Trampoline injury lawsuits are on the rise because trampolines have really made a comeback. The American Academy of Pediatrics (AAP) has firmly stated its opinion: “The trampoline should never be used in home environments or in school physical education classes or outdoor settings or recreational settings.” Yet, in massive numbers, no one follows this advice. Injuries can still occur despite padding and netting.
Trampolines may seem like innocent fun, but they pose a significant risk of injury. These injuries can range from minor sprains and fractures to serious neck and spinal injuries, and in rare cases, can result in death. According to a report from the American Academy of Pediatrics, emergency departments in the United States treat approximately 100,000 trampoline-related injuries annually. These statistics underline the urgent need for increased safety measures and responsible use.
Trampoline Injury Lawsuits: Negligence
Trampoline lawsuits can be difficult for one significant reason—many insurance companies that offer homeowner’s insurance provide specific exclusion for trampoline-related injuries. The insurance companies, being in the business of risk, have calculated that it is too expensive for them to provide that insurance, especially considering the number of injuries, and the severity of injuries. There are several circumstances where a negligence-related trampoline lawsuit can be filed. Some common situations include:
- Negligent supervision-personal: parents or adults who provide a trampoline for use of children without properly enforcing safety rules.
- Negligent supervision-corporate: As trampolines become more popular, they are being incorporated into business attractions, like trampoline basketball and moon bounce facilities. Those businesses must have proper rules and supervision to prevent injury.
- Attractive nuisance: like swimming pools, trampolines are interesting to young children. In some states (though, not in Maryland), the failure to properly store or lock up a trampoline can be negligence when a neighboring child gains access to it and suffers injury.
- Negligence: Many trampoline accidents happen when more than one person is on the trampoline, or when an adult uses a trampoline with a child. If the second person on the trampoline or the adult fails to use reasonable care, he or she may be negligent.
How Do You Prove a Trampoline Injury Lawsuit?
Trampoline injury lawsuits often hinge on the principle of negligence. Negligence in this context means that a person or entity did not act with reasonable care, resulting in someone else’s injury. A plaintiff (the person who was injured) typically must prove four elements to establish a claim of negligence:
- Duty of Care: The defendant (the person being sued) had a legal obligation to act in a certain way toward the plaintiff.
- Breach of Duty: The defendant failed to meet that duty.
- Causation: The defendant’s actions (or inaction) directly caused the plaintiff’s injury.
- Damages: The plaintiff suffered actual harm or injury.
Different parties can potentially be held liable in a trampoline injury case, depending on the circumstances. Often it is the homeowner who is allowing your kids to jump on their trampoline.
Homeowner’s Liability
If a trampoline is situated in a private home, the homeowner can be held liable if a guest is injured while using it. The homeowner has a duty of care to ensure the trampoline is reasonably safe and to warn guests of potential dangers. If they fail to maintain the equipment or provide adequate supervision, this could constitute negligence.
Trampoline Statistics
- There are over 90,000 trampoline injuries/deaths in the U.S. every year
- Children ages 6 to 14 comprise one-third of trampoline-related injuries
- There are over 1 million trampolines sold every year
Trampoline Injuries
Two-thirds of trampoline injuries are caused while on the trampoline, while only one-third of trampoline injuries occur because of falling off. Users can be injured when they collide into each other, land improperly, fall or jump off, and hit the frame or springs. Though most injuries caused by trampoline use, misuse, or defects are obvious, we frequently see the following:
- Fractures
- Sprains/strains
- Spinal injuries
- Paralysis
- Death
Trampoline Injury Lawsuits: Product Liability
Trampoline manufacturers are well aware of the dangers of trampolines. In light of continuing research and evidence of injuries, trampoline manufacturers have a duty to use reasonable care in the design and manufacture of these products. There are several standards (including ASTM) that can be used to prove negligent design and warning regarding trampolines, including:
- Padding should cover the springs, frame, and hooks
- Warnings should alert users about the dangers of simultaneous jumping and somersaults, which can cause serious injuries, paralysis, and death
- Labels should state that trampolines over 20 inches high are not recommended for children under the age 6
Trampoline defect cases are less common than negligence cases but can be maintained in some circumstances.
Lawsuits Against Trampoline Parks
Trampoline parks have exploded in popularity in recent years. They offer a fun environment for both kids and adults to engage in physical activity. However, alongside their growth in popularity, there’s been an increase in injuries and, consequently, lawsuits against these establishments.
The injuries reported from trampoline parks vary in severity, from minor sprains and bruises to more severe injuries like broken bones, dislocations, spinal cord injuries, traumatic brain injuries, and even death. Common causes for such injuries include:
- Collisions with other jumpers.
- Landing improperly while jumping or flipping.
- Falling off trampolines or onto hard surfaces.
- Equipment failures or defects.
In response to these lawsuits and to protect their interests, many trampoline parks have implemented certain contractual provisions aimed at minimizing their liability. Generally, these clauses work in Maryland.
Arbitration Clauses
An arbitration clause in a contract (like the one you’d sign when entering a trampoline park) requires the parties to resolve their disputes through arbitration rather than through the courts. This means:
- Private resolution: Disputes are settled outside the traditional court system.
- No jury: In arbitration, a neutral third party (the arbitrator) hears the evidence and makes a decision. There’s no jury involved. If you are in Baltimore City or Prince George’s County, losing the right to a jury trial may cut your settlement amount or potential award in half.
- Limited appeal rights: The ability to appeal an arbitrator’s decision is much more limited than in the traditional court system.
- Potentially faster, but not always cheaper: Arbitration might be quicker than going to court, but the costs of hiring an arbitrator and other associated fees might make it expensive.
Many businesses favor arbitration because it’s private, can be faster than court litigation, and often results in outcomes they find more predictable than jury trials.
Indemnification Clauses
Most trampoline parks skip the arbitration clause because they have a better path. An indemnification or “hold harmless” clause can make a participant assume all risks associated with an activity, essentially releasing the business from liability for any injuries that might occur. When you sign a waiver containing this clause at a trampoline park:
- You’re agreeing to take responsibility for any injuries you might sustain, even if they result from the park’s negligence.
- Limitation on lawsuits: These clauses might prevent you from suing the trampoline park if you’re injured.
Enforceability:
It’s crucial to note that just because these clauses are in the waivers doesn’t automatically make them enforceable. Their enforceability can depend on:
- State laws: Maryland is more inclined than others to uphold these clauses.
- Language clarity: If the language in the waiver is ambiguous or unclear, a Maryland court will not enforce it.
Trampoline Injury Settlements and Verdicts
Below are verdicts and reported settlements from prior cases involving trampoline-related injuries.
- $412,445 Verdict (2023 Pennsylvania): A 7-year-old boy suffered an avulsion fracture to the posterior cruciate ligament of his left knee, requiring surgery, when he fell while jumping from a platform to a trampoline at Get Air trampoline park outside Philadelphia. The lawsuit alleged that the park had inadequate staff to prevent accidents.
- $50,000 Settlement (2022 Texas): A minor plaintiff was an invited patron at defendant Urban Air Adventure Park. According to the plaintiff, a bigger child landed on him while they were both jumping on one of the defendant’s trampolines. The lawsuit claimed that the defendant negligently permitted children to play in an unsupervised environment.
- $230,000 Settlement (2021 New York): The plaintiff, a minor female, was injured in a trampoline accident in her friend’s backyard. She suffered significant injuries, including a fracture of the capitellum of the right distal humerus, elbow effusion, and a right dominant lateral condyle fracture, and underwent open reduction with internal fixation of the right lateral humeral condyle with screw implantation. The lawsuit against the homeowners alleged negligence for failing to install all safety features on the trampoline.
- $150,000 Settlement (2020 New York): A 5-year-old girl fell while jumping on a trampoline in a family entertainment center. She broke her right humerus. Her father claimed the family center’s operator negligently supervised the premises and maintained the trampoline. The family center operator denied liability. They claimed the minor assumed the injury risk.
- $30,000 Settlement (2020 Florida): A girl jumped on a trampoline in an indoor entertainment center. An adult subsequently jumped on the trampoline, causing her left leg fractures. This occurred during “toddler time.” Her parents alleged that the indoor entertainment center’s operators failed to ensure that adults would not use the trampoline during toddler time.
- $60,000 Settlement (2020 Oklahoma): A minor girl collided with another minor on a trampoline in a gymnastics facility. She suffered personal injuries. Her parents alleged that the facility staff’s negligent supervision caused her injuries. This case settled for $60,000.
- $100,000 Settlement (2019 New York): A 7-year-old girl fell on a trampoline runner in a cheerleading facility. She broke her left humerus. Her father claimed the facility’s operators negligently supervised the premises, failed to employ enough personnel, and failed to prevent injuries.
- $905,000 Verdict (2019 California): A minor boy was a sports park patron. His leg became caught between the net and the protective padding. The boy’s knee hit a trampoline frame bolt. He suffered a knee injury. The boy developed Jumper’s knee and a patellar nonunion. His father alleged that the sports park operator negligently maintained the trampoline. The sports park operator denied liability. They argued that the boy assumed the injury risk.
- $75,000 Settlement (2019 New York): A 2-year-old boy was an indoor trampoline park patron. An older child struck him while they used a trampoline. The boy suffered left tibia and fibula fractures. His father alleged that the indoor trampoline park’s staff negligent supervised the facility.
Contact Us
If you have been seriously injured in a trampoline accident, contact our lawyers at 1.800.553.8082. We have a proven track record of satisfied clients and can help you determine whether you have a trampoline lawsuit.