Forostenko v Springfree Trampoline Australia Pty Ltd
[2024] QSC 1 · Hindman J
A fit and active 41-year-old physiotherapist suffered a foot fracture (a 'dancer's fracture') while jumping on a Springfree trampoline at his sister's home on Christmas Day 2017. He landed near the edge of the mat where a hard plastic cleat sits underneath, and the cleat caused his foot to roll, breaking a bone. He needed surgery and developed ongoing pain and a psychiatric condition. He sued the trampoline's manufacturer, arguing the product was unsafe because it did not warn users about the risk posed by the cleats. The manufacturer denied liability and argued any damages should be very small. The judge found the trampoline had a safety defect under consumer protection law and that the defect caused the injury. However, the judge was cautious about the plaintiff's evidence, finding he exaggerated his symptoms, and reduced his economic loss claim significantly. The plaintiff was awarded about $744,000 in total.
Incident & injury
Suffered a fifth metatarsal 'dancer's fracture' to the right foot when landing on the edge of a Springfree trampoline mat where a hard plastic cleat caused or contributed to inversion of the forefoot
- Body regions
- Ankle / foot, Right foot, Skin / scarring, Psychiatric (Right)
- Diagnoses
- Spiral fracture of the diaphysis of the right fifth metatarsal, Malunion of the fracture requiring surgical fixation, Scarring, Major depressive disorder (mild/moderate), Adjustment disorder with mixed anxiety and depressed mood (chronic)
- Incident date
- 25 December 2017
- Location
- Sister's residence (backyard)
Quick facts
- Date of judgment
- 28 May 2024
- Claim type
- PIPA Public Liability
- Proceeding
- Trial
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- 41
- Occupation
- Self-employed physiotherapist and exercise physiologist (own practice) Professional
- Liability
- Disputed
- ISV assessed
- 12 uplift applied · Item 148 (Serious Foot Injury)
- Whole Person Impairment
- 3%
- Total damages
- $744,175
Outcome
The court found the Springfree trampoline had a safety defect (the cleat mechanism causing foot inversion combined with the absence of a warning) and that this caused the plaintiff's foot injury. Judgment was entered for the plaintiff against the manufacturer for $744,175.
Defendant
1 Springfree Trampoline Australia Pty Ltd
Manufacturer
- Judgment against this defendant
- $744,175
Heads of damage
| General damages | $20,270 |
|---|---|
| Past economic loss | $388,763 |
| Interest on past EL | $13,604 |
| Past superannuation | $0 |
| Future loss of economic capacity | $225,000 |
| Future superannuation | $0 |
| Past care (Griffiths v Kerkemeyer) | $66,480 |
| Interest on past care | $0 |
| Future care | $0 |
| Past special damages (plaintiff) | $14,893 |
| Interest on past special damages | $165 |
| Future special damages | $15,000 |
| Subtotal before refunds | $744,175 |
Key issues
Forostenko v Springfree Trampoline Australia Pty Ltd [2024] QSC 1
When typing in a Word document, italicise the case name. The copy button copies plain text suitable for any editor.