the appearance of the scarring.
Understandably, the Claimant wanted to focus on her schoolwork and did not wish to have any cosmetic surgery until she was older. A provision was therefore made to include the cost of treatment should she decide to have at a later date.
Due to the Claimant’s age at the time the settlement award was agreed, the compensation award had to be approved by the Court. Following a short Infant Approval Hearing at the Claimant’s local County Court, a settlement award of £10,625.00 was approved by a Judge.
The compensation award will sit in the Court Special Account and will be released to the Claimant once she is 18 years of age.