Concerns have been raised after a child died at a trampoline park in Glasgow yesterday (August 18).
According to local news reports, emergency services were called to Flip Out Glasgow on Southcroft Road in Rutherglen at around 11 am on Sunday after the alarm was raised. The child was rushed to the Royal Hospital for Children but was tragically pronounced dead.
Police are treating the death as unexplained, and at present, there are not believed to be any suspicious circumstances surrounding the incident.
A Police Scotland spokesperson said:
“Enquiries are ongoing after a child took unwell at a premises in Southcroft Road, Rutherglen shortly before 11.00 am on Sunday, 18 August 2024.
“The child was taken by ambulance to the Royal Hospital for Children where they were pronounced dead.
“The child’s death is being treated as unexplained, although there are not thought to be any suspicious circumstances, and a report will be submitted to the Procurator Fiscal. The Health and Safety Executive has also been notified.”
Flip Out Glasgow has since posted on their social media that the centre is closed. The statement read: “Flip Out Glasgow is closed today. We apologise for any inconvenience this has caused.”
Flip Out Glasgow describes the attraction as ‘the ultimate indoor play centre with attractions to keep the whole family entertained all day long’. Flip Out Glasgow’s arena is over 63,000 square feet and filled with 34 trampolines, Ninja Wipeout and laser quest.
Flip-Out Trampoline Parks
Flip Out, which has trampoline parks across the UK, has already been under fire after several casualties at other locations in previous months. Last year, we published an article after two former bosses of Flip Out faced jail after 11 people broke their backs on a piece of equipment at the Chester branch.
According to reports at the time, three people fractured their spine on the same day while jumping off a 13ft tower at Flip Out Chester in 2017 – and people were being “injured on a daily basis”.
NHS chiefs even demanded a meeting with park bosses to discuss safety concerns as injuries happened so frequently, putting local hospital surgeons under ‘unnecessary pressure.’ There is said to have been a total of 270 incidents over seven weeks from December 2016 to February 2017.
Bosses, David Shuttleworth and Matthew Melling, both 33, admitted an offence of failing to prevent exposure to risk under the Health and Safety Act at Chester Crown Court.
Shuttleworth, from Barlaston in Staffordshire, resigned from the company in 2018 while Melling, of Spinningfields, Manchester, quit in 2020.
At the time, Paul McMullan, Senior Paralegal at Oakwood Solicitors said:
“It is horrifying to think that an establishment with so many serious, life-changing injuries remained open for so long. Following the finding of the Court it is clear those responsible had a clear disregard for the public’s safety. We should feel safe in the belief that these venues have been tried, tested, and deemed safe.
“What happened here goes beyond the test of reasonable risk to be expected. Yes, we must accept in such a venue there is a risk we take on by participating, but no one would expect reasonably expect to sustain such catastrophic injuries like those reported.
“It is clear this apparatus was not safe, had not been appropriated/or at all tested and no risk assessment had taken place. To me, it is clear they are in breach of the Occupiers Liability Act and Consumer Protection Act.”
The company was dissolved last year, and Flip Out Chester is now operated by a different franchisee.
Accidents in Public Places – Making a claim
If you have been left injured after an accident in a public place you may be entitled to claim compensation.
Accidents that occur on property or land owned by somebody else are called Occupiers’ Liability accidents. This can include accidents which occur in buildings, on ‘premises’ or on land which is not controlled by you or your employer.
Premises can include land and buildings, as well as any fixed or moveable structure, and can cover anything from shops, offices, public buildings, aircraft, and houses.
There is a duty of care that is owed to lawful visitors under the Occupiers’ Liability Act 1957 to take reasonable care to ensure that visitors will be reasonably safe when using the premises.
What should I do after I have been injured?
To bring a successful claim, you will need to establish that it was foreseeable that a visitor would come onto the property and that the occupier allowed a hazard there that was foreseeably dangerous to them.
When you make a claim, it is helpful if you have taken the following steps:
- Report the accident to the staff or owner and make a note in the accident book if possible.
- Take photographs of where your accident happened, any defects, and details of witnesses willing to provide evidence.
- Make a note of the details of any signage
- Get confirmation as to whether the incident was reported and if so, to whom
- Seek immediate medical advice either at your GP surgery or the local Accident and Emergency department at the hospital. Make the hospital aware of where and how your accident happened. This will assist your case as there will be further proof of the circumstances.
What evidence will I need?
To prove the premises/land you were visiting were unsafe, you will need evidence:
- Photographs will show what caused the accident with measurements to show scale. It is also useful to show the injuries sustained, especially with scarring.
- Witness statements to prove that risks were avoidable and that accident details are corroborated. For example, if an employee has confirmed the area has been defective for some time, this will assist your case. Try to obtain their contact information.
- You must be able to provide details of exactly where, why, and how the accident happened, what the danger was, and how it was preventable.
- A log of the accident report to prove that the cause of your fall was reported to the occupier. Ensure that you keep copies of letters received in relation to your accident, such as from insurance companies, and send these to your solicitor promptly.
- Seek medical attention from your own GP or hospital. It also helps if accident circumstances are logged in your medical records, to support the fact that you have been injured.
- CCTV – Some public places may have security cameras that may assist.
Who can make a claim?
Anybody visiting the premises can claim if they have been injured through no fault of their own. The extent of the duty of the Occupier is to take such care as is reasonable to see that the visitor will be reasonably safe in using the premises for the purpose for which they are invited by the occupier to be there. This applies to both children and adults.
However, if you are a skilled visitor, for example, visiting a construction site and are experienced – whilst the occupier has a duty, you may be expected to take some care for your own safety.
There are three types of lawful visitors:
- Those with express permission, such as a person you invite into your house
- Those with implied permission, such as a person entering a shop
- Those with a right to enter, such as a police officer
Can I claim on behalf of my child?
In Scotland, children under the age of 16 cannot pursue a personal injury claim in their own name. Instead, a parent, guardian, or litigation friend must act on their behalf. A litigation friend is usually a parent, guardian, or another appropriate adult who will make decisions in the best interest of the child during the legal process.
In Scotland, there is a three-year time limit within which a personal injury claim must be initiated. For children, this time limit begins on their 16th birthday, allowing them to file a claim up to their 19th birthday.
I had an accident at a public place that has since closed down. Can I still make a claim?
It may not matter that the public place has closed down, so long as they had Public Liability Insurance at the time of your accident.
If it transpires the premises did not have any Public Liability Insurance at the time of your accident, it would make your claim more difficult to pursue as there may not be funds to meet the cost of your claim.
How much compensation will I get?
This is very much dependent on the severity of your injuries and the effects it has had on your life. If the symptoms are ongoing and are supported by medical evidence, this would increase the value of your claim.
The best starting point for assessing the level of your compensation is by reference to the Judicial College Guidelines, which set out financial brackets for common types of injury.
The Guidelines are broken down into the affected body parts, the type of injury, and the severity of the injury. They were introduced as it was recognised that whilst no two cases are ever precisely the same, guidelines were required to develop consistency between awards.
Precedent case law, which refers to previous cases that have appeared before the Courts, is also relied on to support the valuation. Consideration must also be given to whether you have had a pre-existing disability or whether the injury accelerated a pre-existing condition.
Even where the older injury may not be symptomatic at the time of the accident, it is something that will have to be considered and would affect the value of your claim.
Why should I use Oakwood Scotland Solicitors?
At Oakwood Scotland Solicitors, we have not only Solicitors but some Solicitors with the additional qualification of being Accredited by the Law Society of Scotland as a Specialist in Personal Injury Law.
We offer flexible funding of your claim including no-win, no-fee and of course, can act under your legal expense policy attached to your car or home insurance.
We offer free initial advice if unsure why not call and we can take you through your options and provide initial advice free of charge.
If you believe you have a personal injury case, do not delay – contact Oakwood Scotland Solicitors to ensure your rights are protected and your claim is completed within the required time limits.
Further reading
Accidents at work and in public places – Oakwood Scotland Solicitors
WHAT TO DO NEXT
Get in touch today for a no-obligation consultation. Choose one of the methods on this page, or call us on 0141 406 3324 to find out how we can help you with your enquiry.
