Common sense or failure to supervise and failure to provide instructions…
Everyone has seen a jumping castle. They’re at every fun fair and are frequently seen at children’s birthday parties. How many of us have taken the time to instruct our children on how to use them safely? A jumping pillow is very similar in concept. It’s inflated and is designed to be bounced on. You could be forgiven for thinking that a little commonsense would keep you out of trouble. Apparently not, since a Gold Coast caravan park operator is being sued for $3,893,000 for failing to provide adequate supervision and instructions – not for a child, but for an adult user!
In September, 2012, the claimant, Sarah Jayne Cranfield, fractured a leg and foot when her partner jumped too close to her, causing her to land in a depression. The injuries required surgery. The claim states that she suffered “major and debilitating disabilities” from the incident. The court documents further state that the injuries are such that she suffers ongoing physical and psychological trauma from the incident, and is no longer able to continue her training to become a registered nurse. The claim is based on the failure of the caravan park to supervise the pillow and in not providing her, or her family, with instructions on how to jump safely.
Many will see this as an extreme or ambit claim. The court will decide, but is anyone or any business safe from litigation today? How can a workplace demonstrate compliance?
It may be timely to review your systems. How adequate are your instructions and training to your staff, visitors and others? The current legislation, the “Work Health and Safety Act 2011” applies to every workplace, large and small. It is not limited to parks and motels.
If you need any assistance in determining your responsibilities and obligations, call us. We don’t bite and we don’t charge for simple phone advice!