Indoor trampoline parks and your rights

Trampoline parks are very popular in Australia and can be a fun and healthy activity for children.

The first trampoline park in Australia opened in 2012 and – as of early 2018 – there are now 80 across the country, making trampolining the fastest growing recreational activity sport in Australia.

But unfortunately as the popularity grows, the number of serious injuries also grow. Many trampoline parks operate to a very high safety standard, but some don’t, and there is no mandatory safety standard that they need to adhere to.

How can I keep my children safe?

  • Some trampoline parks may ask you to sign a waiver prior to entering the premise. Read this waiver carefully and ask questions. Signing a waiver does not prevent you from taking legal action.
  • Use common sense. Have a look at the set up and if something concerns you, speak to the staff and enquire about safety procedures.
  • Always keep an eye on your children.

What does the Australian Consumer Law say?

Warnings under the Australian Consumer Law requires that suppliers of recreational services such as trampolining places are required to ensure the services provided are:

  • Rendered with due care and skill; and
  • Services are fit for their purpose.

While waivers offer organisations some protection, each matter needs to be considered based on the factual circumstances leading to any accident, should an injury have occurred.

Waivers serve to protect organisations from liability more effectively when combined with injury management and prevention strategies and policies.

What should you do if your child is injured?

If something does happen, grab your mobile phone and take photos of the entire area, including what you think might have cause the injury. You should also report the injury to the manager of the centre and make sure you seek medical attention.

If you sustained damages as a result of your injury, you may be entitled to a public liability claim. You can also seek damages for pain and suffering, income loss, attendant care and other relevant damages.

However, there is a statute of limitations on these types of claims. This is why it’s important to act quickly. Seek medical attention, gather all the information you need, and be organised.

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Dimi Ioannou

Maurice Blackburn Melbourne
Dimi Ioannou is a Principal Lawyer and Practice Group Leader at Maurice Blackburn Lawyers in charge of the firm’s Public and Product Liability team in Melbourne. Dimi is an accredited specialist in personal injury law. Dimi works in the area of public liability and ...

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