Are Trampoline Parks Liable for Your Child’s Injuries?
Have you ever taken your child to a trampoline park and wondered who would be responsible if they were injured? With the growing popularity of trampoline parks, many parents find themselves asking this question. While these parks offer exciting activities that children love, they also pose significant risks. Injuries from trampoline parks have become increasingly common, leading parents to wonder about liability when an accident occurs.
Understanding Liability at Trampoline Parks
Liability refers to the legal responsibility for someone’s injuries or damages. A Seattle injury lawyer explained that when a person is hurt due to another party’s negligence or failure to act reasonably, that party may be held liable. In the case of trampoline parks, this means the facility may be liable if they fail to maintain a safe environment for visitors.
However, trampoline parks typically require guests to sign liability waivers before using their facilities. These waivers are designed to protect the business by limiting or eliminating their responsibility if someone is injured. This often leaves parents wondering if they can still hold a park accountable when something goes wrong.
Common Injuries at Trampoline Parks
Trampoline parks are notorious for various injuries that can happen during play. An article in the American Academy of Pediatrics found that 110,000 people were treated in emergency departments for trampoline injuries in 2018.
Some of the most common injuries children may experience at these facilities include sprains and strains, fractures and broken bones, concussions or other head injuries, cuts, bruises, and scrapes, and spinal injuries or dislocations.
These injuries often occur due to high-impact falls, collisions with other jumpers, or improper landings. Trampolines are designed to create a bouncy, unpredictable surface, and while this is what makes them fun, it also increases the chances of injury. Accidents can also occur due to defective equipment or overcrowded jumping areas.
Waivers: What Do They Really Mean?
When parents sign a waiver before allowing their child to participate in trampoline park activities, they might assume that this means they can’t hold the park responsible for any injuries. While waivers are legally binding in many cases, they don’t always completely shield the business from liability.
A typical waiver is a contract that releases the trampoline park from responsibility for injuries that occur during normal use of the facility. However, this waiver does not give the park the freedom to act negligently. If the park fails to take reasonable precautions to ensure the safety of its guests, the waiver may not hold up in court.
For example, if the staff neglects to supervise the jumping areas or the equipment is poorly maintained, the waiver may not protect the park from being sued. Waivers are often limited in scope, and parents may still be able to file a claim under specific circumstances.
Situations Where a Trampoline Park May Be Liable
Even with a signed waiver, there are situations where a trampoline park may still be held liable for a child’s injuries. The following are examples where the park’s negligence could lead to liability:
- Negligent supervision: Trampoline parks are responsible for ensuring that staff are properly supervising guests to prevent dangerous behavior. If staff members fail to intervene when children are acting recklessly or overcrowded areas go unsupervised, the park may be held accountable.
- Faulty equipment: Trampoline parks must regularly inspect and maintain their equipment. If a trampoline is torn, improperly set up, or not up to safety standards, and this leads to an injury, the park may be liable for failing to ensure that equipment was safe.
- Inadequate safety warnings: Trampoline parks must provide clear safety instructions to prevent injuries. If the park does not provide sufficient warnings or does not explain the risks involved, it may be liable for resulting accidents. This could also apply if they fail to post proper signage for restricted areas.
In these cases, the waiver may not protect the trampoline park from being sued. If the injury is caused by the park’s failure to uphold basic safety standards, parents may still have legal recourse.
What to Do If Your Child Is Injured at a Trampoline Park
If your child is injured at a trampoline park, there are several important steps you should take immediately:
- Seek medical attention: Even if the injury seems minor, it’s important to have a medical professional evaluate your child. Some injuries, such as concussions, may not show immediate symptoms.
- Document the incident: Take photos of the injury, the trampoline, and the surrounding area. If possible, gather the contact information of any witnesses who saw the accident occur.
- Report the injury: Notify the trampoline park’s staff immediately and ensure that they complete an incident report. Keep a copy of the report for your records.
- Consult a personal injury attorney: If your child’s injury was severe or you believe the park’s negligence caused the accident, it’s important to speak with an attorney who specializes in personal injury cases. They can help you navigate the legal process and determine if you have grounds for a lawsuit.
Legal Options for Parents
When a child is injured at a trampoline park, parents may be able to pursue legal action to recover damages. These damages could include compensation for medical bills and future medical expenses, pain and suffering, and lost wages (if a parent had to miss work to care for their injured child).
If the trampoline park is found to be liable due to negligence, parents may be able to file a personal injury lawsuit. The process typically involves gathering evidence, filing a claim, and potentially going to court if a settlement isn’t reached. It’s also worth noting that laws regarding liability and waivers vary from state to state, so consulting with an attorney familiar with local laws is essential.
