CEO awarded $750k for trampoline foot injury
Written by admin on June 3, 2024
A CEO has been awarded almost $750,000 in damages after injuring his foot while jumping on a trampoline on Christmas Day.
Phill Forostenko, 41, who is chief executive of massage gun company Beartrap, successfully sued Springfree Trampoline in the Queensland Supreme Court last week after suffering a fracture in his foot while jumping on a trampoline in his sister’s backyard.
The injury, a fracture to his fifth metatarsal, is commonly known as a “dancer’s fracture”.
Mr Forostenko sought damages of approximately $3.92 million, however, the court ruled he was entitled to $744,175 in compensation.
Justice Melanie Hindman ruled Mr Forostenko suffered the injury due to a “safety defect” which resulted in him landing on a hard “cleat” underneath the mat at the trampoline’s edge.
This was despite the trampoline being advertised with slogans such as “no springs” and “jump safely to the edge”.
“A clear and visible warning at the entrance to the trampoline could have readily drawn to the attention of users that the cleats in the edge of the mat if landed on may increase the risk of a foot roll, and therefore an injury,” Judge Hindman said in her decision.
The court heard how Mr Forostenko – who is also a physiotherapist – was an “experienced and enthusiastic user and owner of trampolines”.
Mr Forostenko had to undergo surgery for the injury which required plates and screws to be inserted.
The court heard how the father-of-two has ongoing pain and is a “different person” after the injury.
“The plaintiff is plainly a man whose identity is strong tied to his physical prowess,” Judge Hindman said in her decision.
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“He perceives that his business success is also dependant on his physical prowess.”
On their website, Springfree Trampoline advertises their products as “Australia’s safest high end trampolines”.
The company did not respond to a request for comment from news.com.au.
