Child's Leg Broken by Staff Member at Jump Street (trampoline park)

[dsharpstone]

Yesterday we visited a 'Jump Street' Trampoline park with my two sons, 5 and 11. I noticed from the moment we entered that staff seemed in high spirits. I was concerned that many of the staff seemed more interested in showboating on trampolines than being a Martial, as per their uniform.

One of theses Martials jumped backwards off a higher platform and landed on top of my 5 year old. He was seen by a first aider, given a cold compress and magnanimously provided with a free entry for next time. The first aider said the Centre would check with the CCTV to view the incident and deal with the individual. We took son to A&E and x rays showed the tibia is broken (bent and fractured) and now he is in a full leg cast, likely for the next 6 weeks. We have a holiday planned next week, which of course is now impossible, Christmas is ruined, and my son goes to a fee paying school which he might not be able to attend until he is mended.

A condition of the trampoline park is to sign a waiver indemnifying them from any injury - but there is no mention of injury from staff negligence. In fact I would accuse the centre of turning a blind eye to the reckless staff behaviour I observed from the moment we arrived.

What recourse or legal action can we take?

Man thanks

[des8]

Re: Child's Leg Broken by Staff Member at Jump Street (trampoline park)

Hi and welcome.

Not a very nice outcome for a treat! Trust your lad mends well and quickly.

Obviously the organisers hope thar by signing that waiver you accept you give up your rights to make a claim.
Unfortunately for them they cannot shield themselves from liability as a result of their negligence.
In fact I think that under The Unfair Contract Terms Act providers can't exclude or restrict liability for injury as a result of their negligence, but they may be updated by Consumer Rights Act 2015 (Sec 65 (1)

I would suggest an initial letter to the park, setting out the circumstances and the resulting damage, and advising them that you will be quantifying your damages in due course.

Others here might suggest other ways forward, so hang on a bit.

[dsharpstone]

Re: Child's Leg Broken by Staff Member at Jump Street (trampoline park)

Thanks Des8 for the prompt response

[Amethyst]

Re: Child's Leg Broken by Staff Member at Jump Street (trampoline park)

Waiver does exclude staff negligence - not that they'd get away with including it but makes less argument if it is in the waiver already I think this is Colchester one from the online waiver form ( if you sign a copy there do they leave you with a copy to take away?). I think that except should be accept though?

9) I expressly agree and promise to accept to be responsible for any and all risks existing and subsisting in the activity from time to time and acknowledge that their participation in the activity is voluntary and that they elect to participate despite of the risk and agree to accept the consequences of so doing save only to the extent that Jump Street except liability for death or personal injury caused by the company’s negligence and / or breach of statutory duty.

Consent (Signed by parent or guardian if participant under 16)
***THIS IS A LEGAL CONTRACT — READ BEFORE ACCEPTING THE TERMS***

These terms and conditions affect your legal rights. It is therefore important that you read and understand them.

JUMP STREET LTD is a supplier of recreational services. The recreational services include participation in trampolining, dodgeball and basketball (“recreational activities”). By purchasing a ticket for or by using any of the facilities at JUMP STREET LTD, you agree to be bound by these conditions.

1) I acknowledge that the participation in the activities provided by JUMP STREET LTD entails known and unknown risks that could result in physical or emotional injury, paralysis, death or damage to themselves to property or to third parties. I further acknowledge that the activities provided by JUMP STREET LTD require a reasonable level of fitness and ability.

2) I hereby agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary and I elect to participate in spite of the risks.

3) I acknowledge that I have been provided with the necessary safety instructions by JUMP STREET LTD in relation to the activities and warrant that I will comply with these at all times whilst on the premises from which the activities will be carried out.

4) I agree that I will only carry out moves and tricks that are within my ability level and of which I am able to retain control of at all times. Moves and tricks are performed at my own risk.

5) The weight limit for an individual participant is 17.5 stone (111 kilos). JUMP STREET LTD recommends that if you have any weight-related concerns you should consult your doctor and receive medical clearance before engaging in trampoline jumping at JUMP STREET LTD.

6) I agree as an adult participant, or the Parent/Legal Guardian of a minor participant, in consideration of being permitted to participate at JUMP STREET LTD , grant JUMP STREET LTD, the permission to photograph and/or record me or my child(ren)/ward(s) in connection with JUMP STREET LTD to use the photograph and/or recording for advertising and promotional purposes. I waive any right to inspect or approve the use of the Photograph and/or Recording, and acknowledge and agree that the rights granted to this release are without compensation of any kind.

7) I acknowledge that JUMP STREET LTD is not liable for damage or loss to myself, third parties or property however incurred whilst undertaking activities or on the premises belonging to the Company.

8) If the participant is a minor, I agree that this Release of Liability and Assumption of Risk Agreement (“WAIVER / RELEASE”) is made on behalf of that minor participant and that all of the releases, waivers and promises herein are binding on that minor participant. I represent that I have full authority as Parent or Legal Guardian of the minor participant to bind the minor participant to this Agreement.

9) I expressly agree and promise to accept to be responsible for any and all risks existing and subsisting in the activity from time to time and acknowledge that their participation in the activity is voluntary and that they elect to participate despite of the risk and agree to accept the consequences of so doing save only to the extent that Jump Street except liability for death or personal injury caused by the company’s negligence and / or breach of statutory duty.

10) In consideration of not being required to sign a fresh copy of this Waiver Release before each visit, I further agree that this Waiver Release shall apply to all visits within the next 12 months by me and by the minor participant in full.

11) To the maximum extent permitted by law, but subject to the non-excludable consumer guarantees implied pursuant to the UK Consumer Law, in no event will JUMP STREET LTD or its employees, directors and agents be liable in respect of any claim for any indirect or consequential loss or damage including without limitation personal injury, financial loss (such as loss of profits or use of capital or revenue or otherwise), or for any punitive, exemplary, special, incidental or consequential loss or damage whether such liability arises in contract, tort (including negligence), equity, breach of statute or statutory duty or breach of any consumer guarantees.
Clip n Climb at Jump Street
The session you have booked will start on time. Your session starts 30 minutes before the hour. The first half an hour will comprise of your introduction, safety briefing (to ensure you are properly prepared for Clip n Climb) and harness fitting. This is then followed by a full hour in the Clip n Climb arena, 55mins of climbing, 5mins to remove harnesses and clear the arena.
Please ensure that you are on time. Unfortunately, due to tight scheduling restrictions, a late arrival will reduce the time you can spend enjoying the Clip 'n Climb experience.
All participants are required to sign a disclaimer agreeing to Clip n Climb Jump Street’s Terms & Conditions BEFORE they can begin climbing in the arena, the purpose of which is to ensure that the risks inherent in the sport of climbing are acknowledged (the signature of a parent or guardian is required for any participants under the age of 16). Customers booking online are required to acknowledge and agree to the Terms & Conditions as part of the booking process. Customers making a booking by telephone will be sent a confirmation email containing the Terms & Conditions; in placing the telephone booking customers are accepting these terms and conditions.* Any other customers will need to complete and sign a disclaimer form when they arrive at Reception
Climbing is a dangerous pastime that can lead to serious injury. Clip n Climb ( Jump Street Ltd) *have taken every possible step to ensure that you have a completely safe and fun experience through the use of automatic belay devices, high quality harnesses and the employment of a qualified and experienced team. However, we cannot accept any responsibility for injuries sustained due to negligence on the part of participants.
In the absence of negligence or fraudulent misrepresentation by Clip n Climb at Jumpstreet* or its staff, neither Clip n Climb (Jump Street Ltd) *nor its employees or agents shall accept any responsibility for the death, personal injury or illness sustained by any customer or guest while on Clip n Climb Jump Street premises due to negligence on the part of participants.
If the participant is under 12 please ensure that one parent/guardian remains on site while your child/children are using Clip 'n Climb.

12) This Waiver/disclaimer will be governed by and construed in accordance with English law and any disputes relating to this disclaimer shall be subject to the exclusive jurisdiction of the courts of England.


By clicking the box below this document, I acknowledge that if anyone is hurt or property damaged during my participation in this activity, I may be found by a court of law to have waived my or the minor participant’s right to maintain a lawsuit against Jump Street Ltd or any RELEASED PARTIES on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood and agree to comply with the park rules of Jump Street Limited, and I agree to be bound by its terms.

[dsharpstone]

Re: Child's Leg Broken by Staff Member at Jump Street (trampoline park)

thanks Amethyst.

it was the Chelmsford branch. The waiver was signed online. but yes this looks familiar.

They should have CCTV of the incident. Are they obliged to supply it under the Data Protection Act for me to view before I decide what action to take? It all happened so quickly, but nor do I want to go in all guns blazing to be proved that there was no negligence.

Also, if I do make a legal case against the park, should I use an 'accident helpline' style company, or if the video shows overwhelmingly that staff were not looking before jumping, then perhaps a local law firm would be better. What do you think?

I even though that I could make a challenge without legal representation. Armed with a copy of the video, medical notes, xrays etc - although I wouldn't even know where to start quantifying losses apart from the obvious loss of holiday costs (need to check my bank account provided travel cover).

[des8]

Re: Child's Leg Broken by Staff Member at Jump Street (trampoline park)

I would suggest as a starting point a short consultation with a solicitor.
Some will do initial meeting free of charge
You can look at our sister site (https://justbeagle.com )for a solicitor near you