Over the last decade, trampolining has become a popular activity, not just for children, but adults too. It’s great fun for all the family and is good for fitness too. However, while using a trampoline at a park or at a party may be lots of fun, it is not without its risks. Some injuries will be down to the users themselves, while others can be the result of negligence. Importantly, if you were injured at a trampoline park because of somebody else’s negligence, you may be eligible to make a trampoline injury claim for compensation.
If you have suffered a trampolining accident and would like to find out if you are eligible for compensation please contact us at 0800 6524 881. To learn more about the process of making a claim, please continue with the rest of this guide.
Table of contents
- Am I Eligible To Make A Trampoline Injury Claim?
- Common Causes Of Trampoline Accidents
- Common Injuries From Trampolining Accidents
- How Much Compensation For A Trampoline Accident Could I Claim?
- Evidence To Support A Trampoline Injury Claim
- Time Limits For Claiming Trampoline Accident Compensation
- Starting The Trampoline Injury Claims Process
Whether or not you can claim compensation for a trampoline accident will depend upon the circumstances surrounding the incident. However, a personal injury solicitor could determine your eligibility to make a claim by first verifying the following:
- The defendant owed the potential claimant a duty of care; and
- They failed in their duty of care to you because they were negligent; and
- Their negligence then resulted in a trampoline accident and you sustaining an injury.
Through legislation such as the Consumer Protection Act 1987 and the Occupiers’ Liability Act 1957, a duty of care is owed by trampoline manufacturers, installers, trampoline park and club owners and operators to any persons using their products or facilities. Put simply, they are required to provide a safe product or service to protect those using it from unnecessary harm. Failure to do so could result in a trampoline accident claim being filed against them.
Any business or service provider in the UK has a duty of care towards their clients. This law applies to anyone who manufactures or hires trampolines out as well as trampoline park owners.
To comply with this legal duty of care, all trampoline manufacturers and hirers must make sure that the equipment is not faulty and meets all relevant safety and quality standards. They must also give users advice regarding safe trampoline usage and potential risks, especially in terms of where and how to set the trampoline up, and the maximum number of people using the trampoline at the same time.
In addition, all equipment should be fully inspected for issues such as wear and tear and any damage and ensure regular maintenance is carried out. Any equipment that does not meet the safety standards must be closed to users until fully updated and safe to use. They must also make sure that the equipment is set up in a safe location and used in accordance with all safety guidelines.
This is something that comes up often. Trampoline parks might ask users to sign a waiver before using the equipment on their premises. This waiver is meant to protect them from any legal action in case of an accident. If you are injured in a trampoline accident, don’t let that waiver stop you from pursuing a personal injury claim.
Although a waiver is a legal document, it does not completely shield the trampoline park operator or owner from liability. The best way to find out whether you can sue a trampoline park is to contact a personal injury solicitor for free advice.
Trampoline accidents can be caused by all sorts of reasons, some more common than others. These can include:
- Failure to supervise children at all times. Children need to be supervised at all times when using the trampoline to put a stop to any dangerous or reckless behaviour.
- Failure to instal the trampoline properly. The risk of an accident occurring will be increased if the trampoline is not assembled or installed correctly as per the manufacturer’s instructions.
- Overcrowding. Particularly a potential problem at a trampolining park. Too many people on a trampoline at any one time could result in collisions and falls.
- Using the trampoline in an unsafe manner. Flips and somersaults aren’t always allowed in certain scenarios, such as somersaulting from one trampoline to another as this could increase the risk of injury.
- Weather. If outside, in wet weather the trampoline could become very slippery which is more likely to cause someone to slip and fall awkwardly.
- Wear and tear. Trampolines should be inspected regularly to make sure they are fit for purpose.
- Safety features not being used. Some trampolines will come with safety features such as netting and padding to help prevent injuries. Safety features should be looked for and put in place before use.
- Slip, trips and falls. Accidents may also happen within a trampoline park due to clutter, defective flooring, spilt liquids or foods, or damaged seating for example causing slip, trips or falls.
If you’ve been injured using a trampoline and you believe somebody else’s negligence caused you to be hurt, you may have ground the claim compensation against them. Therefore, please contact our claims advisors for free advice.
Understandably, there are quite a few types of trampoline injuries that could happen in an accident whether at home or a trampoline park.
These are among the most common types of injuries:
- Sprains and Strains. These injuries are when muscles and ligaments are stretched or torn. The most common are sprained ankles, knees and wrists but can happen anywhere in the body.
- Fractured or broken bones. These commonly occur due to a collision with another trampoliner or landing awkwardly causing broken lags or other fractures.
- Dislocations. These can occur when the bones in a joint are forced out of place and are no longer in alignment as they should be. Dislocations commonly happen in the shoulder, elbow, wrist, knee, ankle and/or hips.
- Head injuries. These include concussion or brain trauma injuries and are usually the result of a collision or fall on the trampoline.
- Back injuries. These injuries are likely to occur when a trampoliner lands on their back awkwardly, or if the back is twisted unnaturally.
- Neck injuries. Neck injuries like back injuries typically occur when a trampoliner lands awkwardly, or if their neck is twisted unnaturally.
- Cuts and bruises. These injuries are common in trampoline accidents, especially if there is little or no safety padding.
- Internal organ injuries. Injuries to the internal organs such as the kidneys, liver and spleen can happen on trampolines. Injuries to the thoracic and abdominal regions are also possible.
Some injuries may be mild and should heal quite quickly. Some, however, can be more severe and take longer to heal causing a certain amount of disruption to the individual’s private and work life. Occasionally, some accidents result in very serious injuries that the victim may never fully recover from with ongoing health problems for life.
If you or your child have suffered a trampoline park injury due to somebody else’s negligence or have had an accident on a defective trampoline at home, we’d advise speaking with a personal injury solicitor. They will be able to determine if you have a valid reason to make a trampoline injury claim.
As each claim is unique, any compensation for a trampoline accident a claimant may get will usually be determined by various different factors relating to general damages (pain, suffering and loss of amenity) and special damages (monetary losses).
These factors might include:
- The level of pain and suffering endured, the effect it has had on your life and your future prognosis.
- Any medical expenses such as private medical care and prescription costs.
- Your travel costs directly related to your injury.
- Loss of income and any predicted future loss of income.
- Care expenses, for example, if a carer was required to look after you during your recovery.
These are just a few examples of what a compensation payout might include in a successful trampoline injury claim. Please call our advisors if you have any questions about your own situation.
We cannot accurately estimate the amount you could receive in compensation at this stage. However, you can use our compensation calculator to estimate the amount you could potentially receive for the general damages.
Although the compensation calculator amounts are in line with the latest Judicial College guidelines, they should be considered only as advisory.
To make a successful trampoline injury claim for compensation, you should be able to provide evidence that proves you were injured due to an act of negligence. Suitable evidence could include:
- Accident reports. The accident should have been reported to and recorded by the trampoline park so ask to have a copy sent to you.
- Medical reports. Medical report of your injury and its treatment if you visited the hospital or your GP.
- Photos and recordings. Photos, videos and any available CCTV footage showing where the trampolining accident took place and the surrounding area. Also take photos of any visible injuries sustained.
- Witness statements. Names and contact details of witnesses willing to provide a statement of what happened can be very powerful pieces of evidence.
The next thing you may like to consider is discussing your evidence with an advisor on our team. They’ll look over any evidence you have with you and explain whether there are grounds to start a trampoline injury compensation claim.
You typically have a maximum of three years to start a compensation claim for a trampoline accident, beginning from:
- The date of the accident;
- The date of your injury diagnosis.
If a child has sustained an injury trampolining because of negligence, you can make a claim on their behalf as a litigation friend up until they turn 18. If you do not make a claim for them, they can do so themselves from the age of 18 but they’ll only have until they turn 21 years of age to do so.
We’d suggest that starting a claim as soon as possible is the best approach. Starting the claim whilst the events are still fresh in your mind helps to make the process.
With the help of one of our personal injury solicitors, starting your trampoline injury claim couldn’t be easier.
We will initially give you a free consultation to determine the details of your case and check you have a legally valid reason for claiming compensation. If we agree you have a case, we will usually then offer to take charge of your case for you on a No Win No Fee basis. If we win your case for you, we will simply deduct the agreed percentage of the settlement amount (maximum 25%) as a fee. If we are unsuccessful, however, we ask for nothing at all.
Please call us today on 0800 6524 881 if you have any questions about starting a trampoline injury claim.