No amusement over public liability claims

Date: Apr 17, 2014

With children on school holidays and Easter weekend upon us, Work Cover NSW is urging businesses with amusement rides to check the safety of them to avoid a public liability injury claim.

In an October 2013 'Safety Alert', Work Cover NSW highlighted some of the risks to children who went on rides at fairs and festivals. One main issue addressed was the potential for gaps on the rides which are often old and unsafe.

An example in the alert told of a child who, last year, sustained injuries after she fell three metres from a stationary caterpillar-type ride. She was getting onto the ride and fell through an opening between two of the cars.

Limited safety measures in the past allowed these sorts of rides to pass testing, but with today's standards much higher, many do not make the grade and amusement park owners risk a public liability injury claim.

While the 'Safety Alert' focused on stationary caterpillar-type amusement rides, it said "the same potential risk of falling through gaps on stationary rides and the need for appropriate control measures may also apply to other amusement rides."

This means anyone who operates or owns an amusement ride must be vigilant to potential risks and address them before an innocent child steps on.

While businesses address safety concerns, parents and caregivers can also help to reduce the risk to children and themselves when enjoying carnival rides.

Make sure that you and your children have adequate footwear to be going on the ride. Some footwear, like thongs and street shoes, can have limited grip and it is easy to slip when getting onto a ride. It is also important that any loose clothing is tucked in or removed as this can become lodged in parts of the ride causing distress and potentially injuring the wearer.

When you have concerns about the state of an amusement ride or the operator, it is always best to address these concerns before getting on and make sure the complaint is recorded and you have it in writing.

If you or your child is injured on a carnival ride, and you believe that the owner or a third party was responsible, you may be eligible to make a public liability injury claim.

To support your claim, you must have evidence that the ride was in no state to be used and that the operator neglected their duty of care responsibility.

For assistance in making a public liability injury claim, contact a compensation lawyer at Gerard Malouf Partners today.

Call us now on 1800 004 878 to book a free appointment with one of my compensation experts or email your enquiry.