A Melbourne dad has described watching his daughter being treated by paramedics as his “worst nightmare” after she fell seven meters into an indoor play centre.
The eight-year-old girl was attending a friend’s birthday party at Funtopia Maribyrnong on July 16, 2022, when a self-belay device failed and she fell to the ground from the top of a rope ladder.
She hit the ground feet first and found herself not moving on the mat.
The company that operates the venue, Entertainment Velocity Pty Ltd, was charged by labor regulator WorkSafe in March this year following an investigation into the incident.
The company pleaded guilty to two breaches of the Occupational Health and Safety Act during a hearing last month and returned to Melbourne Magistrates Court on Friday where it was fined $60,000.
In a statement to the court, the girl’s father said he had been working nearby and rushed to the scene after receiving a call.
“My worst nightmare was seeing my son lying on a stretcher with a neck brace on,” she said.
“There isn’t a day that goes by that I don’t think about his injury and how it could affect his life.”
The eight-year-old girl was attending a friend’s birthday party at Funtopia Maribyrnong, in Melbourne’s west, on July 16, 2022, when a self-belay device failed and she fell to the ground from the top of a rope ladder ( in the photo). is Funtopia Maribyrnong)
The court was told the girl suffered two compression fractures to her spine and was still in pain months after the incident.
She told the court in a letter that the injury had changed her life and she was forced to give up gymnastics and swimming.
“Sometimes it hurts and it doesn’t stop for a while,” he said.
The court was told the gaming center was originally operated by Funtopia but had changed hands and Entertainment Velocity became a franchisee of the chain in 2019.
WorkSafe prosecutor Tristan Joseph said the self-belay safety device was found to be “extremely degraded” during an expert assessment after the horrific fall.
“It degraded to such a point that it just completely failed,” he said.
“That there was no incident before must be attributed to good luck.”
Stephen Russell, of Entertainment Velocity, told the court that all devices were replaced immediately after the accident and that the company had now committed to spending $180,000 on new “state-of-the-art” devices.
In a previous court hearing, he said his client had relied heavily on Funtopia to provide information about safety and maintenance, but accepted responsibility for violations.
‘There were checks and balances. “At that time we didn’t realize that our system was inadequate,” he said.
The girl was injured attending a classmate’s birthday party at the play center
In imposing the fine and recording a conviction, Magistrate Louise Wildberger found this to be a serious departure from safety practices.
“There’s no doubt this would have been an incredibly traumatic experience,” he said.
Wildberger said the company had not rigorously verified and maintained the equipment “that was at the heart of the business that Entertainment Velocity provided.”
In a statement, Funtopia expressed its “sincere condolences” to everyone affected by the incident and said it had cooperated with WorkSafe.
“Safety is of utmost importance to Funtopia, and all franchisees are rigorously trained to conduct their operations safely,” said operations manager Wayne Kong-Gardiner.
‘However, the conduct admitted by the franchisee is clearly below our standards.
‘Given the guilty plea, the franchise code offers the franchisor options, including termination.
“The franchisor is seeking legal advice to find solutions that do not disrupt our customers.”
