What to Know About Trampolines and Liability
Sadly, thousands of people suffer injuries after using trampolines every year. Most of the victims are children as well. There are certain trampoline injuries that are very common and land people in the emergency room at their local hospital. Usually, problems stem from falling on the wrong part of the trampoline, such as the frame, falling off, landing improperly or bumping into or landing on someone else who is also using it.
Who Can Be Held Liable for Injuries?
It’s important to know that if you or your child suffers an injury while using someone else’s trampoline, that person can be found at fault. You may have a valid claim for a personal injury lawsuit to compensate you for the damages. However, at the same time, the manufacturer of the trampoline may be the one liable. Generally, it depends on the circumstances.
If the trampoline owner took proper safety precautions prior to allowing people to use it, they may not be at fault. Some problems are the fault of the manufacturer. For example, if the trampoline suddenly breaks while it’s brand new, it’s clearly a manufacturing problem and your personal injury attorney would tell you the manufacturer is the at-fault party. On the other hand, if a child suffers injuries using a trampoline that breaks when it’s 15 years old and has wear and tear from rust, the owner would be the liable party.
Assumption of Risk
In some cases, there is the assumption of risk, meaning that the victim acknowledges that certain physical activities are generally dangerous. Using a trampoline is one such activity. It is a defense that can be used against a personal injury claim and could potentially be successful when the victim is an adult, depending on the circumstances. However, when a child is the one injured, it would not apply.
No matter what, it’s important to ask questions when you’re planning on using a trampoline. Safety is the most important thing for everyone.