A man who hurt his foot on a trampoline has been awarded costs on top of almost $750,000 compensation from a Sunshine Coast-based company.
Supreme Court judge Melanie Hindman, in a decision published last week, determined that Springfree Trampolines Australia should pay for costs incurred by Phill Forostenko in seeking compensation following the injury.
Judge Hindman decided last month that Kunda Park-based Springfree Trampolines Australia should pay Mr Forostenko $744,145 in compensation over the incident.
Mr Forostenko, a Brisbane physiotherapist, took the company to court after fracturing his foot on a Springfree 092 trampoline at his sister’s place on Christmas Day 2017.
He suffered a “dancer’s fracture” – a fracture to the fifth metatarsal – in his right foot when he accidentally bounced to the side of the trampoline.
He claimed he felt immediate pain when his foot hit webbing along the edge of the trampoline mat, which covered hard plastic cleats.
Mr Forostenko underwent surgery to have a plate and screws inserted, which resulted in infection, and continuing pain ensued.
He contended Springfree Trampolines Australia was liable for damages because there was no warning that the cleats were there or they should not be jumped upon, and that the net surrounding the trampoline did not exclude the part where the cleats were.
He had been unable to return to work in his full capacity, unable to resume certain sports, and could not do all the usual lawn and garden maintenance he once did because of the pain, which was constant but aggravated with use.
Mr Forostenko sought $3.92 million in compensation, while Springfree Trampolines Australia contended $160,000 was more appropriate.
Judge Hindman found the cleat, combined with the depression of the trampoline mat, had the potential to lead to injury, and that, combined with the lack of warning, constituted a safety defect.
The compensation payout awarded to Mr Forostenko included more than $388,000 for past economic loss and $225,000 for future economic loss.
Springfree Trampolines Australia and Mr Forostenko were both contacted for comment.
Springfree still has time to lodge an appeal against the court decision.
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