A Brisbane man has won a huge payout after bouncing on a trampoline on Christmas Day 2017 left him with a life-changing injury.
Physiotherapist Phillip Forostenko, 41, was a fit father of two children, with another on the way, when the shocking injury occurred at his sister’s house.
But more than six years later, she received nearly $750,000 to compensate for past and future financial losses due to the injury after suing the manufacturer.
During a Christmas visit to his sister, Mr Forostenko discovered that she had purchased an oval Springfree model O92 trampoline, so he went up to try it out as an “experienced and enthusiastic trampoline user (and owner).”
A “slightly wayward jump” caused him to land on the edge of the trampoline mat on the net that covered a slat that acted as a kneecap, according to a Supreme Court decision issued on May 28.
Brisbane man Phillip Forostenko (pictured) has won a huge payout after bouncing on a trampoline on Christmas Day 2017 left him with a life-changing injury.
“Upon landing, he felt a particularly concentrated hardness under the right outer side of his right foot, approximately halfway down the length of his foot,” the decision said.
“There was immediate pain.”
Forostenko was later found to have suffered a fifth metatarsal fracture, which did not heal properly and later required surgery, he reported. 7News.
He then developed an infection that required hospitalization and antibiotics, and then had another operation in June 2018.
The injury left him unable to perform all the tasks of his physical therapy job until a month later, but he had to take longer time off due to pain.
Forostenko said he is still in “considerable and ongoing pain” and has had to modify his work as a result.
He said he now feels like a “different person” as his emotional health has also been affected by the injury.
The trampoline did not have any relevant safety warnings, the physiotherapist told the court.
It was advertised as having “no hard edges to land on” and that people could “jump safely to the edge.”
The Supreme Court found that his injuries were caused by a safety defect.
More than six years later, Mr. Forostenko was awarded nearly $750,000 to compensate for past and future financial losses due to the injury after suing the manufacturer (an example of a Springfree trampoline is pictured).
It found that the warning labels on the trampoline were insufficient and did not instruct users not to jump over the edges of the mat.
The court also concluded that the edges having yellow straps did not indicate that care should be taken in this area.
Forostenko claimed damages of about $3.92 million, but the manufacturer argued that it should not have to pay more than about $160,000.
Judge Melanie Hindman ruled in favor of the injured man and awarded him $744,175, which included $388,763 for his past economic losses and $225,000 for future economic losses.
