Trampoline Park Accident Compensation Claims.

Most trampoline parks require customers to sign a waiver prior to using the equipment. It is standard practice, although it doesn’t automatically mean you have waived all of your rights away. It may still be possible for you to make a trampoline park compensation claim after an accident that wasn’t your fault.

Whilst a waiver does carry some degree of legality, it does not fully absolve the trampoline park of their public liability, and an injured person may still be entitled to make a claim for compensation following an accident which occurred through no fault of their own. According to the Unfair Contract Terms Act (1977) the provider of an activity must not restrict or exclude their liability for death or injury caused due to their negligence.

This means that even if you signed a waiver on entry to the trampoline park, but then sustained an injury due to their negligence, for example poorly maintained equipment, or inadequate supervision of the trampolines, you may still have grounds for claiming compensation for your injuries.

Trampoline parks in England and Wales have a legal obligation to their customers and staff to have rigorous health and safety procedures in place, with regular risk assessments in order to ensure they are providing a fun experience with safety at the forefront. The Association of Trampoline Parks have laid out a number of guidelines with the intention of helping to minimise the number of accidents which happen due to improper staff training, unsafe trampolining equipment, and general negligence.

Trampoline parks typically put a number of safety measures in place which help to prevent a lot of potential accidents, and thanks to these measures the majority of accidents, which do occur on trampolines, are now most often caused by people bumping into each other whilst jumping on the trampoline, people falling off the trampoline, too many people bouncing in the same area at a time, or endeavouring to perform tricks which are inherently dangerous and beyond their capabilities and which should only be performed with specialist training and supervision.

However, in some instances an accident can occur due to negligence. This includes things such as faulty equipment, not enough staff monitoring the trampolines, improper staff training, and customers not being provided with the correct usage instructions. If you have been injured at a trampoline park through no fault of your own, you may be eligible to make a claim for compensation. Our team of specialist personal injury solicitors can advise you on the steps to take if you’d like to pursue a compensation claim.

If you, or someone you are with, is injured at a trampoline park, it is important that the person is initially attended by a qualified first aider and does not move whilst waiting for an ambulance to arrive. This will ensure the injury doesn’t worsen prior to being treated, which is particularly important in cases where the person has landed awkwardly and potentially injured their neck or back.

In those cases where the injury is minor and is able to be treated by a first aider on site, it is important to ensure the accident is recorded in the park’s accident book.

However, more serious injuries should be assessed by a paramedic who will then take the person to hospital where necessary. If you intend to claim compensation for your trampoline park injury it is important we obtain a specialist medical report, as it will be required as supporting evidence for your claim.

After phoning for an ambulance there are several things you, or someone you were with, can do whilst waiting for the paramedics to arrive:

• Notify the trampoline park of the accident and ensure it is recorded in their accident book
• Collate as much information about the accident as you can
• Gather photographic evidence of the injury and the trampoline it happened on
• Make a record of any safety advice you were provided with prior to your trampolining session
• Speak to anyone who witnessed the accident and take their statements and contact details

It is important that you contact us here at Lanyon Bowdler as early as possible, so that we can collect all of the available evidence on your behalf.

Our personal injury team have the knowledge and expertise to help you to bring a claim on your behalf to ensure you have access to the medical treatment and rehabilitation you require, in order to recover.

The Association of Trampoline Parks was formed with the purpose of developing a set of health and safety guidelines that all trampoline parks in England and Wales are required to comply with.

All trampoline parks have a duty of care to their customers and staff; this means that they must:

• Ensure that the trampolines are set up in the correct way
• Ensure proper maintenance of the trampolines, rectifying any faults promptly
• Ensure regular risk assessments are carried out and that preventative measures are put in place when necessary
• Ensure safety netting is used where appropriate
• Ensure staff are trained effectively and that there are enough staff supervising the trampoline park at any given time
• Ensure all trampoline users are provided with adequate guidance and training prior to using the equipment and endeavouring to perform tricks
• Ensure there are staff on site with first aid training, as well as a fully stocked first aid kit
• Ensure customers are in a satisfactory mental and physical state before using the trampolines

In addition to the measures put in place by trampoline parks, it is also the responsibility of the trampoline park customers to ensure  they follow the instructions given to them, and use the equipment safely and respectfully, being sure to avoid causing undue risk to both themselves and fellow trampoline users.

It is important you make contact with us as soon as possible, we can then make early contact with the defendants and ensure that evidence is not lost or destroyed.

One of the questions we are often asked is with regards to how much compensation may be awarded.

There are a variety of different factors which will be taken into account when considering how much compensation will be awarded. This includes the extent and severity of injury and the impact the injuries have already had on the quality of life of the victim.

Compensation can also be awarded to cover loss of earnings and medical expenses incurred after the accident, as well as the emotional suffering endured as a result of the injury.

In the majority of cases the injuries will be relatively minor and you can claim for out of pocket expenses, medical expenses and loss of earnings. In more severe cases, for example a spinal injury which can have a catastrophic effect on a person’s life. The compensation will be much more extensive and will include multiple heads of loss. In addition to damages for the injury and loss of earnings, it can include accommodation and vehicle adaptations, aids and equipment, together with lifetime care and support.

After an accident, most people need to take time off work to recover, and it may be that some may be unable to return to their jobs at all. This loss of earnings, along with medical expenses, can often mean people are deterred from claiming compensation as they don’t want to be faced with a big legal bill to pay.

At Lanyon Bowdler we understand these concerns, which is why we’re pleased to be able to offer our services on a “no win – no fee” basis. This means that in the event your claim is unsuccessful, you won’t face any legal fees.