Accidents can happen, even in places created for fun. A trip to the fun fair usually promises laughter, adrenaline, and the occasional scream of thrill. But what if those screams are driven by an unexpected accident?
Unfortunately, there has been an increase over the last 5 years on rides at fun fairs. The immediate aftermath of an accident tends to be chaotic and important evidence which may assist you when making a claim can be lost, damaged, or destroyed.
The following guidance outlines the essential but often overlooked actions to take to protect your legal position.
1. Identify The Name Of The Ride
Shock and adrenaline can significantly impair memory, and something as simple as the name of a ride may become difficult to recall later.
Identifying the name of the ride involved in the accident is essential.
2. Try and Establish The Name Of The Operator Of The Ride
This is a critical step that may be overlooked in the confusion following an accident, but it may have significant implications for your case in relation to accountability and liability for the accident.
3. Seek To Establish If There Are Any Witnesses And Obtain Their Contact Details
Identifying anyone who saw the accident can play a significant role in supporting your recollection of the accident and thus, strengthening any legal action you may pursue.
4. Keep Any Proof That You Were In The Fun Fair
Although they may not seem relevant, items such as receipts, tickets, wristbands will serve as invaluable physical evidence that you were at the fun fair at the date and time in question.
5. Photograph And Video The Ride
The evidence gathered immediately after the scene of the accident is often the most reliable and is likely to play a key component in establishing negligence.
Make sure any footage captured is retained.
6. Ask The Owner Of The Fun Fair For Your Accident In Their Accident Log Book
This documentation will provide an official record of the event and can be critical in establishing liability for the accident.
7. Report The Matter To The Health and Safety Executive (HSE) and Local Council
Do not rely on the owners of the fun fair to do this, do it yourself!
Making the report yourself ensures the authorities are aware of the incident and allows them to investigate and undertake the appropriate action.
8. After Receiving Medical Treatment, Retain Any Hospital Reference Number
This may seem like a minor detail but will make the job of obtaining your medical records easier further down the line.
9. Keep A Diary
The diary should accurately record your version of the incident, any medical appointments attended, and any losses incurred.
Remember: the more detailed, the better!
10. Keep The Diary Going
Make sure the diary is regularly updated.
The diary will assist legal representatives to build a case on your behalf.
Taking prompt and deliberate steps and seeking legal advice early on are essential if negligence played a role in your accident. By undertaking the same, not only will you be identifying and preserving key evidence, but you will also be putting yourself in the strongest position possible to pursue legal action later on.
