Jumping Castle Operator Found Not Guilty Following Tragic Incident
Families of six children who lost their lives express disappointment in the court's decision after appeal for justice.
The operator of a jumping castle involved in a fatal accident has been acquitted of charges related to workplace safety breaches.
Six children died, and three were injured when a gust of wind lifted the inflatable structure during a school event at Hillcrest Primary School in Devonport, Tasmania, on December 16, 2021.
Rosemary Anne Gamble, owner of Taz-Zorb, faced legal action after the incident, with accusations of not properly anchoring the jumping castle.
Gamble pleaded not guilty to the charges.
On Friday, Magistrate Robert Webster found her not guilty, stating, "I am not satisfied beyond reasonable doubt of Ms Gamble's guilt to the charge in the complaint." He further noted that while Gamble did not fully comply with her safety responsibilities, the unforeseeable nature of the extreme weather event contributed significantly to the tragedy.
The weather phenomenon, described by some as a "dust devil," was considered unpredictable.
In his ruling, Webster emphasized that despite Gamble's failures, it could not be determined that these were a substantial cause of the children's exposure to the risks that led to their injuries.
During the legal proceedings, the defense argued that the manufacturer of the jumping castle, East Inflatables, had provided insufficient anchoring equipment, which contributed to the outcome.
Gamble only had access to four pegs instead of the eight recommended by the manufacturer's guidelines due to the lack of provided documentation upon purchase.
In a statement released by her lawyer, Gamble expressed her ongoing sorrow for the families affected and acknowledged the enduring grief caused by the tragedy.
She spoke of her understanding of the children's families' pain, stating, "There is not a moment that goes by where I don’t feel so painfully and terribly sorry to every single one of those people that were impacted."
Families of the victims expressed deep disappointment in the verdict, with statements highlighting their view that the ruling failed to reflect their loss and the realities they face daily.
One parent, whose child was among the fatalities, described the court's decision as shattering their hopes for acknowledgment and justice.
Legal action is still pending, with coronial proceedings expected to resume following the acquittal.
Additionally, a class action has been filed in the Supreme Court of Tasmania against both the state and Taz-Zorb, alleging negligence in ensuring the safety of children participating in the event.