How To Sue A Theme Park

Have you sustained an injury due to another party’s negligence? If so, this article on how to sue a theme park could help. In this guide, we will show examples of amusement park accidents resulting from someone breaching the duty of care they owed you.

how to sue a theme park
A guide on how to sue a theme park

We will also explain what compensation you may be eligible to receive, how it’s calculated and the evidence you may need to support your case.

Additionally, this guide will provide information on hiring a solicitor to represent you on a No Win No Fee basis. 

For more information, you can contact our advisors for free legal advice. They may pass you to our panel of expert solicitors to help you begin your claim, provided it’s valid and has a strong chance of success. Get in touch by:

  • Calling 0800 408 7827 
  • Filling out our online contact form with your query
  • Using the live chat feature below

Choose A Section

  1. How To Sue A Theme Park For Personal Injury
  2. Examples Of Accidents In An Amusement Park
  3. How To Sue A Theme Park For An Allergic Reaction
  4. How Much Compensation Could I Get After A Slip Or Trip In An Amusement Park?
  5. Where Can I Find The Best No Win No Fee Lawyers?
  6. Learn More About How To Sue A Theme Park

How To Sue A Theme Park For Personal Injury

In order to understand how to sue a theme park, you first need to know that public liability claims follow a similar process to personal injury claims. As such, you must be able to prove that:

  • Someone owed you a duty of care
  • They breached the duty of care they owed you
  • You were caused physical or psychological harm as a result.

The Occupiers’ Liability Act 1957 states that the person in control of a public place, such as a theme park, has a duty of care. A duty of care is a responsibility to take reasonable steps to ensure that visitors and users of the space are kept safe from harm. A part of this duty could involve making sure that spills are either properly cleaned up or signposted to prevent slips, trips and falls.

If you have sustained an injury due to the occupier breaching their duty of care, then you may be able to make a claim. Contact our advisors today to find out how to sue a theme park today.

Examples Of Accidents In An Amusement Park

There are various different accidents that can happen in an amusement park as a result of someone else’s negligence. Examples include:

  • Slip or trip accident – Accidents involving slips, trips and falls are quite common. According to the Health and Safety Executive (HSE), on average they cause over a third of all major injuries. For example, someone may have failed to properly signpost a spill on the floor of the amusement park gift shop. As a result, you may have sustained a broken ankle.
  • Falling objects – You may have experienced a severe concussion  due to a small piece of machinery falling from a height. This may have resulted from the person in control of the theme park failing to carry out regular risk assessments to address any hazards posing a risk. 
  • Faulty machinery– You may have experienced a soft tissue injury to your neck and shoulder due to faulty machinery that hadn’t been regularly inspected.

If you have experienced a similar form of negligence, call us to find out whether you’re eligible to sue a theme park.

How To Sue A Theme Park For An Allergic Reaction

There are certain instances where you may be able to sue a theme park for an allergic reaction. Restaurants must ensure they provide allergen information. This could be in the form of a written allergen information guide to their menu, allergens listed on directly on their menu or information on how to access information on the allergens in their food. 

However, in some cases, they may fail to do so. For example:

  • You may have asked for allergen information about a specific item on the menu but were given the wrong information by your server. As a result, you may have experienced a severe allergic reaction to peanuts. 
  • You may have informed your server of an allergy who failed to pass the information on to the kitchen. As a result, you may have experienced a severe allergic reaction to sesame. 

It’s important to note that not all instances of an allergic reaction experienced in an amusement park restaurant will result in claims. For example, you would not be able to sue if you did not disclose your allergy status beforehand as no negligence has occurred.  

To find out more about how to sue a restaurant in a theme park for an allergic reaction, get in touch with our advisors today.

How Much Compensation Could I Get After A Slip Or Trip In An Amusement Park?

Each successful personal injury claim after you sue a theme park may comprise general damages and special damages. The two heads of claim each compensate for the different ways in which your injury has affected you. For instance:

  • General damages seek to compensate for the pain and suffering caused by your injury. They take into account both physical and psychological harm.
  • Special damages seek to compensate for the financial losses you have incurred as a result of your injury. This could include loss of earnings if you have been unable to work while recovering from your injury.

The amount of compensation you will receive under general damages is dependent on the type as well as the severity of your injury. Various other factors are also considered such as how long you have been impacted and to what extent your quality of life has been impacted.

In order to accurately value this head of claim, solicitors may use the Judicial College Guidelines (JCG) alongside medical evidence to help them. The guidelines set out bracket compensation amounts that correspond to different injuries at varying levels of severity. Please see the below table for examples of these amounts. You should only use these as a guide though because each claim is assessed based on it’s own unique circumstances. 

InjuryCompensationNotes
(a) Very severe brain damage£282,010 to £403,990Several factors are considered when determining the award, such as life expectancy and the impact on the person physically.
Digestive system (b) Illness/damage resulting from non-traumatic injury, e.g. food poisoning (i)£38,430 to
£52,500
The person will experience toxicosis of a severe nature causing serious pain, vomiting and other issues.
(a) Severe psychiatric damage£54,830 to £115,730The person will have a poor prognosis and significant problems with various areas of their life.
(c) Moderate post-traumatic stress disorder£8,180 to £23,150The person will have mostly recovered.
Chest injuries (c)£31,310 to £54,830Chest and lung damage that causes an ongoing disability.
(b) Severe leg injuries (ii) Very serious£54,830 to £87,890Injuries in this bracket might include those that cause a permanent issue with mobility.
(b) Severe leg injuries (iii) Serious£39,200 to £54,830Injuries in this bracket might include compound or comminuted fractures that are serious in nature.
Moderate ankle injuries (c)£13,740 to £26,590Injuries in this bracket might include tears to the ligaments that cause less serious disabilities.
Minor Achilles tendon injuries (d)£7,270 to £12,590
Tendon damage caused by the ankle turning over.
Moderate foot injury (f)£13,740 to £24,990Injuries in this bracket might include metatarsal fractures that are simple and ruptured ligaments.

Special damages may also be included in your settlement. Examples of these include:

  • Loss of earnings and future income 
  • Travel expenses for medical appointments
  • Medical expenses
  • Home adaptations

Contact our advisors today for more information on what compensation you could claim.

Where Can I Find The Very Best No Win No Fee Lawyers?

We understand you may wish to hire a solicitor but may be apprehensive about the costs often associated with their services. However, you could hire a solicitor who offers No Win No Fee services instead. As such, they could represent your claim under a Conditional Fee Agreement (CFA). A CFA comes with its own benefits as you do not pay any immediate costs and if your claim fails you don’t have to pay a success fee.

For successful claims, you will need to pay a success fee from your compensation. This is legally capped, however, and will be explained in more detail before you proceed with your claim in this way.

The solicitors on our panel could offer to represent your claim on this basis. They have experience handling public liability claims and could help you gather evidence needed to support your claim.

If your case has a strong chance of success and meets the relevant criteria, one of our advisors could appoint a solicitor from our panel to begin working on your case.

For more information on using a solicitor to sue a theme park, use the details below to get in touch.

Speak To Us About How To Sue An Amusement Park

Our advisors are available to provide free legal advice and answer any questions you may have regarding your potential claim.You can get in touch by:

  • Calling 0800 408 7827 
  • Filling out our online contact form with your query
  • Using the live chat feature below

Learn More About How To Sue A Theme Park

For more helpful information please use the resources below.

Contact our advisors for more information on how to sue a theme park using the number at the top of the page.