Trampoline Injury Liability

Trampolines can be a lot of carefree fun, but there is a risk lurking under the joy of bouncing around and freefalling back to the black circle that serves to boost you up again.  In fact, the more trampolines purchased the  higher the rate of incidents with trampoline accidents and corresponding liabilities.

There are a number of ways that injury can occur on a trampoline, they include:

• Collision with others that are jumping on the trampoline
• Improper landings while performing stunts or jumps
• Falling off of the trampoline
• Jumping off of the trampoline
• Landing improperly on the trampolines frame, or in between the springs

Injuries that frequently result from trampoline mishaps include spinal cord injury, fractures, sprain, paralysis, and even death.

Liability of the Trampoline Owner or Premises Owner

The most viable type of liability that arises is negligence by the trampoline owner or the premises owner if they are not one and the same.  If the person injured on the trampoline was a guest, then they are considered to be invitees.  In this instance the trampoline owner and premises owner just owe a duty to warn invitees of any obvious dangers on the property and to exercise ordinary care in maintaining the premises in a reasonably safe condition.

However, if in your jurisdiction trampolines have been denoted as ultra hazardous activities, then the owner of the trampoline or premises could be subject to strict liability. 

Liability of the Manufacturer

Manufactures could be liable for injuries sustained on a trampoline under the theory of product liability.  The injured party should prove that either the trampoline was itself defective or that is was designed in a defective manner, or that the manufacturer failed to properly warn of the dangers of use.    Also, the manufacturer could be sued under the theory of strict liability.

Filing an Injury Claim

Negligence claims require that four main elements be proven.  First is establishing that the manufacturer, premises, or trampoline owner owed the Plaintiff a duty of care.  Once it is established that this duty of care was breached, it must be shown that the breach was actually the cause of the plaintiff’s injury.  Finally, the plaintiff must show that they incurred damages as a result of the injury.  Damages that are available for trampoline injuries will include those available in most tort cases:

• Physical pain and suffering
• Mental suffering and emotional distress
• Loss of time/earnings and impairment of earning capacity
• Medical expenses
• Loss of enjoyment of life
• Injury related expenses, and
• Loss of consortium

How a Lawyer can help

Whenever you sustain an injury, seeking counsel from a licensed attorney in your area should be your next step.  Injuries that result from trampoline accidents can range from mild to severe.  Even if your injury seems insignificant an attorney can advise you on long-term issues and ensure that your rights are protected.