Trampoline Injury Compensation Claims

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.

In our guide to claiming trampoline injury compensation:

Introduction

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.
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Claim eligibility - Common questions

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.

Read more about claiming injury compensation on behalf of a child.

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.

How much compensation can I claim for a trampoline injury?

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

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

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
  • Physiotherapy
  • 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.

For example:

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.

Will I have to pay tax on my trampoline injury compensation?

If you receive financial compensation following a trampoline injury injury, specific legislation ensures that you do not have to pay tax on it. This is the case no matter whether the compensation is received as a lump sum or as staggered payments.

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:

Calculate compensation

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?

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. Read more about making a No win, no fee 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.

Is there a penalty if I withdraw?

Under a No Win, No Fee Agreement (CFA), fees may apply if a claimant refuses to cooperate, or abandons their claim after the legal work has started, or if the claim is fraudulent.

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:

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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.

Read more about claiming on behalf of another person.

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.

Read more about claiming compensation if you were partly responsible for an accident.

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.

Calculate your claim limitation date

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.

Read more: Will my injury claim go to court and what if it does?

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.

Read more: Will I have to visit a solicitor's office?

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.

Read more about interim compensation payments.

Howard Willis, Personal injury solicitor

Author:
Howard Willis, Personal injury solicitor