Abramson Smith Waldsmith LLP

Hopping fiasco: What you can do after a trampoline accident

Your child was excited to tell you about the new trampoline park that her friend wanted her to go to for her birthday party. You didn't want to disappoint her despite your reservations, so you agreed to let her go. The truth is that you were worried because these parks can be extremely dangerous. There's a risk of colliding with others, injuring yourself by landing incorrectly or even injuring yourself because the company hasn't taken steps to cover springs or repair damaged trampoline parts.

When your child went to the park, she did well and had a great time. Unfortunately, she fell off the trampoline. At first, you thought it was just a case of being clumsy, but then you noticed the spring sticking out of its casing, making a perfect tripping hazard. You signed a waiver when she entered to park to state that the park wouldn't be liable if she suffered an injury, but you believe this is an injury due to negligence. One of the springs was uncovered, that caught her foot and resulted in her fall.

What can you do now? You think you have a case, but you also need to contend with the waiver.

Fortunately, a waiver like that does not apply in cases of negligence, fraud or when an injury is caused intentionally. According to standards set into effect in 1999, padding on trampolines need to cover all the springs and hooks completely. If the trampoline park did not make an effort to keep them covered, they have not met their duty to their clients and exposed them to hazards that are unnecessary.

Since the waiver does not apply and there are regulations requiring springs and hooks to be covered, there is a good chance you have a case against the trampoline company. Your attorney can help you review the waiver you signed to give you an idea of what to expect if you want to pursue a claim. With the right information, you may be able to seek compensation for your child's medical bills and other expenses accrued due to the injury.

Source: Nov. 30, -0001

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