Client succeeds in public liability claim against a Trampoline Fun Park in Sydney
Published 08 Aug 2018
Our client was a young lady who attended upon a trampoline fun park in Sydney, New South Wales to participate in a trampoline exercise class. As part of the exercise class, our client followed instructions given by the organiser and in doing so, her foot clipped the padding between the trampolines, causing her to fall. As a result, our client suffered significant injuries to her right foot and knee requiring multiple surgeries.
Once we were retained under our No Win No Fee Personal Injury Compensation Cost Agreement, we took care of all costs associated with preparation of our client’s public liability claim including obtaining all expert medical reports and liability reports.
As liability was contentious in this claim, we obtained a comprehensive expert report on liability from a safety and ergonomics expert. The qualified expert stated that our client was exposed to a greater risk of injury as being directed to run on sprung trampolines, separated by padding created a trip hazard. We then had our client assessed by a number of medical specialists including an orthopaedic surgeon, consultant psychologist and occupational therapist to determine the nature and extent of our client’s injuries and damages.
We argued that our client contracted with the Defendant as a consumer to participate in the exercise class. Part of her participation in the class included complying with a direction from the trainer to jog around the outside of the matt assembly. In doing so, we submitted that the Defendant did not take reasonable care in ensuring that the class was safe and in failing to take such reasonable care was negligent. In addition, we argued that the exercise class was a service which was being provided to our client by the Defendant and our client’s injury was a result of the Defendants breach of duties owed under the Australian Consumer Law.
Our client claimed damages in negligence including pain and suffering, treatment expenses, past and future economic loss, loss of superannuation, and past and future domestic care and assistance which were all substantiated by way of medical evidence.
We were able to successfully resolve the matter for our client securing a settlement figure of $350,000.00 plus costs. Our client was very grateful for our assistance and felt that she had received some kind of fairness after a terrible experience.
If you have suffered personal injury and believe that someone else’s negligence may be the cause, please contact our expert personal injury compensation lawyers for an obligation free consultation on 1800 004 878.