How To Claim For A Trampoline Jumping Accident
By Mark Anderson. Last Updated 15th March 2021. Welcome to our guide, which covers how to handle a trampoline accident compensation claim. Trampolines have always provided fun and exercise for adults and children alike. Over the past decade or so, they have become affordable, which means more people now have them in their gardens. As well as trampolines at home, the popularity of trampoline parks has increased massively. While these trampoline parks have safety measures in place, accidents can still happen, and you may be able to claim compensation for an accident on a trampoline if it was caused by somebody else’s negligence.
This guide looks at when you could be eligible to file a trampoline injury claim, what evidence you need to provide, and what compensation level might be awarded in a successful personal injury claim against a responsible party.
Here at Legal Helpline, we could help you make a claim for yourself or on behalf of your child. We provide free legal advice and a no-obligation assessment of your claim. If one of the solicitors on our panel agrees to handle your claim, it will be on a No Win No Fee basis. To discuss your claim with us straight away, you can call an adviser on 0161 696 9685.
However, if you’d like more information on claiming for a trampolining injury before calling, please continue reading.
Jump To A Section
- A Guide To Claims For Accidents On A Trampoline
- What Is An Accident On A Trampoline?
- Trampoline Park Operators Duty Of Care
- Statistics – Accidents And Injuries On Trampolines
- I Signed A Waiver. Could I Still Make A Compensation Claim?
- Accidents In A Trampoline Park Or Gym
- Types Of Injury Sustained In Accidents On A Trampoline
- Claim For A Knee Injury Caused By An Accident On A Trampoline
- How To Claim For A Back Injury Caused By An Accident On A Trampoline
- Claim For A Break Or Fracture Caused By An Accident On A Trampoline
- Could I Claim For A Trampoline Accident At Home?
- Calculating Compensation For An Accident On A Trampoline
- Special Damages Personal Injury Claims May Include
- Steps To Take If Injured Using A Trampoline
- How Our Team Could Help You If Injured On A Trampoline
- No Win No Fee Claims For An Accident On A Trampoline
- Begin A Claim For An Accident On A Trampoline
- Trampoline Safety And Claims Resources
A Guide To Claims For Accidents On A Trampoline
The cost of garden trampolines has dropped massively over the last few years and made them a lot more affordable. However, not everybody has the space in their garden for one. That could be a reason why the number of indoor trampoline parks has increased recently.
Trampoline accident compensation claims
While park operators try to prevent trampoline injuries by providing safety briefings to all guests, accidents can still happen. Therefore, we’ll look at the park operator’s duty of care, what types of accidents can happen, common injuries and when the operator might be liable for any injuries you may have suffered.
When you make any injury claim, you’ll need to demonstrate:
- That you suffered some form of injury.
- Following an accident caused by somebody else’s negligence
- And that person owed you a duty of care
If an adult is claiming, they need to do so within the personal injury claims time limit. In most cases, this is 3 years from the date of the accident. However, the most common trampoline park customers are children. If your child is injured in an accident on a trampoline, then you could claim on their behalf. Should this be the case, the time limit differs as follows:
- You can claim for them at any point before they turn 18-years old
- if you’ve not claimed, your son or daughter has 3 years to make their own claim when they turn 18. In short, the 3-year time limit starts when they are 18, and they have up till they are 21 to do so
We’re going to provide as much information about claiming for trampoline accidents as we can in this guide. We also answer some common questions like:
- What is the most common injury on a trampoline?
- How can I prevent a trampoline injury?
- Can I claim for injuries on my home trampoline?
If you have any other questions, please don’t hesitate to call an adviser for free advice today.
What Is An Accident On A Trampoline?
When we talk about making a trampoline accident compensation claim in this guide, we’re talking about those where the accident’s cause is the negligence of a trampoline park operator. Essentially, if a park operator could’ve foreseen the accident occurring but didn’t take steps to prevent it, you could be liable to claim compensation for injuries sustained.
Trampoline Park Operators Duty Of Care
Operators of trampoline parks have a duty of care towards the safety of all customers. This means they must take steps to identify any risks and remove or reduce them. To do this, they should:
- Ensure all trampolines are maintained according to manufacturer guidelines
- Isolate any damaged trampolines and repair them before allowing customers on to them
- Make sure all customers wear the correct clothing
- Ensure training is provided on the safety rules before anybody uses the trampolines. This could be a verbal presentation or video presentation
- Manage areas such as foam pits to make sure only one person uses them at a time
- Have adequate supervision at all times
Should any of the above not happen and an injury is sustained as a result, you could be entitled to claim against the responsible party if you suffered an injury.
Statistics – Accidents And Injuries On Trampolines
According to the BBC Radio 5 Live show, the number of trampoline parks nearly quadrupled in recent years before Coronavirus-related restrictions. The report stated that ambulances had been required to attend trampoline parks over 300 times in a typical year. Hence the number of people making a trampoline accident compensation claim.
With respect to garden trampolines, information from The Royal Society for the Protection of Accidents (ROSPA) indicated that over 200,000 are sold annually. Their trampoline accident statistics also stated that:
- 60% of injuries were caused when multiple people used the trampoline together
- Nearly half happened when adults didn’t supervise
I Signed A Waiver. Could I Still Make A Compensation Claim?
As you ask, “I had an accident on a trampoline, could I claim compensation?”, you may wonder about waivers. Namely, many people believe they can’t claim for an accident on a trampoline because they signed a waiver. While that might be true if you breached the waiver’s terms, an example being that you failed to adhere to safety instructions, it’s not always the case.
For instance, if your accident was caused because of faulty equipment or because a lack of supervision allowed others to break safety rules and cause you an injury, then you could be entitled to make a claim. Therefore, don’t hesitate to call us if you believe your injuries were caused by negligence, even if you did sign a waiver.
Accidents In A Trampoline Park Or Gym
We’ve covered this quite comprehensively already, but it’s worth repeating. It’s possible to make a trampoline accident compensation claim for an injury in a trampoline park (or a gym) if the accident was caused by the operator’s negligence. This could include not providing training, not having enough supervisors available, or because a damaged trampoline caused your injuries.
Types Of Injury Sustained In Accidents On A Trampoline
Over the next few sections, we look at some common injuries that could lead to a claim. These include:
- Trampoline leg injuries
- Trampoline neck injuries
- Arm injuries on trampolines
Importantly, if you don’t see the type of injury you’ve sustained in our guide or the compensation table, don’t worry, as we could still help you claim. Please get in touch and let us know what happened. We’ll assess your claim for free and let you know whether you could be entitled to compensation or not.
Claim For A Knee Injury Caused By An Accident On A Trampoline
If you land awkwardly while trampolining, it’s possible you can twist your knee, fracture it, or tear the meniscus. Preventing trampoline injuries of this type could involve warming up and stretching before a session. However, if the accident was caused because a supervisor failed to stop somebody else from entering your trampoline or because the trampoline was defective, you could be entitled to make a trampoline accident compensation claim against the party who could be held responsible.
How To Claim For A Back Injury Caused By An Accident On A Trampoline
An accident on a trampoline that results in back injuries can have serious consequences. In some cases, a fractured vertebrae or damaged discs could be life-changing. Other injuries can be less serious but still lead to months or weeks of pain and suffering.
Some possible reasons that a trampoline accident could result in back injuries include:
- Where the jumper misses the trampoline bed and lands on the side, but safety padding was inadequate, missing or had moved out of position
- If another customer jumped on to your trampoline while you were mid-air and caused you to land awkwardly
- Where you attempted to flip while mid-air and missed your landing
Obviously, in some cases where you are trying to jump above your ability level, it might be tricky to claim against the operator. However, if the accident was caused by the negligence of another party, then you might have a chance of claiming. Please call us to discuss your options.
Claim For A Break Or Fracture Caused By An Accident On A Trampoline
Other common injuries caused in trampoline accidents involve breaks and fractures, some of which are a lot more serious than others. For instance, a trampoline leg injury resulting in a clean fracture might take 6 weeks to heal. However, a trampoline injury causing a neck fracture could cause serious complications for the rest of the injured party’s life.
Whatever the cause of the accident, if you can show that you’ve suffered a fracture on a trampoline because of a negligent act of a third party, we could help you begin a trampoline accident compensation claim.
Could I Claim For A Trampoline Accident At Home?
Claiming for an accident on a trampoline at home is probably a lot trickier. The only way this could happen is if you can show that a manufacturing defect caused the accident. Or the instructions for use were unclear.
Trampoline injury prevention instructions should be clear and include guidance which includes that only one person at a time should use the trampoline and maximum weights the trampoline is safe for. Please call to check whether you could claim for this type of injury.
Calculating Compensation For An Accident On A Trampoline
In this section, we look at potential compensation amounts for certain injuries. It’s important to note that every claim is unique and includes multiple parts. The personal injury claims compensation table below makes up just one part of your claim. A more personalised estimated compensation amount might be possible once your claim has been assessed.
Type of Injury | Severity | Compensation Bracket | Details |
---|---|---|---|
Neck | Moderate | £12,900 to £23,460 | This bracket covers wrenching-type and disc lesion injuries which cause limited movement, recurring or permanent pain, stiffness and the possible requirement for surgery. Also, claimants could become vulnerable to further neck injuries. |
Neck | Minor | £2,300 to £4,080 | Soft tissue injuries to the neck which take between 3 months and a year to heal. |
Back | Moderate | £11,730 to £26,050 | Injuries to the back that cause disturbance to muscles or ligaments and cause backache can be included in this bracket. |
Back | Minor | £7,410 to £11,730 | Soft tissue injuries of the back which takes between 2 to 5 years to recover fully but no surgery is required. |
Shoulder | Serious | £11,980 to £18,020 | A dislocated shoulder with damage to the lower part of the brachial plexus which causes shoulder and neck pain is an example of an injury covered by this bracket. |
Shoulder | Fracture | £4,830 to £11,490 | This bracket covers a fractured collarbone. |
Arm | Fracture | £6,190 to £18,020 | A bracket that covers simple fractures of the forearm. |
Wrist | Fracture | Up to £6,970 | Simple fractures of the wrist (such as a Colles' fracture). |
Leg | Moderate | £26,050 to £36,790 | Includes complicated or multiple fractures of a single leg. Factors like the amount of treatment required and the imperfect union of fractures will determine compensation amounts. |
Knee | Moderate | £13,920 to £24,580 | A dislocated knee, torn cartilage or torn meniscus could all be covered by this bracket. |
Ankle | Moderate | £12,900 to £24,950 | A fractured ankle or torn ligaments in the ankle which cause disabilities like difficulty standing or walking for long periods. |
The figures shown are from a document used by solicitors, insurers, and courts called the Judicial College Guidelines (JCG). Each injury is based on how severe it is. Therefore, it’s vital that a solicitor can demonstrate the exact nature of your injuries and how they’ve affected you.
Our panel of solicitors insists on a medical assessment by an independent doctor. This will be carried out as locally as possible so that you don’t have to travel far. The doctor will perform a physical examination of your injuries and ask some questions. Once they’ve finished their assessment, a report would be produced detailing your injuries, the impact caused and if there are likely to be any ongoing symptoms.
Your solicitor would use the report as evidence to ensure any compensation awarded is at the right level for your suffering when making a trampoline accident compensation claim.
Special Damages Personal Injury Claims May Include
When claiming for a trampoline jumping accident, your solicitor will use two main parts, namely general and special damages. General damages are awarded for pain and suffering induced by your injuries. Examples were in the table from the previous section of this guide. Special damages, however, are paid to compensate you for financial losses caused by your injuries.
Here are some examples of special damages that could be included in your claim:
- Travel Costs
If you need to travel too and from medical appointments, the cost of fuel and parking fees can soon build up. Therefore, you could ask for these costs back. - Medical Fees
Following any treatment, you might have to pay for prescription medicines. If that’s the case, they could be claimed back. If you’re claiming on behalf of your child, the prescription will be free, but you could still claim for over the counter medicines like painkillers. - Care Costs
If it’s you that’s been injured and you need caring for, you could claim back any carer’s fees that you have to pay. However, if you have to care for your child while they recover, then your time might be compensated too. - Property Damage
In some cases, it’s possible to claim back the cost of the damaged property. For instance, if clothing was torn or damaged in the accident, then you could ask for the cost of replacing it. - Lost Earnings
In cases where you’ve been injured and need time off work to recover (or visit your GP), you could claim back any income you lost as a result. Also, if you or your child have suffered injuries that will affect the ability to work in the long-term, then compensation could be awarded for future lost income too.
Steps To Take If Injured Using A Trampoline
We’ve looked at potential compensation amounts, so we will now consider what evidence you could provide to support your claim. If you’re involved in an accident on a trampoline, steps you could take include:
- Seeking medical attention for any injuries. This is important because medical records can be used to prove what injuries were sustained.
- Reporting the accident if it happened at a trampoline park. Businesses must record incidents in an accident report book. A copy of their report can be used to prove dates, times and injuries that were reported.
- Take photographs of the trampoline if a defect caused the accident. Try to do this before any repairs are carried out.
- Ask for copies of CCTV covering the area.
- Obtain the details of any witnesses who saw what happened
Once you’ve gathered as much evidence as possible, the next step would be to contact a solicitor to discuss whether you could claim compensation for your injuries via a trampoline accident compensation claim.
How Our Team Could Help You If Injured On A Trampoline
If you’ve now decided to claim for an accident at a trampoline park, we hope you’ll consider using Legal Helpline. Here are some things you may not already know about us:
- We operate a claim line which is open 7-days a week, 24-hours a day.
- Our advisers provide free legal advice about claiming.
- You’ll receive regular updates throughout your claim.
- Our panel of solicitors always tries to ensure you receive the right level of compensation.
- Also, they’ll work as swiftly as possible to try and make sure they’re not the cause of any delays.
Should you need any more information about how we could help you claim, please contact an adviser today.
No Win No Fee Claims For An Accident On A Trampoline
If you’re considering claiming for an accident on a trampoline, you might be worried about the costs involved. To reduce the financial risks involved in claiming, our panel of solicitors offer to work on a No Win No Fee basis for any claim they take on. This means the claims process is less stressful and enables more people to claim the compensation they could be entitled to.
When the solicitor has assessed your trampoline accident compensation claim and agreed to take it on, they’ll prepare a Conditional Fee Agreement (CFA) for you. This is your contract with them, and it provides some important information about fees. This includes:
- The level of success fee you’ll need to pay if the claim is won.
- A statement to confirm that there are no solicitor’s fees to pay if your claim is lost
The success fee is expressed as a percentage of your compensation and is used to cover the solicitor’s fees when a claim is settled in your favour. It will be deducted automatically from your compensation before it’s paid to you.
To determine whether you could claim on a No Win No Fee basis, please contact us on the number at the top of the screen.
Begin A Claim For An Accident On A Trampoline
If you’ve found the information in our guide useful and now want to make a claim, you can contact Legal Helpline to begin your claim. If that’s the case, here are our contact details:
- Telephone: Call our specialist advisers on 0161 696 9685
- Live chat: Connect with an adviser using live chat from any page on our site.
- Call back: To arrange a call from one of our team, please use our online enquiry form.
The claims process will begin with a no-obligation of your claim. Our team will look at what happened, the injuries sustained, and any evidence you can provide. Then, if the case has strong enough grounds, they could introduce you to a personal injury solicitor from our panel. Any claims that they agree to take on are handled on a No Win No Fee basis.
Trampoline Safety And Claims Resources
Thanks for taking the time to read our guide about a trampoline accident compensation claim. Hopefully, you’ll now have all of the information you need to decide whether you’ll begin a claim or not. We’ve provided some more useful guides for you below and also some external links too.
Trampoline Park Safety – Information on trampoline safety from ROSPA, a UK-based accident prevention charity.
Broken Bone Information – This guide from the NHS provides information on the diagnosis of different types of broken bones.
Back Pain – Information from the NHS on the causes and treatment of back pain.
Ankle Injury Claims – A guide that shows when a personal injury lawyer could help you claim for different types of ankle injuries.
Public Park Accidents – This guide covers personal injuries claims for injuries sustained in a public park.
Wrist Injury Claims – In this guide, we look at claiming for a wrist injury as this is a fairly common trampoline injury.
Trampoline Accident Compensation Claim FAQs
Could I sue a trampoline park?
Yes. Even if you have signed a waiver, you could still file a claim against a trampoline park. This assumes that you can prove their negligence as the primary cause of the accident. The Unfair Contract Terms Act (1977) prevents companies from refusing liability due to negligence despite the signing of a waiver.
How long does it take to receive payment for a compensation claim after a settlement?
Normally, it takes around 14-28 days to actually receive compensation once all have agreed upon a settlement figure. But this may vary, as there could be different factors that influence the timeframe of a claim. But 2-4 weeks is generally the waiting period to receive compensation.
How does the calculation process work for injury claims?
There is a clear link between the level of compensation and the extent of the injury. So, the more that you’re hurt, the more compensation you could receive. But also consider how special damages may be significant depending on the specific nature of your injury.
What is a fair settlement for a neck injury?
It all depends on the severity of the neck injury. The baseline value for a minor neck injury is £2,300. But there are varying settlement estimates for moderate, serious and very serious neck injuries. And for a severe neck injury, you could claim for as much as £139,210.
Article by BH
Editor HW
Thank you for reading our guide about making a trampoline accident compensation claim.