Alton Towers incident - possible claim?

harry112

Hi,

My wife had a little whiplash incident on the 1st July, she was in the back of her father's black cab when it broke harshly because somebody had pulled out in front. There wasn't a crash but she hurt her back a little, not too bad, she was wearing a seat belt.

We then went to Alton Towers on the 2nd July and the ride we were on got stuck! The ride was Air and if you are not familiar with this, it is the worst possible ride to get stuck on because the seats were tilted forward (superman position). The ride was approaching the end and just before it reached the platform to get off, the ride jammed and we were stuck face down for around 25 minutes. When we finally got off my eyes were bloodshoot but soon got better. However, my wifes back had got worse, it is now swollen just below her neck and there is some red soreness too. She is to see a doctor tomorrow.

I was wondering if we can make some sort of claim? And if so how we can go about it? The only sort of compensation we got from the staff on Air was a Priority Pass which allowed us to que jump one ride only.

Thanks in advance...

rl290

I thought that there is a big sign next to rides, like Air, saying that people with back pains etc should not ride on them?

Coopdivi

You should have put 'Compensation' in your title. You'd have got a lot more help and sympathy MSE users...

sp1987

If your wife went to a theme park the day after a road incident then she is a fool.

Often injuries from rta's/motoring incidents...even minor ones, can take a few days to manifest. I had quite bad bruising/pain from a car reversing into me a few years back and it got steadily worse over a couple of days. But even moments after I knew I would not be doing anything strenuous for a couple of weeks.

Should alton towers pay because your wife could not exercise caution over her own bodily state? Hell no.

harry112

Her pain wasn't too bad after the harsh braking incident, not like it was a crash. I would have thought the theme park would partly be held responsible considering we were stuck on the ride for 25 minutes with legs straight and back horizontal?

sp1987

harry112 wrote: »

Her pain wasn't too bad after the harsh braking incident, not like it was a crash. I would have thought the theme park would partly be held responsible considering we were stuck on the ride for 25 minutes with legs straight and back horizontal?

No.

Read my previous post for more details of why the mere mention of it is at best, laughable.

Basically, your wife has been injured by a motoring ''incident''. Legs straight and back horizontal as you put it is the position most of us SLEEP in. Being in that position with your weight held by strong supports is what many people use for therapy to take the weight off their bad backs, lol.

Sorry your wife is hurt, but more sorry she has been so foolish. After all, you state that your only ailment was bloodshot eyes which 'soon got better'. You could be used, for example as the 'control' if we are to take your wife's experiences as an experiment. Someone who did not have a pre-existing injury suffered only a bit of extra blood flow to the eyes, which quickly passed. Someone with a pre-existing injury found that it worsened that injury. It is the same reason pregnant women are told not to go on these sorts of rides, as they are designed to throw fit and healthy people around for a thrill. The minute you start taking dodgy backs/joints/uterus' full of other people on them, you get ill effects.

Vomityspice

There is nothing stopping you making a claim, but I suspect the phrase 'contributory negligence' will be a major factor. Note that CN can and often does reduce your claim by 100%.

Look at the facts: Your wife was in an accident where she hurt her back, knowing that her back was injured and apparently unable to read and understand the warning signs at Alton Towers, she choose to go on the rides. In my humble opinion, her chances of any form of compensation are slim.

However, there is a further problem now. As your wife seems to have exacerbated any medical problem with her back by acting recklessly by going to Alton Towers the day after her accident, any potential claim for injury for the first event is compromised by her foolhardy actions the day after.

Freddie_Snowbits

Pre Existing Condition

Apples2

Did you accept the quick passes so you could go on another restricted ride quicker than queuing??


Were all the other passengers on AIR that day affected in the same way??

Doesn't sound like it, just your wife then? wonder why that was?

Maybe you should both start bothering yourself to read the many many warnings signs emblazoned on the entry to all the thrilling rides.

Another case of a poster refusing to be responsible for their own actions......

isplumm

Hi,

Well I would write a letter to Alton Towers explaining what happened - be polite & to the point - you never know they may send you something ...

Mark

PasturesNew

It's the car accident at fault, not Alton Towers, surely.

If she'd had the car accident and not gone to Alton Towers, she might have had this problem.
If she'd not had the car accident and gone to Alton Towers, she'd have been fine, as you are.

So look to the accident the day before as the cause, Alton just let the problem show itself.