LEARNINGS FROM THE HILLCREST JUMPING CASTLE INCIDENT

I recently read an interesting blog, relating to the Hillcrest Jumping Castle incident and in particularly the verdict in the recent trial.  The article makes it clear that while a verdict of not guilty was returned, that someone needed to take the blame for the failures.  This article was published based on newspaper reporting of the verdict and not the actual findings. Director of Public Prosecutions v Rosemary Gamble T/A Taz-Zorb [2025] TASMC 3 (6 June 2025)

However, having read the reasons, it becomes clear that perhaps rather than jumping to conclusions as the purveyors of safety information that we need to wait and find out the full facts before pointing fingers and suggesting where blame should be laid.

In fact, like many incidents we have to look beyond the incident and look at a significant list of other factors: 

·       The voluntary nature of Australian Standards.

·       The role of standards as a “consensus of professional opinion and practical experience about sensible, safe precautions” or  just as put by  late Justice Millhouse  “merely  the expression of opinion of people  speaking under the aegis of the association”

·       The manufacturer had stated that it was ‘compliant’ to the Australian Standard.

·       The variation between what the information in the manufacturer’s manual, the product distributed and personal correspondence.

·       The quality control checks conducted by the manufacturer.

·       The jumping castle was manufactured with 6 D’s and supplied with 4 pegs.

·       The suitability of the pegs supplied with the jumping castle.

·       The installation of the pegs  - did the manufacturer get it right?

·       The ability or rather inability to “predict such an event with any degree of accuracy”.

·       What is deemed to be a competent person  as defined by the Australian Standards?

·       The availability of training  courses to assist operators of amusement equipment.

If the manufacturer indicates a minimum of 4 tether points and no 6 is that a failure? 

If the use the pegs supplied by the manufacturer is that a failure particularly when the manufacturer’s instruction are to “always use the provided stakes”?

  The question was, based on the evidence, was the jumping castle set up in a manner which was unsafe for the predicted conditions on the day? 

  Like many,  my heart goes out the parents who lost a child  as a result of this he this incident, as a health and safety professional, the emotion must be put to one side to look at the facts objectively, to look, not only at what happened, but to see where the failures or occurred, where improvements can be made.