If you attend a day trip, then this means you’re owed a duty of care. This is the same whether your trip was arranged as part of a package holiday, or as a standalone trip. This means that the party in control of the day trip owes you a duty of care.
Day trips personal injury claims guide
Day-trip sites have to adhere to The Adventure Activities Licensing Regulations 2004. This legislation ensures that those who provide these activities follow the required safety practices. The Activity Centres (Young Persons’ Safety) Act 1995 states that any activity providers for certain activities have their premises inspected and need to hold a license.
However, you’re also owed a duty of care in these situations as an adult. The Occupiers’ Liability Act 1957 outlines the duty of care that you’re owed by those in control of spaces that are accessible to the public.
If you’d like more information on how to claim, or if you’d like an assessment of the validity of your case, get in touch today.
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Choose A Section:
- A Guide To Day Trips Personal Injury Claims.
- When Could You Need To Make Day Trips Personal Injury Claims?
- Liability In Day Trips Personal Injury Claims.
- How To Make A Day Trip Personal Injury Claims.
- How Much Could I Claim For A Day Trip Personal Injury ?
- Why Choose Accident Claims UK?
A Guide To Day Trips Personal injury Claims
You might be wondering what a day trip personal injury claim is. If you’re injured on a day trip, whether this is a standalone excursion or a trip that was organised as part of a package holiday, you’re owed a duty of care.
You may be able to claim for an injury you sustained on a day trip. However, not all injuries will be the basis of a successful claim. You would need to show that you were injured because of the negligence of someone who had a duty of care towards you.
For example, if you were on a walking tour as a day trip and you misstepped and twisted your ankle, this would not be the fault of the person or party in control of the trip. Therefore, you’d be unlikely to be able to claim.
For more information on making a personal injury claim for compensation, including an explanation of the time limits that apply to day trips personal injury claims, speak with one of our advisors today.
When Could You Need To Make Day Trips Personal Injury Claims?
Personal injury claims for day trips might be justified where a breach of duty of care on an excursion has led to injury. Examples of scenarios that could lead to injury include:
- Poor/no instruction- You should be given health and safety training before undergoing certain activities. For example, if you’re on a rock climbing excursion, then you should be trained on basic safety information. Failure to do this could lead to you falling from a climbing wall and sustaining a head injury such as a fractured skull.
- Defective equipment- Any equipment that members of the public interact with on excursions must be maintained to ensure it is safe. For example, if you’re on a water sports day trip and the cable connecting a water ski to a boat breaks because of lack of maintenance, then you could be entitled to claim for an arm injury you sustain as a result.
- Lack of supervision. In some exclusions, you might need to be watched by someone from the organisation that it was arranged through. They can ensure that you’re doing everything correctly and are able to spot hazards that you might be unaware of. If a member of staff was distracted you could sustain a broken rib in a fall from a quad bike.
For free legal advice on day trips personal injury claims, speak with our team today.
Liability In Day Trips Personal Injury Claims
As we’ve already mentioned, the Adventure Activities Licensing Regulations 2004 and the Activity Centres (Young Persons’ Safety) Act 1995 are two of the pieces of legislation that cover day trips. They set out some of the safety requirements that organisations that offer activities for young people need to abide by and set out the licensing requirements for these organisations.
The Occupiers’ Liability Act 1957 sets out the duty of care that everyone in control of a public space owed to those who use it for the intended purpose. Those in control should take reasonably practicable steps to reduce the risk of visitors being injured. Where certain risks cannot be removed or reduced, they should be signposted.
If you book a day trip as part of a package holiday, and you’re injured as a result of negligence, then you might be able to claim against the organisation which you booked the holiday through. A package holiday is one where you book more than one aspect of your holiday (for example, accommodation and an excursion) through one provider. This duty of care is set out in the Package Travel and Linked Travel Arrangements Regulations 2018
For more information on claiming compensation for harm caused by negligence on a day trip, speak with an advisor today. They may be able to connect you with a solicitor from our panel who has experience with day trips personal injury claims.
How To Make Day Trips Personal Injury Claims
Following an accident, there are a number of steps you can take in anticipation of making a personal injury claim. The first thing you should do is seek medical attention, as your health and wellbeing are a priority. Furthermore, seeking medical attention could generate records that can then be used to support your claim.
Below, we’ve included information on some of the evidence you could collect when making a claim:
- Gather the contact details of any witnesses so that they can later be called upon to make a statement about what happened.
- Check for nearby CCTV cameras. If you find one that could have caught the incident on film, you can request the footage.
- Photograph the scene and your injuries immediately following the accident, if possible.
- Report the accident to a tour guide or staff member. Report the accident in an accident book, if one is available.
If you were not liable for the accident and its subsequent injury, seek legal advice for a free valuation of your claim. Our team of advisors are available 24/7 and can give you a free consultation without any obligation for you to proceed based on that.
How Much Could I Claim For A Day Trip Personal Injury?
The compensation that can be awarded in day trips personal injury claims varies according to each case. This is because they are based on the individual circumstances of your claim.
If your claim is successful, you could be awarded two heads of claim. The first of these, general damages, compensate for the pain, suffering and loss of amenity that results from your injury.
The Judicial College Guidelines (JCG) contain guideline compensation brackets for a wide range of different injuries. They are based on previous compensation settlement awards that were made in cases that went to court and can be used to value the general damages head of claims.
| Injury | Severity | Compensation Brackets | Notes |
|---|---|---|---|
| Chest Injuries (f) | Moderate | £2,060 to £5,000 | Injury results in a collapsed lung, but a full recovery ensues with no complications. |
| Neck Injuries (c) | Minor (iii) | Up to £2,300 | Full recovery to be expected in three months. |
| Back Injuries (a) | Severe (ii) | £69,600 to £82,980 | Injury has special features that excludes it from lower bracket, for example, nerve root damage, impaired mobility, sexual difficulties or unsightly scarring. |
| Shoulder Injuries (e) | Minor | £4,830 to £11,490 | Fractured clavicle. Level of award will be dictated by the level of disability, residual or permanent symptoms. |
| Pelvis and Hip Injuries (b) | Moderate (i) | £24,950 to £36,770 | Serious injuries but permanent disability is not debilitating. |
| Other Arm Injuries (d) | Minor | £6,190 to £18,020 | Simple forearm fracture. |
| Elbow Injuries (a) | Severe | £36,770 to £51,460 | A severe disabling injury. |
| Wrist Injuries (c) | Less Severe | £11,820 to £22,990 | Less severe injuries with permanent disabilities such as pain and stiffness. |
| Hand Injuries (b) | Severe | £52,310 to £79,360 | Permanent cosmetic and functional disability. |
| Knee Injuries (b) | Moderate (i) | £13,920 to £24,580 | Torn cartilage, meniscus or a dislocation. Results are minor instability, wasting weakness or mild future disability. |
Special damages, on the other hand, compensate for the financial loss and expenses incurred by your accident. For example:
- Past and future medical expenses.
- Loss of earnings, including loss of future income if your injuries stop you from working at all.
- Transport costs to and from medical appointments
- The cost of care, including gracious care from loved ones
For more information on what can be included in day trips personal injury claims, get in touch today.
Why Choose Accident Claims UK?
A No Win No Fee agreement, also called a Conditional Fee Agreement (CFA), is a kind of agreement that allows people to fund the work of a lawyer. This kind of agreement means that people can access high-quality legal representation without having to pay upfront or accumulate large legal fees.
This kind of agreement means that there’s nothing for you to pay upfront or as the claim progresses. If your claim isn’t successful, there’s nothing for you to pay your lawyer at all.
If you win your claim, your lawyer will deduct a “success fee” from your compensation. This is limited by law, meaning that your solicitor cannot overcharge you.
If you are looking for advice on the day trips personal injury claims process or would like to see if you could claim, contact us now.
You can get in touch by:
- Telephone at 0800-073-8804
- Our online form
- Using the live chat feature on this page now
Holiday Accident Claim Resources
We’ve included the below resources that you might find useful:
Adventure travelling checklist- Gov.uk
Adventure Activities License (Information for the public)- HSE
If those were useful, you may want to read:
If you have any more questions about day trips personal injury claims, speak with an advisor today.
Written by Wykes
Edited by Stocks
