With the summer holidays underway, many families will be enjoying days out with their children at festivals, fairgrounds and funfairs. Parents are often unaware that their children may be in danger while enjoying themselves at these events, but accidents do occur, as the case study below shows. Site owners, event organisers and contractors owe a duty of care to people visiting the premises under the Occupiers Liability Act 1957, and must make every effort to ensure they are safe during their stay and while using the facilities.
Poor Maintenance and Defective Installations
Many accidents at outdoor events of this kind are the result of the poor maintenance of installations or human error. Malfunctions can result in rides stopping midway through, potentially leaving people suspended. Installations like bouncy castles and slides may become detached causing children to fall off them. Other defects include belts and straps which are poorly maintained. Owners, organisers and staff are obliged to properly inform their visitors how to safely use rides and other installations, and warn them of potential dangers. They must also properly supervise the activities and attractions they offer.
Site Safety, Inspection and Cleaning
Owners and organisers are responsible for the state of the ground where the event is held, and must take the necessary measures to ensure that it is kept free from defects and hazards which could cause an accident. These include potholes, uneven surfaces, broken glass, hidden power cables, spilled food and drink, and objects falling from height. A proper system of inspection and cleaning is necessary to ensure that hazards are identified and dealt with before they can pose a risk to the health and safety of visitors. Objects falling from height may also cause injuries, such as display signs, fencing, and objects falling from rides and other installations.
Claim for Accidents at Festivals, Fairgrounds and Funfairs
Depending on the circumstances, when a person is injured at a festival, fairground or funfair through no fault of their own they may be able to bring a compensation claim against the relevant organiser, operator, controller, contractor or inspection body. If you or your child has been injured in this manner, contact our specialist lawyers today for free and confidential advice about how to claim compensation.
Case Study: Compensation for Injury on Funfair Ride
Ms F was injured at a funfair that she was attending when a safety harness she was wearing suddenly came loose from its bracket and she fell roughly ten feet from a ride, landing heavily on the tarmac below. Emergency services were quick to arrive on the scene, and Ms F was taken to hospital where she was kept overnight for observation and discharged the following day. The ride in question was immediately closed to the public while inspections were carried out, and eventually reopened after extensive maintenance work. Ms F was fortunate to sustain nothing more serious than concussion, bruising and a badly sprained wrist in the accident, but was also shocked and traumatised by her ordeal, and decided to seek legal advice after the fairground ride’s operator failed to accept responsibility or offer any form of compensation.
Ms F contacted Bartletts Solicitors having read about our experience in this area of law, and our firm went on to represent her in a no win no fee claim against the funfair’s operator. The latter party initially denied liability for the accident, arguing that Ms F had been responsible by loosening the safety harness herself. We subsequently requested and received the maintenance log for the ride, and this record showed that the attraction had not been inspected by technical experts for more than a year. This meant that the operator had breached health and safety law by failing to follow normal inspection and maintenance procedures. We contested that this represented negligence, and was the primary cause of the accident and our client’s injuries. Partial liability was eventually acknowledged by the relevant insurers, and Ms F received £4,250 in compensation.
Make a free compensation enquiry today
For specialist advice on your personal injury claim, call us now on Liverpool 0151 227 3391 or Chester 01244 645830 or Wrexham 01978 360056 or complete a Free Online Enquiry and we will soon be in touch.
