View Full Version : Urgent question about trampolines!
I've got a new mindee starting tomorrow - she's 12 and one of my daughter's friends. I know she will want to use our trampoline but I think I'm right in saying that you are supposed to follow manufacturers guidelines at all times - recommendation is one person at a time.
Trouble is her and my daughter desperately want to go on together. What I was wondering is, bearing in mind she is 12 years old and they are sensible girls, could I type up a permission form/disclaimer for mum to sign giving permission for her to use it with my dd? I know mum quite well and think she would be more than willing to give permission as she is happy if dd is happy iyswim! She is paying me nearly double what she's been paying an after school club as dd doesn't want to go there anymore and wants to come here!
I wouldn't allow more than her and dd on there and of course I will keep an eye on them to make sure they're being sensible - if not they'll be straight off it. I won't have any more mindees here at the times K's here so no other mindees will know there are two on the trampoline at once.
I need to know about this asap as dd is going swimming with her this afternoon and if I can do a permission form I can ask mum to sign it today. Thanks.
atmkids
22-11-2009, 11:09 AM
I can't imagine this would be a problem. I've asked the parents of my under 6's to sign a disclaimer saying it's ok for them to use the trampoline (one at a time) even though they are below the recommended age as all kids love trampolines and I won't get rid of it as my own children love it. They are given the choice to say that either they don't want their children to go on it or that they can and they won't hold me responsible should an accident happen. As the girls are 12 they should be sensible enough, my 11 year old goes on with her friends and we've never had a problem. Hth
nokidshere
22-11-2009, 12:40 PM
NO NO NO!!!!!!!!!!!!!!!!!!!!!!!!!!!
Disclaimers are not worth the paper that they are written on. As a childminder you have a duty of care under both Common Law (predcedent law) and Statute Law (Health & Safety at Work Act) to porotect your "mindees." If a child were injured on the trampoline and it was found to be either faulty or was being used for a purpose for which it was not intended, then you could be liaible in either or both civil and criminal law. The disclaimer could not be used in defence only perhaps for mitigation should an action arise. Trampolines are potentially dangerous pieces of kit and should not be used unless closely supervised. And they must, at all times, be used as the manufacturer reccommends.
The above is a reply from my husband (a Health & Safety Manager) and he urges you to be very, very careful about what you allow other peoples children to do in your home.
nokidshere
22-11-2009, 12:42 PM
I've asked the parents of my under 6's to sign a disclaimer saying it's ok for them to use the trampoline (one at a time) even though they are below the recommended age as all kids love trampolines and I won't get rid of it as my own children love it. They are given the choice to say that either they don't want their children to go on it or that they can and they won't hold me responsible should an accident happen
See above reply!!!! Its bad enough letting children of the right age go on 2 at a time - its even worse if the child is also under the recommeded age!!! Crazy practice! I am fairly sure that Ofsted would have something to say about that also.
Do not do disclaimers - they mean nothing!!!!!!
Blackhorse
22-11-2009, 12:44 PM
I have to agree with Nokidshere's first post...
if there is a manufacturers guidline on it that is what you will have to stick to as if anything happens that's what they will use to base their decision on whether it was used properly or not.
I would not want to take this risk to be honest and as parent I would not be happy to sign such a disclaimer either.
Blackhorse
22-11-2009, 12:47 PM
I guess to really get the answer you need you should phone up your liability insurance provider and get their take on it.
and then Ofsted's/CCs position on it too..
would be very interesting to see what they would say
Oh damn!! Think I'm going to have 2 unhappy girls tomorrow then!
I phoned NCMA a while back and they said the insurance covered trampoline use if a permission form is signed by parents and it was used in accordance with the manufacturers instructions. I was just hoping there was a way around it in this circumstance due to mindee's age.
Pipsqueak
22-11-2009, 01:19 PM
I clarified this point a while back (if you put trampolines into the search facility it should come up) with my insurers (NCMA) and
for your insurance to be valid you must follow manufacturers guidelines at all times
ie no under 6's
one child at a time
if you don't follow the guidelines your insurance is invalid - period.
Disclaimers are not worth the paper they are written on, I know the kids like to be on there together but is it really worth it?
angiemog
22-11-2009, 01:44 PM
There was a post a while ago about trampolines. If I remember correctly a parent agreed and signed a permission form for her 5 year old to use it. The child broke his arm and parents are/were going to sue the childminder, this resulted in the childminders registration being taken away. This was due to not following the manufacturers guidelines. Whatever parents agree to, or sign means nothing when it comes to insurance...... don't do it really isn't worth the risk. x
Blackhorse
22-11-2009, 01:47 PM
There was a post a while ago about trampolines. If I remember correctly a parent agreed and signed a permission form for her 5 year old to use it. The child broke his arm and parents are/were going to sue the childminder, this resulted in the childminders registration being taken away. This was due to not following the manufacturers guidelines. Whatever parents agree to, or sign means nothing when it comes to insurance...... don't do it really isn't worth the risk. x
Wow, that just shows you. I think it is not fair of the parents to sue though either after they signed something. (I know signing doesnt mean anything in front of the law) but they were obviously happy for their LO to use the trampoline! But as soon as something happens the tables turn and you are on your own..so better to stick to all the laws and regulations...it is not worth loosing your business over..or worse
Ripeberry
22-11-2009, 01:59 PM
Never even offer disclaimers for anything. My 3yr old mindee got all exited when she saw the trampoline in the garden and her mum says to me "Oh, lovely, she'll love using it!"
You should have seen her face when I said that it can only be used by 6yrs + children. She was even asking me if I had a disclaimer form :eek:
Needless to say she has NEVER used it. She does try and climb on it (outside of the netting), so I think by springtime I will be building yet another fence just to keep this one mindee off it :angry:
My kids love their trampoline and I don't want to get rid of it just because of one mindee I have for only 5hrs a week.
Even my baby trampete has a permission form for it :thumbsup:
You can get smaller trampolines for younger children from age 3-6 so if you wanted to buy them they are in ARGOS (http://www.argos.co.uk/static/Product/partNumber/3674770/Trail/searchtext%3ETRAMPOLINE.htm).
We got rid of ours as my daughter [2] fractured her leg....yeah she loved being on there with her brothers but got rid of it straightaway.
Chatterbox Childcare
22-11-2009, 02:37 PM
No they can't and just because they are older doesn't mean that there won't be accidents, more of a chance I think
If you let them, even with a parent disclaimer, you will not have any insurance.
Mine sit and natter in mine but no jumping
Twinkles
22-11-2009, 04:34 PM
I got rid of our trampoline for just these reasons.
Constant nagging by the children to allow more than one at a time and pressure from parents to allow under six's on it.
My own son ( who's trampoline it was ) had outgrown it and then I heard about that poor childminder who was de-registered for the accident , so I got rid.
Thanks everyone - boy am I glad I came on here and asked this question first!!
I know that accidents can still happen despite them being older and in light of everyone's advice today I've told my dd that they can only go on one a time, she wasn't happy but if they don't like it they don't have to use it!
I must admit I was quite a while trying to decide whether to get my older two children a trampoline for their birthday in the first place but they so desperately wanted one and they are sensible children and have been on it every day since they got it (weather permitting!)
Just wondered though - if your child has a friend round to play in other words you're not childminding them do you stick to the same rules i.e only one on a time?
I've adapted the Bromley childminding website trampoline policy and permission form this afternoon and got the mum to sign that, it states I will follow manufacturer's guidelines.
FizzysFriends
22-11-2009, 07:24 PM
No I don't stick to the rules when its friends of DD round to play or friends children visiting.
patevans
22-11-2009, 07:33 PM
I got rid of mine too, too much hassle and hated the big horrid thing!
Blaze
22-11-2009, 07:40 PM
The only problem I have ever had with trampolines is when a child is too heavy (according to manufacturer's guidlines) for the smaller trampoline - but too young (again according to the manufacturer's guidelines) - I do wish bit more common sense was allowed!:rolleyes:
nokidshere
22-11-2009, 09:00 PM
Just wondered though - if your child has a friend round to play in other words you're not childminding them do you stick to the same rules i.e only one on a time?
.
You can still be sued under common law if a friends child has an accident in your home. You have a duty of care for any visitor to your house and, if the children are on the trampoline disregarding the manufacturers instructions, (ie no more than one at once) and has an accident - you would still be liable.
sarah707
22-11-2009, 09:15 PM
You can still be sued under common law if a friends child has an accident in your home. You have a duty of care for any visitor to your house and, if the children are on the trampoline disregarding the manufacturers instructions, (ie no more than one at once) and has an accident - you would still be liable.
Very good advice.
Unfortunately it is becoming more common that people are using any accident as an excuse to sue.
Chatterbox Childcare
22-11-2009, 09:16 PM
[QUOTE=atmkids;578650]I can't imagine this would be a problem. I've asked the parents of my under 6's to sign a disclaimer saying it's ok for them to use the trampoline (one at a time) even though they are below the recommended age as all kids love trampolines and I won't get rid of it as my own children love it. They are given the choice to say that either they don't want their children to go on it or that they can and they won't hold me responsible should an accident happen. As the girls are 12 they should be sensible enough, my 11 year old goes on with her friends and we've never had a problem. Hth[/QUOTE
You need to read your insurance very carefully as MM and NCMA would not cover your back if there was an accident even if you had a disclaimer. it is clear in their policies what you can and cannot do.
Hope your Public Liability is with another company.
Blackhorse
22-11-2009, 09:52 PM
Very good advice.
Unfortunately it is becoming more common that people are using any accident as an excuse to sue.
how very true and sad
my mum used to be head secretary for a lawyer...and I heard so many stories that I am very careful these days...
unfortunately you can be best friends with someone and as soon as something happens they come after you with all they have.
I actually dont have a trampoline and never want to have one either. On my induction training was a lady who worked in A&E and she said in summer nearly 50% of childrens admissions where due to trampolines...I know everything you do has risks and you cant put cotton wool around the kids...but still..for me a trampoline is a big no-no
It is very scary these days how people will sue for so many things.
I know there's risks with trampolines but I think there's also health benefits. My children have only had it 2 weeks and have been on it every day - they're outside in the fresh air and getting excercise at the same time. Anything that gets my son off the playstation for a while has to be good!
nokidshere
23-11-2009, 12:52 AM
It is very scary these days how people will sue for so many things.
I know there's risks with trampolines but I think there's also health benefits. My children have only had it 2 weeks and have been on it every day - they're outside in the fresh air and getting excercise at the same time. Anything that gets my son off the playstation for a while has to be good!
There are risks associated with anything. Taking risks is fine as long as its with your family and not someone elses!
We dont have a trampoline but my two boys are outside every day come rain or shine on bikes, scooters, skateboards and pogo sticks - either that or they are playing cricket!!!
specks4
23-11-2009, 08:24 AM
Hi All
Not sure if this has been said but even if parents sign to say under 6's allowed, you might not be covered by your insurance. I had same problem contacted NCMA and got to replies one saying its ok the other saying it wasnt so i was told to contact my public libility insurance and they said even if get parents to sign im wont be covered and wouldnt stand up in court if accident did happen as you need to go by the guidelines of the trampoline so no under 6's.
Best thing to do is phone your insurance and see what they say as so many people are not covered and un aware.
kindredspirits
23-11-2009, 08:25 AM
SO pleased I followed my instincts the other day and didn't let my 5 ear old mindee on it despite my husband telling me i was mean not to!!!!! (the fact we bought it for our 2 year old son is neither here nor there! lol)
Lady Haha
23-11-2009, 10:10 PM
You have all frightened me half to death!!! Thats it, mine has to go!!! The kids will be devastated though! They do go on it together and if only one was allowed on at a time, they wouldn't even bother with it! I have to admit, wheres the fun in bouncing about on your own!!!
Just a shame we have this blame and claim culture! But, it's not worth the risk is it.
Trouble is, who is going to buy my trampoline in the depths of winter! :laughing:
nokidshere
23-11-2009, 10:40 PM
You have all frightened me half to death!!! Thats it, mine has to go!!! The kids will be devastated though! They do go on it together and if only one was allowed on at a time, they wouldn't even bother with it! I have to admit, wheres the fun in bouncing about on your own!!!
Just a shame we have this blame and claim culture! But, it's not worth the risk is it.
Trouble is, who is going to buy my trampoline in the depths of winter! :laughing:
There is no need to get rid of it - just make sure you let the children use it properly!
There is no need to get rid of it - just make sure you let the children use it properly!
I wouldn't get rid if you didnt want to...not if my own kids were still playing on it...your own kids you take risks with etc btu when it's business then I wouldn't....I did make the choice of getting rid of it though but that was my choice.
JUst tell the mindees they are not allowed on there [i do with my swing set as its not concreted down]
FussyElmo
24-11-2009, 07:02 AM
You have all frightened me half to death!!! Thats it, mine has to go!!! The kids will be devastated though! They do go on it together and if only one was allowed on at a time, they wouldn't even bother with it! I have to admit, wheres the fun in bouncing about on your own!!!
Just a shame we have this blame and claim culture! But, it's not worth the risk is it.
Trouble is, who is going to buy my trampoline in the depths of winter! :laughing:
Dont get rid of your tramploline if your children love it!!! Mine love it too and I wont spoil their fun just because a blame culture exists. My dd will say that she on by herself then she can do her somersaults and flips :rolleyes:
Jelly Baby
24-11-2009, 11:28 AM
Haven't read all the replies but i have a strict ' no trampoline usage' none of the kids have minded so far..easier that way i reckon!
Lady Haha
24-11-2009, 09:17 PM
I wouldn't get rid if you didnt want to...not if my own kids were still playing on it...your own kids you take risks with etc btu when it's business then I wouldn't....I did make the choice of getting rid of it though but that was my choice.
JUst tell the mindees they are not allowed on there [i do with my swing set as its not concreted down]
It's not that simple though is it!!! I have one child of my own who is 7 and up to six mindees along with him between the ages of 5 and 8. Already I have broken the age rule and they always go on in groups! My son wouldn't go on it if he had to go on it on his own and neither would any of the others. And of course, then I would have to tell the younger two that they couldn't go on it at all!!! It's more hassle than its worth!!!
Wish I'd never got it now!!! I suppose I could do a trial run of making it out of bounds to all mindees and see how often my son would actually use it on his own......