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Recreational injury · Theme parks

Injured on a ride, in a queue or at a Queensland theme park?

A theme park must take reasonable care with its rides, queues and grounds, and train the people who run them. A waiver or an “at your own risk” sign doesn’t automatically end a claim. Claims start with a notice of claim, and strict time limits apply.

Start your case review 1300 529 529
  • No-obligation first consultation
  • No win, no fee*
  • We set out our costs in writing at the start.

The risk you took on, and the risk they created.

  • The speed and drops of the ride you chose
  • Bumps on the dodgems
  • A restraint that wasn’t locked
  • A ride run outside its settings
  • Worn or poorly kept parts

A risk created by a failure to properly operate, maintain or care for equipment or an animal usually isn’t an obvious risk. (Civil Liability Act 2003 (Qld) s 13(5))

Time limits

Time limits can start on the day you’re hurt.

Most recreational injury claims start with a notice of claim. These are the deadlines, in order.

  1. 9months

    Notice of claim, or sooner

    Give Part 1 of a notice of claim within 9 months of the injury (or of first symptoms, if later), or 1 month after you first ask a lawyer to act for you and the party responsible is identified, whichever comes first. (PIPA s 9(3)) A late notice can still be given, but you must also give a reasonable excuse for the delay. (s 9(5))

  2. 1month

    Their first reply

    Within 1 month, they must say whether they’re the right party and whether your notice complies. (ss 10, 12)

  3. 6months

    Liability decision

    Within 6 months of a complying notice, they must say in writing whether they admit liability. (s 20)

  4. 3years

    Court action

    Generally within 3 years of the injury. (Limitation of Actions Act 1974 (Qld) s 11) For a child’s negligence claim, generally within 3 years after they turn 18. (s 29) Claims against a product maker, and some flight claims, have different limits that can run out sooner.

  • If it happened to a child

    A parent can give the notice of claim for a child. (PIPA s 9) A negligence claim can generally go to court up to 3 years after the child turns 18. Claims against a product maker, or for a flight, can have shorter limits that run during childhood, and the notice has the usual deadline.

  • Hurt by a faulty ride or part?

    A claim against the ride’s maker or importer for a safety defect has its own time limits, which can end sooner than the usual ones. For a ride supplied many years ago, that claim may already be out of time, though other claims may still be open. (Australian Consumer Law s 143)

The obvious-risk defence

Three questions decide it.

For a dangerous recreational activity, there’s no claim in negligence for an injury from one of its obvious risks. (Civil Liability Act 2003 (Qld) s 19) Many injuries come from risks that aren’t obvious.

  1. Question 1

    Was it a dangerous recreational activity?

    An activity done for enjoyment, relaxation or leisure that involves a significant degree of risk of physical harm. A gentle ride or a beginners’ trail may not be one. (Civil Liability Act 2003 (Qld) s 18)

    If not, the defence doesn’t apply

  2. Question 2

    Was the risk obvious?

    One that would have been obvious to a reasonable person in your position. It can be obvious even if it couldn’t be seen. A risk created by poor operation or maintenance usually isn’t. (s 13)

    If not, the defence doesn’t apply

  3. Question 3

    Were you the one doing it?

    The defence only applies to the person doing the activity, not to spectators or bystanders. (s 19)

    If not, the defence doesn’t apply

All three must be true for the defence to apply. Even then, it only covers that obvious risk.

There’s also no liability for an inherent risk, one that can’t be avoided even with reasonable care. (Civil Liability Act 2003 (Qld) s 16) A failure to warn about it can still be a claim, but not usually if the risk was obvious. (s 15) Otherwise, a claim turns on whether reasonable care was taken, and whether that caused the injury.

“At your own risk” isn’t the last word.

Waivers and signs

Signed a waiver? It may not end your claim.

Queensland has no special law, like New South Wales has, that gives recreational waivers extra force. Whether a waiver stops a claim depends on whether it was part of your contract, what it clearly covers, who signed it, and consumer law.

  1. It has to be part of the deal

    Terms first shown after you booked and paid, like a form signed on arrival, may not form part of your contract.

  2. It’s read strictly

    If a waiver’s meaning is unclear, it’s read against the business relying on it.

  3. Some things can’t be signed away

    Consumer guarantees, like the guarantee that a service is provided with due care and skill, generally can’t be signed away. (Australian Consumer Law s 64) For recreational services, a waiver can limit them for personal injury, but never for a significant injury caused by reckless conduct. (Competition and Consumer Act 2010 (Cth) s 139A)

  4. A child’s claim is their own

    A parent’s signature generally can’t sign away a child’s own claim.

How it happens

How people get hurt at theme parks.

A ride being thrilling doesn’t make every injury an obvious risk. A risk created by poor maintenance or operation usually isn’t one. (Civil Liability Act 2003 (Qld) s 13(5))

  1. A restraint that fails or isn’t checked

    Lap bars, harnesses and belts that open, or aren’t locked before the ride starts.

  2. A sudden stop or jolt

    Emergency stops, collisions between cars and rides run outside their settings.

  3. Water slides and pools

    Collisions at the bottom, poor spacing between riders and too few lifeguards.

  4. Queues, paths and wet areas

    Slippery surfaces, broken railings and crowding in queue lines.

  5. Height and health checks skipped

    Riders let on who are too short, or without the warnings the ride needs.

Who may be responsible

Who looks after what at a theme park.

More than one party may be responsible. A claim can be made against each.

  • The park operator

    Rides, queues, paths and supervision, and training the staff who run each ride. Most rides need a detailed inspection every year, and the park must keep a log book for each one. (Work Health and Safety Regulation 2011 (Qld))

    Ask for: Incident reports, CCTV and the ride’s log book

  • The ride’s maker or importer

    A ride or part with a safety defect. You don’t have to prove the maker was careless, but you do have to prove the defect caused the injury. An importer counts as the maker if the maker has no place of business in Australia. (Australian Consumer Law ss 7, 138)

    Ask for: The ride’s make, model and any recall

  • A maintenance contractor

    Inspecting, servicing and repairing rides.

    Ask for: Inspection and maintenance records

Straight after

Four things to do now.

  1. Step 1

    Report it before you leave

    Ask staff for an incident report, and note the ride, the time and their names.

  2. Step 2

    Photograph everything

    The ride, the restraint, the surface and your injuries. Keep your ticket or booking.

  3. Step 3

    Ask for the footage early

    CCTV is often recorded over. Ask the park in writing to keep it.

  4. Step 4

    See a doctor

    Get treatment, and keep referrals and receipts. Treatment costs may be claimable.

Compensation

What you can claim.

  • Pain and sufferingSet on the Injury Scale Value, from 0 to 100. (Civil Liability Act 2003 (Qld) s 61)
  • Past and future lost earningsWages and super you’ve lost, and what the injury will cost you in future.
  • Treatment costsMedical, hospital and rehabilitation costs, past and future.
  • Care from familyIf the care is needed because of the injury and given for at least 6 hours a week for at least 6 months. (s 59)
  • Paid care and aidsHelp at home, equipment and changes you need because of the injury.
  • Travel and other costsGetting to appointments, and other out-of-pocket costs.

Your own share of responsibility can reduce damages. (ss 23, 24) Medicare and Centrelink may need to be repaid from a settlement.

How a claim runs

From the first call to court, if it’s needed.

  1. No-obligation first consultation

    We look at what happened, who may be responsible, and your time limits.

  2. Notice of claim

    Part 1 of the notice goes to the operator or the party responsible, within the time limit.

  3. Their response

    They must reply within 1 month, and say within 6 months whether they admit liability. (PIPA ss 10, 12, 20)

  4. Evidence and reports

    Records, footage, witness statements, and medical and expert reports.

  5. Conference and offers

    A compulsory conference, then written final offers if it doesn’t settle. (PIPA ss 36, 39)

  6. Court, if needed

    If the claim hasn’t resolved, proceedings start within the time limit.

Costs

What it costs you.

No win, no fee*

If your claim doesn’t succeed, you pay no professional fees for our work. You may still have to pay outlays, such as report and court fees, if your costs agreement says so. If a court case is lost or withdrawn, or you don’t do better than an offer the other side made, you may have to pay the other side’s legal costs. We explain this in writing before you sign.

  • No-obligation first consultation

    You decide whether to go ahead once you know your options and the likely costs.

  • Everything in writing

    Fees and outlays are set out in a costs agreement before we start.

  • Capped at 50%

    Our professional fees are capped at 50% of what you recover, after refunds and outlays. (Legal Profession Act 2007 (Qld) s 347)

Questions

Questions people ask.

Possibly. A waiver must be part of your contract and must clearly cover what happened. Terms first shown after you booked may not count. A waiver also can’t exclude the guarantee of due care and skill for a significant injury caused by reckless conduct. (Competition and Consumer Act 2010 (Cth) s 139A)

Hurt somewhere else?

Hurt at a theme park?

Your first consultation covers which notice applies, your time limits, and what to keep. There’s no obligation to go ahead.

Start your case review 1300 529 529

No win, no fee*: if your claim doesn’t succeed, you pay no professional fees for our work. You may still have to pay outlays, such as report and court fees, if your costs agreement says so. If a court case is lost or withdrawn, or you don’t do better than an offer the other side made, you may have to pay the other side’s legal costs. We explain this in writing before you sign. This page is general information, not legal advice about your situation.