In a gruesome story detailed by various news outlets worldwide last month, a 12-year-old boy from Lincolnshire in England was impaled by the spring of a trampoline at his friend’s home.
Because the trampoline was owned by another family, the question of who might be responsible in this case is a hard web to untangle. The case also raises larger questions (especially given the staggeringly high rate of trampoline-related injuries worldwide on a yearly basis) about public liability injury claims involving trampolines who is liable for those injuries, and under what circumstances?
What happened in this case?
According to a report from the BBC, the young boy was playing in a garden at the friend’s home with several other young children when “he came up with the idea of all of them jumping on the trampoline” at the same time. When they did, the spring broke off from the trampoline itself, and became lodged in the young boy’s back.
Another report, from The Sun, noted that he didn’t actually land on the spring itself it actually “catapulted” off the trampoline before injuring the youngster (which brings further complications to the question of liability, as discussed below). The boy was rushed to the hospital, where the spring was removed from his body.
Who might be liable in cases involving trampolines?
The question of who is liable when someone gets injured on a trampoline can be surprisingly complex. But in most cases, it is one of three different figures: Either the person who owns the trampoline, the person who caused the accident, or the trampoline manufacturer itself.
What parties might be due compensation for specific trampoline injuries?
The question of who is liable in trampoline injury cases depends on so many variables that it can be hard to determine even numerous details have been confirmed like in the story told above.
But the most important facts that will guide liability, and thus who is due compensation, include the following: Who or what caused the injury? Who, if anyone, was supervising? Did the trampoline function according to specifications? And if not, then why not? Only after all these questions have been answered can liability be considered.
For guidance on who might be liable in specific injury cases involving trampolines, contact the experts at Gerard Malouf & Partners Compensation, Medical Negligence & Will Dispute Lawyers, who can, as always, offer expert legal advice on the subject.