Personal injury claim settlement following leisure activity

Fraser Dawbarns has recently obtained a personal injury settlement for a man who suffered burn injuries to his legs from the engine and exhaust of a go kart. Mr P was taken out for a day’s karting by a friend, although he was known to be over the maximum weight limit for anyone intending to drive a kart. Despite Mr P being heavier than the prescribed limit, the staff on duty on the day allowed him to take part anyway. Unfortunately, the result was that his seating position left his body too close to the engine and exhaust and, as they heated up during the event, he suffered nasty burns.

Neil John, who heads the personal injury team at Fraser Dawbarns, comments: “Safety precautions are always there for a reason. In this instance, Mr P would not necessarily have realised why there was a weight restriction but those running the venue should have known and stuck to the rules. While injuries to people who are undertaking leisure activities are less common than accidents on the road or at work, they do occur in a wide variety of circumstances. 

Other injury claims that we’ve helped with in recent years have included an injury incurred while using a zip wire, an injury to a man who fell down poorly lit stairs in a leisure venue, and a number of people who have been injured while on holiday, in the UK or abroad. If you are injured while on holiday abroad, it is always worth seeking legal advice in the UK, even though in some cases the package travel regulations may apply. These types of claims are brought under the rules relating to ‘public liability’, as are claims against shops, restaurants and so on. The bottom line is that the owners of any commercial premises owe a ‘duty of care’ to those who visit them, whatever service or entertainment they are providing.” 

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In order to protect client anonymity, the initials in the above case study have been changed and do not relate the the client or other parties in any way. This article aims to supply general information, but it is not intended to constitute advice. Every effort is made to ensure that the law referred to is correct at the date of publication and to avoid any statement which may mislead. However, no duty of care is assumed to any person and no liability is accepted for any omission or inaccuracy. Always seek advice specific to your own circumstances. Fraser Dawbarns LLP is always happy to provide such advice.