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Trampoline parks, fun but not without risk

Wednesday 15th June, 2016

Trampoline parks, fun but not without risk

 

With the recent surge in trampoline parks breaking into the UK market this is an exciting time for all, whether it be children wanting a fun day out, fitness fanatics trying the newest 'trendy' workout or entrepreneurs opening new franchises across the UK. There is a real demand for these centres demonstrated within the North West alone where there are a number of parks including Jump Nation in Manchester, Energi in Wilmslow, Jump Warehouse in Warrington and the newest edition Jump Xtreme in Altrincham.

 

It is important however to remember that this can be a dangerous, even life changing activity. Aegis Legal Paralegal Nathan Bunch who has a specialist background within this area being a qualified UKCC Trampoline Gymnastics Level 2 Coach says 'typical trampolining accidents include broken wrists, anterior crucial ligament injuries and spinal damage.'

 

The orthodox trampoline class will usually be held in a local leisure centre where you will have a qualified instructor, British Gymnastics insurance and official progressions to teach new elements and skills. Even in these environments you are not without risk and it is important to remember that accidents do happen but the key factor to consider is whether this could have been prevented if reasonable steps had been followed.

 

There have been a number of accidents at parks across the UK since their ever growing popularity, including a Council investigation in 2015 into the trampoline park Ryze in Dalkeith where more than 100 incidents were reported in three weeks, including a broken back.

 

Those of you that are familiar with such trampoline parks will know that before you can partake you must sign a form of health and safety waiver with no exceptions. These waivers typically cover a number of areas such as agreeing to perform actives in accordance with the safety rules or acknowledging the provider will not be liable for damage in connection with the activities. They often give the impression that should anything go wrong the provider will not be at fault.

 

This is not the case and it is essential to remember you still have certain legal rights, waiver or not. In particular, under s2(1) of The Unfair Contract Terms Act 1977 it states 'A person cannot by reference to any contract term or to a notice given to persons generally or to particular persons exclude or restrict his liability for death or personal injury resulting from negligence.' The test is whether the accident could have been avoided by taking reasonable steps.

 

Negligence can occur in a number of different ways at these parks, such as:

•   Insufficient staff

•   Staff not supervising properly

•   Allowing dangerous behaviour

•   Allowing multiple persons on one trampoline

•   Overcrowding

 

The key point to remember is that whilst you may sign a waiver before you or your child jump, this does not mean that you cannot make a personal injury claim for negligence by the provider. In the same way that bungee jump or skydiving providers cannot act negligently without being liable for injuries, trampoline park providers can be held responsible in the eyes of the law for accidents despite what the waivers may have you believe.

 

If you have suffered a personal injury or know somebody that has suffered during their experience at a trampoline park we are here to help. With expert legal advice our specialist team are able to assist while you can rest assured that you will receive the best professional advice and the compensation you deserve.

 

Nathan and the team can be contacted on 01565 872220 or e-mail info@aegislegal.co.uk

 

 


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