Catastrophic Injuries
Can You Sue if You’ve Signed a Waiver at a Trampoline Park?
Please note: Our firm solely practices/accepts cases in the State of Indiana. We are unable to evaluate or advise on trampoline cases from states outside of Indiana.
Sky Zone, Urban Air, Defy, Zip City… An endless number of trampoline parks have sprouted up throughout the country in recent years. Indiana alone is home to dozens of jump facilities.
When everything goes according to plan, trampoline parks can be a good time for children and adults. However, despite the majority of these facilities going to great lengths to maintain their trampolines and eliminating hazards, accidents can still happen.
For that reason, before you or your child are allowed to participate at a trampoline park, you will be asked to sign a waiver. In short, a trampoline park waiver is designed to protect the facility in the event that you or your child suffer an injury.
When an injury does occur, the question often becomes, “Can I sue for damages if I signed a trampoline park waiver?”
Are Trampoline Park Waivers Enforceable?
Trampoline parks are just one of many businesses that rely on waivers to help provide a level of protection should a patron or customer suffer injuries on their property. Unknown to some is the fact that waivers are not always enforceable.
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Free Case ReviewThe truth is that a trampoline park waiver will largely apply in cases where the company was not negligent. However, if the trampoline park is found to be grossly negligent, you may have the right to file a personal injury lawsuit or a premises liability lawsuit.
To be found grossly negligent, it must be proven that the trampoline park behaved in a manner with extreme disregard for the health and safety of others. By contrast, if the trampoline park accident and injury were a result of ordinary negligence, the potential for a successful lawsuit still exists, but it may be more difficult.
For example, if your child were to be participating at a jump park and was injured due to a hole or rip in the trampoline canvas, it could be argued that unsafe conditions at the park directly led to the injuries. As a result, the waiver may found to be invalid.
However, if your child suffered an injury as a result of using the trampolines in an unauthorized manner, etc., or suffered an injury during the normal course of participation, the waiver is much more likely to be found valid.
Trampoline Park Design & Maintenance Dangers
A number of factors have been found to increase the risk of injury at trampoline parks, most notably:
- Improper maintenance of the trampolines
- Lack of supervision by park staff
- Dangerous designs
- Insufficient padding and safety protocol
- Misinformation
As a result, the types of injuries that occur at a trampoline park can range from minor to traumatic. The types of injuries we have witnessed include:
- Traumatic brain injuries
- Spinal injuries
- Broken bones
- Lacerations
- Dental injuries
- Wrongful death
Depending on the level of injury and theory of negligence, it may be possible for you or your child to be compensated for current and future medical bills, lost wages, and pain and suffering.
At the time of this writing, trampoline parks throughout the United States remain largely unregulated by local city and state ordinances, so there are fewer laws to protect consumers. The trampoline park assumes that you are accepting risk by allowing your child to enter, however, hazards and gross negligence are not part of that assumption.
Questions About a Trampoline Park Injury?
Attorney Matt Boulton has more than 20 years’ experience helping accident victims recover compensation for their injuries, including cases involving premises liability.
To help you determine whether or not you may have a case against a trampoline park, attorney Boulton offers accident victims a Zero Fee Guarantee. This promise means that you will never pay for a legal consultation, and you owe the firm nothing unless we win your case.
To speak with attorney Boulton direct, call 317-350-2680. If you prefer to write to us with the details of your trampoline park injury, you can use our confidential contact form. Attorney Boulton personally reviews each contact received at our firm.
Author Matt Boulton
