Trampoline park execs face prison after string of accidents

Trampoline-related injuries account for half of all emergency admissions for children under the age of 14 in the UK, according to the British Medical Journal.

This week, shocking news emerged about incidents at the Flip Out trampoline park in Chester, revealing a sequence of devastating events.

Two former executives of the venue are facing a prison sentence following numerous injuries, including 11 cases of fractured spines. David Elliott Shuttleworth and Matthew Melling, both 33 years old, admitted to charges related to health and safety violations during a recent appearance at Chester Crown Court.

The charges stem from an investigation conducted by the public protection team of Cheshire West and Chester Council. The investigation looked into 270 documented accidents involving the public at Flip Out Chester over a seven-week period.

Many young individuals suffered significant injuries while using the Tower Jump, a prominent feature at the then-newly-opened attraction.

Shuttleworth and Melling claimed that, at the time, the Tower Jump was hailed as the largest of its kind in the world. Shuttleworth resigned as the business director in July 2018, and Melling followed suit in January 2020.

WHAT TO DO IF YOU ARE INJURED AT A TRAMPOLINE PARK

If you have an injury at a trampoline park, it’s essential to take steps immediately.

Get medical attention: Prioritise your health and well-being. If the injury is severe or if you’re unsure of its seriousness, don’t hesitate to call for medical assistance or visit a hospital.

Report the incident: Notify the trampoline park staff or management about the accident and your injury. This documentation is crucial for potential future claims.

Ask that they complete the accident book and check what is written down carefully if you are asked to sign this.

Gather evidence: If possible, collect evidence related to the incident, including photographs of the area where the injury occurred, your injury itself, and any hazards that contributed to the accident.

These facilities usually have CCTV, request a copy immediately and follow this up in writing.

Obtain witness statements: If there were witnesses to the incident, ask for their contact information and statements about what they saw.

Preserve medical records: Keep detailed records of all medical treatment, including doctor’s notes, prescriptions, bills, travel expenses, and parking charges.

Contact a solicitor: Consider consulting with a personal injury solicitor, such as NV Legal, who specialises in occupier’s liability or recreational injuries. They can provide guidance on your legal options and potential claims.

Review park policies: Familiarise yourself with the trampoline park’s policies, including any waivers or rules you may have agreed to upon entry.

Keep communication records: Document all communication with the trampoline park, its staff, and your healthcare providers regarding the incident and your injury.

Notify your insurance: Inform your health insurance providers about the incident and injury, as they may be able to recover their outlay for medical treatment and / or rehabilitation as part of your claim.

Follow medical advice: Adhere to the treatment plan prescribed by your healthcare provider to ensure the best possible recovery.

Remember that if you believe the injury resulted from the park’s negligence, you may have legal grounds to seek compensation for your injuries, pain and suffering, medical expenses, and other out-of-pocket expenses. Consulting with a personal injury solicitor can help you determine the best action.

INJURIES

We have several ongoing cases for injuries sustained at trampoline parks. Cases we’ve managed have included severe limb injuries, fractures to the ankle, and substantial injuries to the head and face, including fractures to the jaw and cheekbones.

Leg injuries, including fractured legs, ankles and knee damage, top the list as the most frequently affected body parts in trampoline accidents. Spinal injuries and arm injuries resulting from awkward falls are also high on the list.

In trampoline parks across the UK, the other main injuries typically include:

Sprains and strains
Fractures, particularly to the wrist, arm, and ankle
Head injuries, such as concussions
Facial injuries
Soft tissue injuries
Dislocations
Bruises and contusions
Cuts and abrasions

CAN I CLAIM COMPENSATION FROM A TRAMPOLINE PARK?

Trampoline parks in the United Kingdom are mandated to demonstrate adherence to the Publicly Accessible Specification (PAS), a standard established through collaboration between the International Association of Trampoline Parks UK, British Standards, and the Royal Society for the Prevention of Accidents (RoSPA).

The possibility of pursuing a compensation claim against a trampoline park hinges largely on the specific details of the incident and whether the park bears responsibility. While the courts acknowledge that trampolining inherently involves a certain level of physical risk, legal accountability can surface when the trampoline park neglects safety protocols or fails to take reasonable precautions to prevent accidents.

Instances where a trampoline park might find itself legally responsible for accidents include:

Malfunctioning equipment
Inadequate padding or safety equipment
Absence of proper supervision
Incorrect execution of manoeuvres, like flips or somersaults, without adequate training or warnings

While certain parks may mandate waiver forms on entry, it’s important to note that compensation can still be pursued if the park owners are found negligent. Negligence factors may encompass unsafe equipment or insufficient monitoring and supervision by the staff.

The compensation amount you may be entitled to is based on the gravity of the injury. We offer a personal injury calculator on our website’s homepage to assess potential compensation.

Our calculator is founded on the latest edition of the Judicial College Guidelines, enabling you to explore potential entitlements for different body parts. Visit www.nvlegal.co.uk and click on the respective body parts for more information.

VISITING A TRAMPOLINE PARK SOON?

When visiting a trampoline park with children, RoSPA advises carers to inquire about the following:

Has the park collected information about you, including any pertinent medical conditions, and obtained emergency contact details?
Did the park offer a comprehensive safety briefing to all participants?
Have they ensured that everyone comprehends the safety briefing?
Are the park’s rules clearly and prominently displayed?
Are the park monitors and staff diligently enforcing the rules, such as the one-person-on-the-trampoline policy?
Is the park affiliated with the UK1ATP (United Kingdom Association of Trampoline Parks)?

Additionally, and crucially, we recommend verifying if the park possesses public liability insurance.

NV LEGAL

If you would like further information on any of the issues covered contact us for a FREE no-obligation consultation. A solicitor, with experience in trampoline injuries, will answer your query.

Call – 03308 281 587

Email – info@nvlegal.co.uk

Website – nvlegal.co.uk

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