The Royal Queensland Show (or as it is commonly known, the Ekka) is just around the corner, and with it comes the excitement of rides, showbags, and Dagwood Dogs. Because the Ekka is such a popular event thousands of people come in droves to experience the family fun. With so many people in the one place, injuries can happen. But who is responsible if you are injured at the Ekka, and what can you do about it?
The Ekka is held at Brisbane’s Royal National Agricultural (RNA) Showgrounds. When you purchase your ticket to enter the RNA Showgrounds you are agreeing to certain terms and conditions about things that may happen while you are on the premises. You do not have to sign these terms and conditions; they are published on the Ekka website which means that they are available to read before you enter into a decision to buy passes. Therefore, by purchasing a ticket you have agreed to these terms.
Just because you are injured in a public place it does not mean that you are able to claim for any loss due to injuries suffered. If the slip or trip was as a result of your own carelessness then you will be liable for any loss that you suffered. The Ekka is not responsible.
If you choose to go on a ride, or purchase a ticket “Ride Card” which are available in $50, $100, and $150 amounts, you are agreeing to the terms and conditions which are printed on the Ekka website. These terms and conditions again state that the RNA accepts no liability for any injury, loss, or damage to any person or thing. As with Ekka entry tickets, the terms and conditions do not specifically exclude any liability for injury which results in negligence, so it would be possible to seek compensation if you were injured due to the negligence of the RNA.
If you are injured on a ride due to the careless or negligent operation of the ride then you may able to seek compensation from the RNA or the ride operator or owner.
Robyn and her friends are excited about getting in to the Ekka and are so keen to be the first ones on the rides that they race each other. Robyn is distracted by something and trips over her own feet, tripping and injuring her wrist. She has to miss three weeks of work at her new job. In this case, Robyn was responsible for her own injuries and as a result cannot claim any compensation from the RNA.
Heather is walking through the Showbag Pavillion and trips over a length of cable which has not been secured properly. She injures her knee and eventually requires surgery. Heather would be able to claim the cost of any loss stemming from her injury as the cable not being secured is negligent on the part of the RNA.
Brian is going on a new, fast ride at the Ekka. The person responsible for managing the ride is negligently not paying attention to the ride operating. The ride goes too fast at one point and Brian injures his neck. Brian may be able to seek compensation for any loss suffered.
As you can see, most common injuries that might be suffered at the Ekka, things like slips and trips, would not usually be claimable injuries due to the fact that they were not the fault of the RNA. This is indemnified against on the RNA Ekka ticket terms and conditions. If an injury happens due to the negligence of a party, then there may be an avenue available for compensation for loss suffered.
If you have been injured at the Ekka and believe that your injury was suffered due negligence then it is worth speaking to a lawyer about your situation. A lawyer can give you advice about whether you may have a claim for compensation due to the loss suffered from personal injury.
It’s important to get advice for your specific situation. Check if you can make a risk-free compensation claim and get free initial advice from our Principal lawyer, Greg Smith.
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