Fairground & Theme Park Accident Claims

Serious accidents at theme parks and fairgrounds are rare, because rides are subject to strict safety rules. When something does go wrong, however, the consequences can be severe. If you or your child was injured at a fairground or theme park because the operator failed to keep it safe, you may be able to claim compensation.

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Bringing an Injury Claim Following a Fairground Accident

The personal injury team here at McCarthy + Co Solicitors LLP has a strong track record in bringing successful public liability claims, including cases where litigants were injured while using leisure facilities, fairgrounds, fun fairs, and theme parks. A claim may be possible where an injury was caused by negligence, such as:

a ride malfunction caused by poor maintenance, a defect, or improper operation;
poorly maintained rides, walkways, or facilities, such as broken handrails or loose fittings;
inadequate safety measures, including missing warnings or a failure to enforce height or health restrictions;
staff negligence, such as failing to secure a harness properly or to supervise a ride;
a slip, trip, or fall caused by a hazard on the premises, such as an unmarked wet floor, trailing cables, or poor lighting; and
food poisoning caused by poor food hygiene at the park.

If you have sustained an injury at a fairground or theme park and would like guidance on bringing a claim, arrange a time to speak with a solicitor here by completing our quick and confidential online form.

The rules operators must follow

Fairground and amusement rides in Ireland are subject to specific safety requirements. Under section 239 of the Planning and Development Act 2000, fairground equipment must not be made available for public use unless it holds a valid certificate of safety, issued following inspection by a competent person, and operating equipment without one is a criminal offence. This certificate, together with the operator’s maintenance and inspection records, is often central to establishing whether reasonable care was taken.

Rides are also covered by product and machinery safety law, including the European Communities (Machinery) Regulations and general product safety rules, which require equipment to meet essential safety standards. For the wider premises, the operator, as the occupier, owes a duty under the Occupiers’ Liability Act 1995, as amended in 2023, to take reasonable care for the safety of visitors. Like any business, an operator must also comply with the Safety, Health and Welfare at Work Act 2005 in relation to the safety of its staff and the public. Where any of these duties is breached, and someone is injured as a result, there may be grounds for a claim.

Claiming on behalf of a child

Many of those injured at fairgrounds and theme parks are children. A child cannot bring a claim themselves, so a parent or guardian brings it on the child’s behalf, as their ‘next friend’. Any settlement of a child’s claim must be approved by a judge, in a process known as an infant ruling, and the compensation is normally held by the Courts Service until the child turns eighteen. The time limit also differs: for a child, the two-year period generally does not begin until their eighteenth birthday, though it is far better to bring the claim earlier, while evidence such as ride certificates, maintenance records, and CCTV still exists.

“It was a pleasure to work with this firm, namely with Liam Crowley. He made a difficult and lengthy process very easy and any questions were answered in a very timely manner. I was included throughout and every step of the process was explained to me without overwhelming me with information.”

Sarah Fahy

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Meet Liam Crowley

Liam Crowley is a partner at McCarthy + Co Solicitors LLP and leads our personal injury department. He has worked in litigation for almost 20 years, and in recent years he has acted almost exclusively for personal injury plaintiffs before the Circuit and High Courts, attending court venues throughout Ireland. He has handled many complex High Court actions involving multiple defendants and high-value loss of earnings claims, and he has managed investigations and claims in many product and public liability cases.

If you or your child has been injured at a fairground or theme park, and you would like trusted, attentive advice, you can contact Liam directly at liam@mccarthy.ie.

Frequently Asked Questions

Some of the questions we are often asked in relation to this topic.

How do I prove the operator was negligent?

You need to show that the operator owed you a duty of care, that it fell short of what was reasonable, and that this caused your injury. In practice, this often comes down to the ride’s certificate of safety and the operator’s maintenance, inspection, and staff-training records, alongside photographs, witness details, and medical evidence. Expert evidence on ride safety is sometimes needed. We can obtain these records and arrange the necessary expert input as part of building your claim.

What should I do after an accident at a theme park?

Report the accident to the operator straight away and make sure it is recorded, keeping a copy. Take photographs of the ride or hazard involved, note the names and contact details of any witnesses, and seek medical attention, keeping a record of your injuries and treatment. If the area was covered by CCTV, ask for the footage to be preserved quickly, as it is often overwritten before long.

How long do I have to make a claim?

In most cases, two years, less one day, from the date of the accident or the date you became aware of your injury. For a child, the two years generally run from their eighteenth birthday, though acting earlier is far better. Because evidence is best gathered promptly, it is wise to take advice as soon as you can.

Do I need a solicitor?

You are not required to, but these claims can be technical, often turning on ride certification, maintenance records, and expert evidence that an individual may struggle to obtain. A solicitor can gather that evidence, identify the correct party, deal with the operator and its insurers, and manage the Injuries Resolution Board process, as well as the court approval that a child’s claim requires.