Trampoline Liability for Homeowners

In 2010, more than 92,000 people went to an emergency room as a result of trampoline-related injuries, according to the U.S. Consumer Product Safety Commission (CPSC). The most common causes of trampoline injuries were:

• colliding with another person
• landing improperly while jumping or doing stunts
• falling or jumping off of the trampoline, and
• falling on the trampoline springs or frame.

When people are injured on trampolines, homeowners may be liable for the injuries.

In the sections that follow, we'll illustrate some safety precautions that homeowners can take to reduce the likelihood of a trampoline-related injury and to reduce the likelihood of liability even in the event of an injury. Then we'll turn to the legal theories under which an injured person may be able to sue a homeowner for injuries resulting from a trampoline accident.

Safety Precautions

From a legal standpoint for trampoline owners, taking safety precautions is beneficial for two reasons. First, it reduces the likelihood of injuries. If nobody gets injured, nobody will sue. Second, even if someone does become injured, the homeowner will be more likely to prevail in court because he or she will be able to argue that all of the appropriate safety steps were taken.

To maximize trampoline safety:

• Allow only one person on the trampoline at a time.
• Do not attempt or allow somersaults.
• Do not use the trampoline without shock absorbing pads that completely cover its springs, hooks, and frame.
• Place the trampoline away from structures, trees, and other play areas.
• No child under six years of age should use a full sized trampoline.
• Do not use a ladder with the trampoline because it provides unsupervised access to small children.
• Always supervise children who use a trampoline.
• Prevent falls off of a trampoline with a trampoline enclosure.

Legal Landscape

Liability for trampoline injuries is a matter of state law. And the laws of the states vary in terms of how to analyze this issue. But generally speaking, a trampoline owner will be liable for injuries if the owner’s negligence caused the injuries.

Negligence. Every person must exercise appropriate care and act as a reasonably prudent person at all times. If a person breaches that duty, he or she may be deemed negligent in the eyes of the law, and may be responsible for any resulting injuries to other people.

So, a trampoline owner has a constant duty to act as a reasonably careful and prudent trampoline owner would act. Many courts would consider failures to adhere to the trampoline safety precautions discussed above as breaches of that duty. In other words, if an owner allows young children to play on a trampoline without supervision, the owner might be liable for the injuries.

In some states, a trampoline owner may be liable for injuries even if the owner takes all of the proper precautions. In those states, a trampoline is said to be an "attractive nuisance", which means something that has hidden dangers that owners must protect children from.

Causation. For a property owner to be liable for trampoline-related injuries, the owner’s negligence must have actually caused the injuries. For example, imagine an owner leaves a small ladder next to a trampoline. A 14-year-old child from the neighborhood uses the trampoline and becomes injured. The owner probably acted negligently by leaving the ladder next to the trampoline. But the negligence probably did not actually cause the injuries. A 14-year-old child could get onto a trampoline without using a ladder. So, the negligence was unrelated to the injuries.

Since the rules regarding trampoline liability vary significantly by state, this discussion is limited to general principles of law. For more specific details about legal liability for trampoline accidents, consult the laws of your state or a local attorney.