Flint & Soyars PC
Trampoline Personal Injury
Big trampolines can be a great source of fun for kids and adults of all ages. Double bouncing, crack the egg and dead man’s crawl are all fantastic games to play while bouncing around in the back yard. These jumping circles are often a hotspot of activity during birthday parties and family gatherings. While trampolines are fun, they can be dangerous. Trampoline personal injury cases do happen and there are certain legal parameters you should be aware of if you’ve been injured on a trampoline or if you own a trampoline.
When someone gets injured on a trampoline, there isn’t always a valid lawsuit. Sometimes it’s just an accident and no one is legally liable. However, there are plenty of cases in which the trampoline owner, manufacturer or other users can be held responsible for your injuries.
The first step is to identify the proper party to pursue. Going after the wrong party will almost always end with an acquittal. Most cases fall into three categories.
· The manufacturer used low quality parts or improperly put the parts together
· The owner did not safely maintain the trampoline
· The other users were not using the trampoline in a responsible way
Depending on who is at fault will dictate what kind of lawsuit to use.
· Manufacturer- product liability
· Owner- premises liability
· Other user- negligence
Assumption of Risk
There are certain activities that the law considers to be “inherently dangerous,” meaning partakers should instinctively be aware they could be injured by the activity. Skydiving, contact sports and similar activities might be considered inherently dangerous.
The assumption of risk is the most common defense in a trampoline personal injury case. While this is a strong argument if an adult is injured, it becomes weaker if a child is injured because children cannot be expected to perceive risks as well as adults.
If you or your children have been injured on a trampoline and you think someone else might be legally liable, call the law firm of Flint & Soyars for a free consultation.