Theme Park Injury claims

Injuries to Theme Park guests may arise from the action of the other participants, inadequate supervision or management of the activity, defective layout, or defective equipment. Carter Capner Law handles Theme Park Injury claims Australia-wide for serious Theme Park injuries to guests whose only objective was a fun day out.

Do you have a claim?

Check to see if you are entitled to compensation for Theme Park Injury Claims. If you have a question, please get in touch with our team.

Do you have a potential Theme Park Injury claims?

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What do you do if you were injured in an Theme Park accident?

Theme Parks offer one of the most popular recreational weekend and holiday experiences available. However, as with any other recreational activity, there is a risk of patron injury from high patron volumes, queueing, stair climbs, activity design, lapses in supervision and guest throughput rates.

If a recreational injury arises from any of the above or the action of the other participants, defective premises or defective equipment, there may be an entitlement to Theme Park Injury claims damages.

Most theme parks specify contractual liability exclusions as a condition of entry. Your rights to compensation for any resulting injury can be diminished by liability waivers and statutory immunity that usually apply to injuries resulting from “obvious risks” arising from Dangerous Recreational Activities.

The role of an expert Theme Park Injury claims lawyer confronted with a serious theme park accident is to examine all the contributing factors thoroughly and to assess the extent of fair compensation that is properly payable to the injured theme park patron.

Visitors who disregard safety guidelines or operators who fail in their duty of care can both result in injuries at theme parks. You should seek legal advice if you suffered any of the injuries below:

  • Whiplash
  • Back or neck pain
  • fractures and sprains
  • head trauma
  • Excessive flexion or dislocation
  • Drowning

You might be eligible to make a claim for compensation if you were injured at a theme or water park in Brisbane, the Gold Coast, Upper Coomera, or Queensland as a result of reasonably foreseeable risk.

Your rights include the right to choose an injury compensation lawyer with years of knowledge of theme park systems and operations, the mishaps that can occur and get around liability exclusions that theme park businesses and their insurers rely on.

You are entitled to the services of a legal team whose experience with theme park accidents gives them the confidence to take on your claim charging no upfront fees and only getting paid on success.

In Queensland, the Law Reform Act of 1995 and the Civil Responsibility Act of 2003 both permit you to file a public liability claim. Businesses that use public areas typically obtain public liability insurance to cover events like accidents at amusement parks. This indicates that you are filing a claim against the insurer rather than the business directly.

If you had an accident at the theme park, you could file a claim against the insurance. It is sometimes believed incorrectly that if you file a claim, you are bringing a lawsuit against the company. This is inaccurate, and you have every right to file a public responsibility claim if your amusement park accident has caused you to suffer severe financial hardship or other hardships. The Civil Liability Act will be used to decide who is at fault – the person or the company.

Our services extend Australia-wide and cover contested court hearings and the negotiation of out-of-court compensation settlements for all theme park accidents.

Call or email today to get expert advice from the Theme Park Injury claims experts at Carter Capner Law.


Schedule your free initial consultation

At our initial consultation, we can give you more information about the Theme Park Injury claims process and discuss the viability of an insurance or compensation claim. We will also confirm your eligibility for no win no fee terms to pursue your case.


Investigation & gathering evidence

We will investigate and gather evidence while you recover from your Theme Park Injury claims. This includes collecting medical treatment records prior to the accident and subsequent to it.

At the same time, we will also collect employment and income records so that complete before and after pictures can be painted.


Get Independent Medical Specialists' opinions

Once we obtain all relevant medical records, including reports from your treating doctors, we will get an independent medical expert opinion as to the extent of your Theme Park Injury claims.

From those reports, we will formulate how the Theme Park Injury claims have impacted you and your family at work and at home.


Lodge your claim

If the investigation results for your Theme Park Injury claims are satisfactory, we will then lodge your insurance claim where possible and, if the circumstances allow, a compensation claim for the physical and psychological deficits you have sustained as a result of the accident.


Attendance at informal settlement meeting

We will formulate your damages demand if applicable and appoint an out of court meeting to negotiate the resolution of your Theme Park Injury claims settlement.


Claim settlement or court proceedings

Statistically, more than 97% of Theme Park Injury claims are settled out of court. In many cases, the claim is resolved successfully during the informal settlement meeting, and you will receive compensation to which you are entitled.

If your Theme Park Injury claims have not been resolved at this stage, we will file proceedings in court to help you get the compensation to which you are entitled according to law.

I was injured at a theme park. Can I claim for compensation?

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.

What’s my chance of a successful theme park injury claim?

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.

How much compensation will I receive for a theme park injury?

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.

How can I increase my prospects of success?

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.

What kind of evidence do I need to keep and collect?

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.

What are the fees for compensation claim for recreational accidents?

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.

Types of injuries that can occur at a Theme Park.

Theme Park Injury claims may arise from either the action of other participants, inadequate control of the park and rides, defective premises or defective equipment.

Head and brain injury.

Spinal and neck injury.

Soft tissue injury.

Upper and lower limb injury.

Ankle, knee and wrist injury.


Shoulder injuries.

Crush injuries.

Shock, anxiety and depression.

The CCL method

Our compensation lawyers can examine the circumstances of your case to determine whether you have valid legal grounds for filing a recreational injury claim. After your lawyer assesses your prospects for a successful claim, you can start the process:


Assemble the initial information you are able to provide

Proper case preparation demands meticulous attention to detail. That’s why right from the start, we collect all the facts and continuously verify them with you and other sources. Constant updates to your comprehensive statement will ensure everyone – you, us, medical specialists and barristers – stay precisely on the same page.


Prepare initiating Claim Notice.

Once sufficient facts have been collected and the identity of the at-fault party confirmed, and initial Claim Notice can be completed in a way that persuasively asserts the basis and extent of your compensation request.


Keep collecting the facts.

Diligent claim preparation requires a comprehensive understanding of your medical income and employment histories. We will obtain records from accident related treatment provided as well as from health professionals who have treated you for any prior conditions. Employment and income records asked also be collected and diligently examined .


Medical investigation of injury.

The extent of accident related injury must be independently verified by medical experts. Because compensation is paid for the permanent effects from an injury, specialist medical assessment is deferred until 9 – 12 months post injury. We’ll arrange examinations with appropriate specialists and the insurer of the at-fault party is entitled also to have you examined by its specialists.



Once all information has been collected and medical specialist reports obtained, we will carefully formulate the “damages” components of your claim demand. The CCL Method requires that every component – general damages, lost wages, expenses you have incurred, the value of past and future domestic care and the value of loss of future earning capacity – is based on authoritative evidence.



After the insurer has considered your damages ask, a settlement conference is arranged to attempt to negotiate a resolution. Although informal, the success of the conference depends on the extent of preparation that has gone before it. Offers will be exchanged and if the insurer is being reasonable, the conference offers a good opportunity to finalise the claim.


Settlement not reached: heading to court

If you are unable to reach an agreement within 60 days after the conference, a Claim and Statement of Claim must be filed in court in relation to your accident. The defendant may then file a Defence and the court process then continues until the dispute is listed for a trial where witnesses are called to give oral evidence and a judge makes a final determination.

What expenses does Carter Capner Law cover for you under its Theme Park accident compensation No-win No-fee terms?

Carter Capner Law's No-Win No-Fee terms affords fairness to those seeking compensation for personal injury including loss of income and future loss of income earning capacity. No-Win No-Fee - sometimes called "no-win, no-charge" and "no-win no-pay," allows legal representation to a level equivalent to that of the insurance company that will be resisting your payout. Essentially No-Win No-Fee terms provide that fees and case expenses are only payable when the claim is finalised and only if it is successful.

  • Court Filing Fees

  • Medical specialist consultation & report fees

  • Medical records collection fees

  • Expert report fees

  • Claim investigation

  • Barristers

    We will secure the services of a barrister who will also offer No-Win No-Fee terms

  • Document production

  • Police Report Fees

  • Government agency search fees

  • Freight & courier

  • Office charges

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