In Forostenko v Springfree Trampoline Australia Pty Ltd [2024] QSC 1, the plaintiff, Phillip Anthony Forostenko, brought a claim against the manufacturer of the Springfree trampoline, Springfree Trampoline Australia Pty Ltd, for a foot injury he sustained while using the trampoline. Forostenko contended that the trampoline had a safety defect, specifically failing to include adequate warnings about the cleats located at the edge of the mat, which led to his injury.
The court found that the Springfree trampoline did indeed have a safety defect as defined under the Australian Consumer Law, concluding that the cleat design and lack of appropriate warnings substantially contributed to the plaintiff's injury. Despite the defendant's denial of liability, the court established causation and awarded general and special damages amounting to $744,175 as compensation for the ongoing pain, reduced earning capacity, and other physiological and psychological issues resulting from the injury.