I am interested in knowing whether it is possible to claim for an accident in Alton Towers. I recently visited the theme park with a few of my friends, where after a fun first few hours, the day was ruined by a nasty whiplash injury I sustained on one of their rides. Am I eligible to claim for compensation?
It may be possible to claim for an accident in Alton Towers provided someone else was at fault for your injury. If you are to pursue a claim for compensation you must be able to prove that the theme park, whether it was a member of staff supervising the ride, or its management, failed in their duty of care toward one of their patrons.
There is also the possibility that more than one third party – including possibly you – is responsible for your injury. In this case the parties responsible will have to come to an agreement as to who will share what percentage of the blame, and thus who will contribute what to your settlement. More than one party may be responsible if for example, the design of the ride, the conduct of a staff member or irresponsible behaviour on your part all contributed to your whiplash injury – or a combination of any two.
Although it may seem like seeking first aid from a trained member of staff or at a medical area would have been a prudent move, this should not have been done in lieu of receiving proper medical attention – making a visit to the nearest hospital’s Accident and Emergency department is essential to you being allowed to claim for an accident in Alton Towers and to safeguarding your own health. The medical report obtained after your treatment serve as vital evidence of your injury when you pursue a claim.
Making a note of the accident in the theme park’s Accident Report Book will also provide you with documented evidence of your injury – Alton Towers may be obligated to keep one from insurance reasons. As theme park outings are often documented by ride enthusiasts, video or photographic evidence may be available from a fellow rider. CCTV, which is widely used by theme parks for security reasons, may also be available to use as evidence. As you were travelling on a ride with other people, and because it is likely that hundreds or thousands of people used the ride before you, similar incidents may have occurred in the past. If this is the case, statements from those accident victims may serve to bolster your claim.
To find out more about pursuing a claim for an accident in Alton Towers, speak with a solicitor at the first available opportunity, which as mentioned above, can be done by utilising our freephone injury claims advice service.