For Theme Park Injury claims sustained at a theme park, we will need to prove that the operator was negligent and verify that your injury meets the relevant threshold to warrant compensation.

We must also qualify you to escape “dangerous recreational activity” liability protections that the theme park operator might try to invoke.

If you are injured at a theme park:

• Report the accident as well as your injury to a staff member immediately. Make sure that you make a list of all the relevant details in a notepad immediately so you don’t forget any crucial details later on.
• Take pictures, if possible, of your injuries, the cause of your injuries, and or the scene of the accident.
• Record the details of any of the witnesses to the accident.
• Seek appropriate medical attention for your injuries. If the injury is serious, it is crucial that you see a medical professional as soon as possible in order to assess and report the injuries for evidence.
• Keep all receipts of any medical or out-of-expenses that relate to the accident.

If you are unsure where to start, contact our expert recreational lawyers, who will give you Theme Park Injury claims advice.

Every situation is different. In Theme Park Injury claims, your expert recreational injury lawyer needs to consider carefully:

• how the accident occurred;
• whether any element of the design or construction fell below reasonably acceptable standards;
• how and when the owner or property manager was made aware of the defect;
• whether there had been a reasonable period of time within which the defect or to have been rectified; and many other things.

It all depends on the quality of your evidence, your lawyer’s investigation of the circumstances and the income loss case you make out.

If someone whose injury has had a significant effect on their quality of life (work, psychological, physical) is entitled to greater compensation than someone whose injury has had a minor impact on their lives.

As is the case in other situations, the right to claim damages for injury depends on the circumstances, and the basic five elements must be proved:-

• extent of duty owed;
• breach of duty;
• pre-existing health prior to the accident;
• pre-accident lifestyle;
• injury complained of has been caused by that breach.

The amount of compensation for Theme Park Injury claims also is determined by:

• General damages (loss of enjoyment in life due to suffering);
• Out-of-pocket expenses (medical bills, rehabilitation costs);
• Any loss of income and superannuation contributions;
• Potential medical or personal care costs that is likely to occur due to the injury; and
• The interest from the loss of earnings.

It is crucial that you:

• Report the accident as well as your injury to the proper authorities immediately. Make sure that you make a list of all the relevant details immediately, so you don’t forget any crucial details later on.
• Take pictures, if possible, of your injuries, the cause of your injuries, and or the scene of the accident.
• Record the details of any of the witnesses to the accident.
• Seek appropriate medical attention for your injuries. If the injury is serious, it is crucial that you see a medical professional as soon as possible in order to assess and report the injuries for evidence.
• Keep all receipts of any medical or out-of-expenses that relate to the accident.

Engaging an experienced public liability lawyer who specialises in Theme Park Injury claims can make the process easier, more efficient and more likely successful for you.

It is important to attempt the following in order to help our public liability lawyers with the Theme Park Injury Claims:

• Make notes of everything you remember that is related to the accident.
• Keep a list of the witnesses’ names and addresses.
• Record and photograph the scene of your injury. “A picture is worth a thousand words.” Sketches are also beneficial.
• Take pictures and videos of any machinery, tools, or other objects that caused you harm.
• Take pictures of your wounds.
• Keep any damaged products that were faulty.
• Records of your job absences due to the injury should be kept.
• Make a list of all therapy and follow-up appointments with physicians, physiotherapists, chiropractors, and other professionals.
• Keep all receipts and invoices for medical, pharmacy, and other costs.
• Keep a record of the help that friends and family members offer.
• Gather contract documentation.
• Gather evidence of your diminished earning potential, such as pay stubs, group certificates, income tax returns (for the six years before the injury and the following year), references, and resumes.

It is essential to always speak to an expert compensation lawyer about your Theme Park Injury claims. Your financial position should not prevent you from seeking legal advice in regard to the injury you suffered that you are ‘not-at-fault’ for.

Medical bills and taking time off work or even worse, potentially not being able to return to work can be costly. Carter Capner Law offers a ‘no win no fee’ service in many cases.