As the school summer holidays are fast approaching, many families will be looking to visit amusement parks around the UK and abroad. These parks are designed to be fun and enjoyable for all visitors but, unfortunately, there is also a risk of serious injury when visiting fairgrounds with high-speed and high-level thrill rides. A recent BBC Panorama investigation has highlighted these risks, along with some concerns about the robustness of pre-use inspections of funfair rides in the UK.
When at an amusement park, visitors put their entire trust in the organiser of the park, the operator of the ride and the design/inspection process of the ride. It is blatantly clear to all visitors at amusement parks that a collision on a high-speed roller-coaster or falling off a fast-spinning ride could cause devastating injuries, or even fatality. Given these high stakes, it is quite rightly expected by the public that these rides will be vigorously tested and inspected prior to use to ensure that there is little to no risk of the rides failing or causing injury.
As His Honour Judge Michael Chambers QC stated in R (HSE) -v- Merlin Attractions Operations Ltd:
“The “thrill of the fair” is a long-established tradition in which members of the public in great numbers, particularly children and young people, enjoy the excitement and illusion of danger. But it should be just that – an illusion. They do not actually expect to be injured.”
How safe are fairgrounds in the UK?
Amusement park injuries can be severe and can cause long-term health conditions. In England, Scotland and Wales there were 3,188 injuries at funfairs between April 2014 and March 2024 (on average 318 per year), but this does include trips and falls. The recent BBC Panorama documentary entitled ‘Funfairs: How Safe Are They?’ tells the story of Jade, who was thrown from the AirMaxx 360 ride at Hull Fair when her seat restraint failed and she slipped out of her seat. It was later discovered that the same ride had caused a fatality of a young child in Australia and was taken out of use there, but was then sold to a UK owner 3 years later.
All rides planned for use in the UK should undergo a thorough inspection to ensure they are completely safe for use. However, the documentary uncovered that the company which carried out the design inspection on the AirMaxx 360 had a history of inspecting rides later involved in accidents and the owner of this company had been criminally prosecuted in relation to these incidents, as well as receiving warnings from the Health and Safety Executive (HSE). Fortunately, this company and its owner have now been suspended from operating as of May 2025.
ADIPS (Amusement Device Inspection Procedures Scheme) is a scheme run by the trade council for the funfair industry and is responsible for approving inspectors to work in the industry. ADIPS should be ensuring that ride inspectors are experienced, competent and taking their duties to ride users very seriously, given the risks involved. ADIPS has now provided a list to the HSE of 87 ride designs inspected by the company which is now suspended but it is not known whether the HSE will action this list. The HSE has advised that it is committed to protecting public safety at funfairs and amusement parks and that it will continue to review how ride inspections are carried out. It is clear from the Panorama programme that this inspection system needs to be more consistent and more rigorously monitored.
What do I do if I’ve been involved in a funfair accident?
Where the rules, regulations or procedures in respect of maintenance, construction, organisation, operation and design of a ride or amusement park have not been followed and injury has occurred as a result, you may be entitled to claim compensation for your injury and any resulting losses.
Some of the most common causes of funfair accidents can include: improper maintenance of a ride, negligence of ride operators, faulty rides, unsafe tracks or electrical failures and collisions.
If you have suffered any injury at an amusement park which was not your fault, you may be eligible to make a claim. Likewise, if your child has suffered an injury, the same applies and the child can pursue their claim by a Litigation Friend, usually a parent or carer. You will need to submit the claim to court within three years from the date of your accident (or within three years of your child’s 18th birthday) so you should seek legal advice as quickly as possible to allow time for investigations. These time limits can vary in certain circumstances.
Injuries you are entitled to claim for can range from minor injuries such as minor fractures, soft tissue injuries and bruises to serious spinal injuries, head injuries, PTSD or the amputation of limbs. Where a loved one has passed away due to a fatal accident occurring within a theme park, you may be able to make a claim on their behalf as long as you are a close family member or dependant of the deceased or the executor of their estate.
What do I need to prove for my claim to be successful?
Duty: That the amusement park itself owed a duty of care to you, meaning they are required to adhere to a standard of reasonable care towards you. This will usually be easy to establish if you are a lawful visitor to the park.
Breach: That the accident was not your fault and was caused by negligence or breach of duty on the part of another, such as the park operator, ride operator or ride inspector.
Causation and injury: That you suffered some physical or mental injury which were caused by the above breach of duty.
Limitation: You must bring your claim within three years of the accident date (in most cases).
Evidence which may assist your claim will include accident report forms, witness statements, receipts for expenses incurred as a result of the accident and photographs of the accident scene and your injuries. Witness statements can be extremely helpful in proving your case, which is why obtaining the details of anyone who may have witnessed your accident, the cause of your accident or the aftermath can be very useful.
What will I be entitled to recover?
If successful in your claim, you will be entitled to both general damages and special damages, which are two separate awards. Read our short blog on what you may be entitled to here: What are special damages and can I claim for them?
How can Stephensons help?
If you have suffered an injury as a result of an accident at an amusement park, it is strongly recommended that you seek medical help immediately, especially if your injury is serious.
Our specialist personal injury team can help you to bring a claim on your behalf and advise you on claiming back your losses. Call our experienced personal injury team today on 0161 696 6235.to discuss if you could be entitled to claim compensation.
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