Adventure activities are becoming increasingly popular, with many of us enjoying the rush associated with participating in a hazardous pursuit. Clearly, this type of activity carries with it a certain degree of risk and those who elect to pursue hazardous pastimes must accept that there is a possibility that they will be injured as a result of their participation. In many of these cases, where an accident is an inherent risk in the activity being undertaken and it occurs as a result of that risk, rather than the fault of a third party, it will not be possible to claim compensation. However, where it is possible to establish that the accident was caused, either entirely or in part, by the negligence of another person, a claim for compensation may well be possible. In this article, we consider some of the circumstances that might give rise to a compensation claim arising from an accident that occurs during an adventure activity.
Compensation claims for adventure activity accidents
As already mentioned, in order to make a claim for compensation it will be necessary to prove that the accident was as a result of the fault of someone else. There are three principal circumstances where this is likely to occur.
- Faulty equipment
It is the responsibility of the organiser of the adventure activity to ensure that the equipment that they provide is appropriate to the type of activity that you are engaged in. It is also their responsibility to ensure that it is appropriate to your personal needs. If, for example, you are provided with safety equipment that is designed for use by someone of a much lower weight, the person running the activity has failed in their duty to provide the correct equipment. It is also the responsibility of the organiser to inspect the equipment provided to ensure that it is in good working order. If the equipment is faulty, worn or otherwise defective, the organiser is likely to be held responsible for the payment of compensation if you sustain injuries as a result.
- Inadequate training
The instructors on an adventure activity are required to ensure that all the correct procedures and equipment are employed to offer optimum protection to those engaged in the adventure activities. If the instructors have not been provided with a sufficient degree of training, which results in their failure to ensure that you are safe whilst undertaking the activity, it is likely that their employer will be found to be responsible for any accident that occurs as a consequence.
- Failure to follow safety procedures
Most adventure activities have clearly prescribed safety procedures. These can include measures such as the implementation of maximum weight, minimum height or minimum age limits. If the organisers of an adventure activity fail to adhere to any safety procedures or regulations, once again it is likely that they will be held responsible for any accident and injuries that this failure may cause.
Adventure activity accident claims can be complex and sometimes difficult to prove. However, if you have been involved in an accident whilst on an adventure activity and consider this to be someone else’s fault, you should consult a personal injury lawyer within three years for advice on a possible compensation claim. The team at Accinet are experts in Personal Injury Law and they will be able to advise you if they think you have a claim.