Part of the adrenaline we chase from theme parks comes from the sense of danger. But while we know there may be a risk of injury, operators of these venues still owe a legal duty of care to take reasonable steps to prevent foreseeable harm to visitors.
If you’ve been hurt at a theme park, water park, trampoline park, leisure centre or sporting complex, you may be entitled to pursue a public liability compensation claim. Here, we’ll discuss when these accidents might (and might not) amount to negligence, the common injuries associated, and what to do if you’ve sustained an injury at a theme park or activity centre.
When are accidents at theme parks caused by negligence?
Accidents at theme parks, water parks, trampoline centres and other leisure venues can occur for a variety of reasons. But if they are caused by (or contributed to by) the operator or staff not taking reasonable care of their visitors, it may be considered negligence.
This might be the case when:
the equipment has an unsafe design or setup
safety signage is unclear on things like height, weight or age restrictions
rides, slides, trampolines, or flooring surfaces aren’t properly maintained
the staff on duty aren’t adequately supervising, or they aren’t adequately trained
high-risk or wet areas aren’t inspected or cleaned within a reasonable timeframe.
What accidents at theme parks wouldn’t be considered due to negligence?
There are times when a person injured might share some responsibility for their injuries. This can happen if they:
were intoxicated
ignored safety signage
behaved recklessly, or engaged in an activity with an obvious risk (such as trying to do a backflip down a water slide)
sustained the injury while willingly engaging in the activity in its normal capacity (such as neck strain from a roller coaster).
In Australian law, even if you are partly to blame for an injury, you might still be entitled to compensation. Under “contributory negligence”, if you were considered 40% at fault for what occurred and the venue was 60% responsible, they would therefore owe you 60% of the costs of all damages incurred.
Common injuries
Injuries at theme parks can range from minor strains to life-altering trauma. The nature of the activity often involves speed, height, or water, meaning even a momentary lapse in safety can lead to significant harm. Some of the more common injuries seen in public liability claims from these venues include:
Soft tissue injuries such as whiplash, neck and back strain, or muscular tears
Fractures and dislocations caused by awkward landings, collisions, or falls
Head and brain injuries resulting from impact with equipment or surfaces
Sprains and hyperextension injuries from improper technique or poor equipment design
Water-related injuries, including inhalation, near-drowning or secondary infections
Psychological injuries following traumatic incidents or near-miss events
If it turns out that a person deserves compensation from the theme park for the injuries they sustained, that compensation should consider their pain, loss of income, and ongoing care needs.
What to do after an injury
If you’ve been injured at a theme park, water park, trampoline centre or similar venue, it’s important to take steps early to protect your rights and strengthen any potential claim.
You should:
Prioritise yourself and your recovery – You’ll have time and support to collect evidence and gather a case. It’s important throughout it to ensure you’re recovering and looking after yourself.
Be aware of deadlines to make a claim – Injuries at theme parks or activity centres can be complex, especially when liability need to be established. Ensure the right evidence is collected before any deadlines pass.
Take photographs or videos – Try and capture the area where the injury occurred, including any hazards or lack of warning signs
Collect witness details – Even if you’re not sure if they’ll be needed, try and collect the names and contact information of anyone who saw the incident
Keep copies of medical records, receipts and correspondence – This will likely be needed to help recover the costs of your injuries.
A public liability claim can help you recover compensation for pain and suffering, medical expenses, lost income, and future care needs. Every claim is unique, so obtaining early legal advice ensures your rights are protected and that the appropriate evidence is preserved from the start.
Experience in a high-stakes industry
Public liability cases all carry their own unique challenges. They can be long, complex, and emotionally charged experiences for all involved. And that all happens while you’re trying to focus on your own wellbeing and recovery.
But the statistics show that even in the complex world of public liability cases, when it comes to theme parks, they sit almost at the summit of complexity and significance. A report from a few years ago showed the amount amusement parks are paying in insurance had tripled in recent years, owing to just how financially serious it can be when claims and class actions occur.
Unfortunately, this was more than apparent throughout the multiple cases brought against Dreamworld after the horrific incident in 2016. Our team worked alongside staff members and first responders who experienced significant psychological harm, often leaving them unable to work or live comfortably.
In a perfect world, we wouldn’t have experience in this space and injuries in fun-centric environments wouldn’t happen. But given these incidents do occur in the real world, and their impacts can be some of the most significant possible in the world of public liability, we’re prepared to work with you to achieve the best possible outcomes.
How Shine Lawyers can help
Our Public Liability team has extensive experience in recreational injury claims and we understand how to prove negligence in complex environments like theme parks and activity centres. We can assess whether the operator breached their duty of care, gather supporting evidence and guide you through each step of the claim process.
We offer a No Win, No Fee arrangement, meaning you won’t pay our legal fees unless we win your case.
If you’ve suffered an injury at a leisure or activity park, contact Shine Lawyers today for a free, no-obligation consultation to understand your rights and explore your options for compensation.
