Accidents in Trampoline Parks: Can You Claim Compensation?
The first time you step into a trampoline park, it is easy to be awestruck. The sight of tens of trampolines, lined up in an orderly grid is enhanced by the weirdness of angled trampolines that replace walls, and long padded beams stretching across foam pits that beg to become the location for 90’s Gladiator-style duals (or, for those who prefer older references, re-enactments of Robin Hood and Little John’s first encounter!).
There is no doubt that a trampoline park is a recipe for an hour or two of energetic fun, but what can be done if disaster strikes and that fun becomes marred by an injury?
It is usual for trampoline parks to insist on you signing a waiver before you begin - acknowledging the fact that trampolining is a dangerous activity.
These waivers are legal documents that do their best to limit the level of liability the park is responsible for. It is understandable that many people believe that having signed the form, they have no legal standing if an accident occurs. This is not the case.
Contrary to popular belief, a signed waiver form does not mean that all accidents stop being the responsibility of the park or its owners.
The Unfair Contract Terms Act prevents any company from being able to exclude or restrict their liability in the case of negligence. What this means when it comes to the trampoline park injury, is that if the park’s owners or employees can be shown as being negligent in their duty of care to you, then there is a solid case for a compensation claim.
The trampoline park has a duty of care to provide a safe environment for you to enjoy their facilities. They are also responsible for making sure that you have been properly briefed and that all safety measures have been explained. Failure to maintain this duty of care is considered negligence.
Examples of negligence could be:
- Failure to show the company’s introductory video detailing the rules and safety procedures for the park prior to you using the facilities.
- Poorly maintained equipment that leads to an injury.
- Allowing the park to exceed capacity.
- Failure to clean up a liquid spill on the equipment.
There are plenty of situations where an injury has occurred that is not due to the negligence on the part of the trampoline park – your Dad thinking he can still perform a perfect back-flip because he was good at them when he was a teenager and hurting his back as a consequence, despite being advised not to attempt the jump, is an example of a situation which would be hard-pressed to label as negligence. Leaping into a foam pit which has an inadequate amount of cushioning to prevent damage on the landing, however, would be grounds for a substantial compensation claim.
Again, it is important to be able to show negligence on the part of the trampoline park. As a parent, you have a responsibility to see that your child is following the park rules – this includes ensuring that they pay attention to any introductory videos or safety presentation and have properly understood those rules.
If your child becomes hurt in a situation that was due to a failure by the park to properly uphold their duty of care, then you can put forward a claim for financial compensation. It is important, however, that the child was following all the safety procedures of the park as was explained and any requests made of them by park staff.
In the case of younger children, it is important that they were properly supervised by you or another responsible adult – the liability for an accident by a child who was inadequately supervised is likely to fall on your shoulders as their responsible guardian.
A child who was injured through his or her own fault will not be entitled to compensation.
Many trampoline parks are converted into “inflataparks” – huge versions of a child’s bouncy castle that provide similarly energetic entertainment as a trampoline park, but in a friendlier-feeling setting.
In terms of the law and the ability to make a compensation claim, there is no difference between a trampoline park and its inflatable cousin, and the process for showing liability is the same.
Soft-play areas and gyms also follow the same set of government guidelines and are subject to the same degree of legal scrutiny.
In all cases, whether or not a waiver has been signed, the organisation or company involved is liable if found to be negligent in their duty of care.
Sensationalist news over the past few decades has long tried to suggest that if a claim for compensation is made against a company, the ensuing legal costs and financial package awarded to the victim are enough to bankrupt the company and put the people working there out of a job. This propaganda serves to dissuade people from claiming the compensation that is rightfully theirs but has little bearing to truth.
In reality, companies that have dealings with members of the public will always have high levels of business liability insurance that is there to protect them from any accidents and compensation claims presented against them.
When you make a claim for financial compensation against a trampoline park, the entire matter is settled by the insurance company (often far before the case gets brought to an actual court), and the financial impact on the trampoline park’s owners is little more than a rise in their annual insurance premium!
It is your legal right to be correctly and adequately compensated if you have suffered an injury that was not your fault – do not be put off making a claim from a misguided sense of guilt. Remember, you are suffering from an injury that may have made you lose earnings from work, or worse, completely alter your future and heavily impact your quality of life. It is only right that you are given some sort of compensation for that.
Call us for free at Accident Line Direct today. Our specialist personal injury lawyers are on hand to help you get the best financial compensation for your injury.
We work on a No Win No Fee basis and tie our fortune in with yours – if your case is won, then we take a small percentage of the final award (typically capped at 25% of the compensation award), thus the more we can win for you, the better we do for ourselves. There is no misleading small print and no hidden costs – if we fail to win your case, then it won’t cost you a penny.
If you have been injured at a trampoline park through their negligence, then get in touch. You can phone today or fill in our contact form to have one of our advisors call you at a convenient time.