Kids love bouncing on trampolines. They find it thrilling as a trampoline propels them high into the air, and allows them to perform flips and stunts they might not be able to do otherwise. The increasing popularity of trampoline parks and trampolines at homes certainly suggest that kids, and even kids-at-heart, love jumping on trampolines too.
Unfortunately, this increase in popularity also means more potential for injury. The American Academy of Pediatrics stated trampoline injuries cause nearly 100,000 trips to the emergency room each year in the U.S. The academy is so concerned about trampoline injuries that it does not recommend that children use trampolines at all.
Injuries reported from trampoline accidents include broken bones, abrasions, sprains, skull fractures, concussions, spinal injuries and even neurological damage. Some of these injuries are minor, but some may require hospitalization and even long-term care. If you or your child were injured while jumping on a trampoline, you may have grounds to file a lawsuit. First, you will want to determine the cause of the accident.
There are generally three types of trampoline accidents:
- A trampoline malfunctioned causing injury
- The trampoline owner failed to supervise or provide proper safety precautions
- Another party acted unsafely and caused the accident
Product liability
If the trampoline malfunctioned, you may be able to file a product liability lawsuit against the manufacturer. With this type of case, you will need to prove the trampoline failed to perform as it was stated it would perform.
Premises liability
A property owner must maintain a safe space for their guests. Particularly when a trampoline is involved, an owner is expected to supervise those using it, ensure that it is in good condition and make sure it is set up in a safe place. A trampoline is generally supposed to be kept behind a gate, so it is not easily accessible to passersby. If the owner of the trampoline failed to perform these precautions, you may have a good case for premises liability.
Negligence case
If another party acted in an unsafe way that caused you or your child’s injury, you may have grounds for a negligence claim. Perhaps this person bumped your child off the trampoline or threw something at him or her. That could be construed as negligence. However, there are several elements to proving negligence. You may want to reach out to a personal injury attorney to discuss how best to move forward with your case.