Man Receives Compensation After Fair Ride Injury
After sustaining injuries on a fairground ride, our client was supported by one of our Solicitors specialising in Personal Injury in making a claim; Carley-Anne Hurley secured a sizeable payment of £1,700.
- The appropriate and necessary safety checks should always be undertaken to keep the public out of harm's way.
- If you are injured due to negligence – that could be health and safety, inspection or maintenance, you could make a claim for compensation.
- Simpson Millar can deal with complex Personal injury cases – even if you aren’t sure if you have a claim.
What Caused The Injury?
Carley's client was having a day out during the festive period – visiting the Winter Wonderland in London's Hyde Park
. Whilst enjoying the festivities, the client decided to have a go on the "Ice Mountain"
ride. It was at this point the festivities turned sour:
- The cart which the client was sitting in came to an abrupt halt, completing the rest of the track very slowly
- Then the cart suddenly stopped again, and began to descend along the track again
- Unexpectedly, the next cart, directly behind, began to descend at speed
- The second cart careened into the client's, colliding and inflicting injuries to the client.
Carley's client sustained soft tissue injuries to his shoulder by being jolted forward after the collision. He had pain which radiated to his left arm and back, with longer term pain.
Carley-Anne comments:"My client suffered an injury through no fault of his own; if he had known that he would end up injured, there is no way he would have got onto a ride – a ride he assumed to be safe, and fit for purpose. It was clear that someone had behaved negligently in this case – my job was finding the person who was to blame for his injuries."
Who Is Responsible?
Carley-Anne's case did face some complexities over who exactly should take responsibility for her client's injuries:
- The Client did not seek any outside medical help (he is a paramedic and "self-managed" his pain) so there were no contemporaneous records to prove that the accident had caused him to sustain injuries
- Medical evidence had to be obtained by way of a medico-legal expert (who assessed that the client had 6 months' worth of sustained injury)
- There were issues surrounding who the correct party should be to take responsibility for the incident – it eventually transpired that the organisers of Winter Wonderland were not to blame, but in fact the ride owner/provider was.
What Does The Law Say?
Carley-Anne argued that the ride owner had been negligent in a number of ways:
- Her client was exposed to a foreseeable risk of injury which was known to be present
- The ride had not been regularly inspected, or maintained, and was left to operate in a dangerous manner
- Under the Management of Health and Safety at Work Regulations 1992, a competent and suitably trained employee should have made a risk assessment – they clearly had neither the person nor the assessment
- Ultimately: the principle Res Ipsa Locquitur applies – this means that the occurrence of this type of accident is sufficient to imply negligence.
Could Simpson Millar Help You With A Personal Injury Claim?
Carley-Anne's success in this case highlights that providers of services (in this case the ride), have a duty of care to their customers – the right level of safety checks should be in place to ensure that no harm is done.
Along with the rest of the Simpson Millar Personal Injury team, Carley-Anne can help you if you need straightforward, jargon-free legal advice from an experienced solicitor with lots of knowledge in personal injury claims
.If you've been injured as a result of someone else being negligent – or suspect this may be the case – we could help you get compensated. All you need to do is contact us today.