Trampolining has long been a popular activity, undertaken for both fitness and fun. Unfortunately it can also be dangerous activity and as trampoline parks become more common in the UK they now often find themselves facing difficult questions when accidents occur. In turn this has resulted in an increase in the number of people asking us, ‘Can you sue a trampoline park?’
Whether you can sue a trampoline park for compensation very much depends of the circumstances of the accident and whether the park itself was at fault. The courts accept that trampolining is an activity where some degree of physical risk is inevitable, but legal liability can arise where safety measures have not been followed by the trampoline park or reasonable steps have not been taken to ensure that an accident does not happen.
Trampoline accidents that can result in a trampoline park becoming legally liable include:
- faulty equipment;
- insufficient padding or safety gear;
- lack of supervision; or
- wrongly performing a move such as a flip or somersault without having any proper training, warning or induction.
The most common body part to be injured in a trampoline accident is the leg, with broken legs or damage to knees being particularly prevalent. Spinal injuries can also be suffered, as well as arm injuries from awkward falls. These injuries can have severe and long-lasting effects on a person, requiring long term medical treatment and reducing a person’s ability to work.
Children can be particularly vulnerable to injury because of their smaller size, higher energy levels and lack of experience. Trampoline parks must take these factors into account when putting measure in place to protect their customer’s safety.
One of the most important factors to take into account when considering ‘Can you sue a trampoline park?’ is whether you can prove that the park has been ‘negligent’. This means that they must have failed to take reasonable action to prevent an injury arising. Furthermore, if the injury would still have been sustained even if the trampoline park had acted differently then a claim is unlikely to succeed.
Examples of ‘negligence’ include the following:-
- Insufficient safety information, such as signs, safety video, instructions from staff;
- Unsafe instructions being issued by staff members; and
- Poorly maintained or faulty equipment such as damaged covers at the edge of the trampoline beds exposing the springs.
If you are unsure whether your injury was caused by negligence then please get in touch with us so that we can advise you.
Most trampoline parks make their customers sign a waiver before entry. However this does not prevent a compensation claim if they have been negligent and this negligence has caused you harm, so please do not let the fact that you have signed a waiver stop you from seeking legal advice.