A Guide to Claiming Trampoline Injury Compensation
If your life, or the life of a loved one, has been affected by a trampoline injury we can help.
The purpose of this guide is to help anyone who has suffered a trampoline injury and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.
Trampolining has experienced a huge growth in popularity in recent years. According to RoSPA (Royal Society for the Prevention of Accidents), more than 200,000 trampolines were purchased in 2014 for use at home and in the last 3 years, 140 trampoline parks have opened across the UK.
However, the increase in numbers of people participating in trampolining has led to higher numbers of people sustaining injuries. Figures obtained by the BBC show there were 315 ambulance call outs to just 30 trampoline parks in the 12 months to April 2016 and one orthopaedic doctor has noted that since 2014, more than 6,000 people have reported injuries caused by trampolines.
What type of injuries might be sustained by trampolining?
Injuries caused by trampolining accidents range in severity and are typically incurred by people landing awkwardly after somersaults or flips. Broken legs are the most common injury, but trampoliners may sustain neck and spine injuries, sprains and strains, abdominal traumas, broken arms and elbows and head injuries. Serious injuries, such as fractured spines, are not uncommon and may be life-changing.
Accidents may also happen where trampoliners collide, or where one trampoliner falls onto another
Can trampoline accidents be avoided?
Using a trampoline has always been recognised as a potentially dangerous activity and improvements to trampoline use and safety have been introduced over a long period of time.
Customers at trampoline parks have a duty of care to themselves and others and must use the equipment within prescribed guidelines and avoid unnecessary risks.
Owners and operators of trampoline parks have a duty to protect customers from injury and must advise them of the correct use of equipment and the health and safety risks of ignoring the instructions. All equipment must be regularly checked and maintained and any potentially defective equipment removed from use.
Anyone who owns a trampoline, including privately owned equipment, must ensure it is safe for use.
Do I have a trampoline injury claim?
It should be possible to make a trampoline injury claim if you were injured:
- within the last three years, and;
- another person was to blame, and;
- that person owed you a duty of care.
Find out whether you may have a claim with our Online Claim Checker:
What are the exceptions?
If these two points don't apply to you, you may still be able to make a claim.
It costs nothing to find out - you can speak to a legal expert on 0800 612 7456.
A short call will tell you exactly where you stand. We will not put you under pressure to make a compensation claim.
What if a child was injured?
The 3 year rule does not apply to minors.
A claim can be pursued for anyone under the age of 18 by a parent, guardian or litigation friend. The injured child has up to the age of 21 to start a trampoline injury claim on their own behalf.
Do I need a final diagnosis to make a trampoline injury claim?
If you have been injured and are awaiting the results, you should still seek legal advice as soon as possible. The sooner you start a trampoline injury claim after an accident, the more likely your claim is to succeed.
What should you do if someone is injured while trampolining?
Accidents at trampoline parks should be reported immediately to the staff. It may be necessary to call an ambulance if someone has fallen from a trampoline. Neck, back and head injuries may be caused by such falls from height and it is recommended that the injured person is not moved.
It is advisable to obtain medical advice even for less serious accidents, particularly when the incident may have been the result of a third party's negligence. Any medical records may be used as evidence if the injuries sustained mean bringing a claim for compensation at a later date.
The amount of money you could claim for your trampoline injury will depend on:
- the extent of your injury, and
- any financial losses or costs you have incurred.
At the start of your claim, your solicitor will consider the many ways your trampoline injury has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.
This calculation will factor in 'general damages' and 'special damages'.
General damages are awarded for pain, suffering and loss of amenity (PSLA).
Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.
Special damages are for financial losses and expenses you have incurred as a result of the accident.
What can I claim for after a trampoline injury? (see list)
Examples of special damages (losses you can claim for) include:
- Lost earnings (including future earnings)
- Medical treatment costs
- Travel costs
- Costs of care
- Costs of adapting your home or car
How is compensation calculated if I have multiple injuries?
If you have sustained multiple injuries, the compensation amounts are not simply added together.
The upper bracket of the most serious injury may be considered as a starting point, with a reduced amount applied for the other less severe injuries.
General damages for a serious head injury can be £30,000
For a less severe leg injury, in isolation, you would typically receive £7,200.
However, if you have a serious head injury and a less severe leg injury, you would typically receive £30,000 + a reduced percentage of £7,200.
Special damages, such as loss of earnings are not usually increased if you have multiple injuries.Read more about multiple injury claims
What is the average injury compensation for a trampoline injury claim?
The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.
However, the money you would receive following a trampoline injury will depend entirely on your specific circumstances.
Your trampoline injury compensation will be calculated based on the unique impact your injuries have had on your life, your ability to work, and the actual financial losses you have incurred as a result of your injuries.
See the injury table above for some examples.
Can I claim for physiotherapy and private care costs?
Private treatment can be expensive, but funding towards the cost of this treatment frequently comprises part of a compensation award. Your solicitor may even be able to arrange access to private medical care as soon as your claim is accepted.
Trampoline injury compensation
Calculating how much compensation you can claim for a trampoline injury can be complicated.
Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.
Find out what your trampoline injury claim could be worth now:
How long does a trampoline injury claim take?
The length of time needed to secure compensation for a trampoline injury can vary significantly.
A straightforward liability accepted public place accident claim could be settled in a few weeks. However, if liability is denied a compensation claim can take longer. Typically, a public place accident claim will take 6 to 9 months. For more information, see:How long will my claim take?
Will I still be able to claim for a trampoline injury after the law changes in April 2021?
The law relating to personal injury claims is changing in April 2021.
You will no longer be able to claim no win, no fee compensation using a solicitor for lower value claims (under £5,000).
In addition, compensation for whiplash and other soft-tissue injuries will be reduced.
Caring and sensitive support
Your solicitor will handle your trampoline injury claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to help you with:
- Financial support: interim payments while you are unable to work.
- Advice: on personal injury trusts, tax and welfare benefits.
- Coordination: with rehabilitation providers and therapists.
- Access: to treatment and therapies not always available on the NHS.
How did your injury occur?
The claims process that your solicitor follows will vary, depending on how the injury occurred:
No win, no fee - the facts
No win, no fee removes the risk from making a trampoline injury claim. If your claim is unsuccessful, you won't have to pay your solicitor any legal fees.
Our no win, no fee guarantee
If you have been injured through no fault of your own, our no win, no fee guarantee takes the risk out of making a trampoline injury compensation claim.
What do I pay if I win my trampoline injury claim?
Your injury solicitor will receive a success fee which is deducted from your compensation, once your claim is settled. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.
What do I pay if I do not win my trampoline injury claim?
If your trampoline injury claim is not successful then you won't have to pay your solicitor any fees. Your solicitor may take out insurance to ensure there will be nothing to pay.
How do personal injury solicitors get paid?
If your trampoline injury claim is successful, the defendant, or their insurer, will pay the compensation and your solicitors fees.
How can Quittance help?
Your solicitor will fight for the best possible compensation settlement for you, the highly-experienced panel of solicitors have an excellent track record of winning injury claims.
If you have any questions, or would like to start a No Win No Fee claim, we are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.
Call us FREE 0800 612 7456 or arrange a callback:
if you can claim
to start a claim
Trampoline injury FAQ's
Can I claim for someone else?
Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.
If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.
The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.
Can I claim if I was partly responsible for an accident?
You may still be able to claim compensation even if you contributed to your accident or to your injuries.
However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.
How long do I have to make a trampoline injury claim?
In general, you have a time limit of up to 3 years from the date of the trampoline injury to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your trampoline injury claim becomes 'statute barred'.
Can I claim for a trampoline injury after 3 years?
Possibly. The general rule for adults is that a claim must be started within three years.
However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.
If you were injured as a child, you do have up until your 21st birthday to make a claim.
There other circumstances that can also impact the limitation date. Call us now on 0800 612 7456 to find out if you are still able to claim trampoline injury compensation.
In reality, there are a number of factors that can affect whether a trampoline injury claim will be taken on by a solicitor.
Will I have to go to court?
Highly unlikely. The vast majority of claims that are settled by the solicitor panel are settled out of court.
Only a very small percentage (approx. 5%) of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.
Cases that do ultimately go to court are held in front of a judge, not a jury.
Will I have to go to a solicitor's office?
No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.
Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.
Can I get an early compensation payment?
If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.
An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.
About the author
Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.
Read more about this Quittance Legal Expert