Lots of families have a big trampoline in their backyards. Trampolines are great fun for kids and can be fun for parents too, if they’re brave enough. Not only are they a good time, but they’re also a fantastic form of exercise. If there’s a kid’s birthday party you can bet the trampoline will be a hub of activity. Sadly, despite all the fun, trampoline accidents are more common than most people think. A trampoline personal injury case has several legal factors you need to know if you own a trampoline or if you’ve been injured on a trampoline.
When someone gets hurt on a trampoline it’s typically either the fault of the owner, the other users, the manufacturer or simply the fault of the person injured. If the injured person is at fault, there is usually no ground for a lawsuit. However, if one of the other three parties is at fault a lawsuit may be viable.
Trampoline Personal Injuries
First you’ll need to narrow down which party is at fault. This will dictate how to proceed with the case. There are three categories cases normally fall under.
- The manufacturer used low quality materials or incorrectly assembled parts
- The other users were being irresponsible and dangerous
- The owner did not safely maintain the trampoline
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
Anytime someone participates in precarious activities the law can deem the activity, “inherently dangerous.” This means anyone who willingly engages in this activity should instinctively know they might be injured. Football, hockey and skydiving might be considered inherently dangerous.
If an adult gets hurt the assumption of risk is a common and effective defense. However, if a child is injured, the argument is not as strong because children do not recognize danger as well as adults.
If you need help pursuing a trampoline personal injury case call the law office of Huppertz & Powers. They represent personal injury clients on a contingency fee basis. Meaning they don’t get paid unless you get paid.