Whenever someone is injured on a trampoline it doesn’t always mean that someone else will be held legally liable. Only in situations where there is negligence as a result of the property owner or another party is when the victim may be able to recover compensation for losses. Other than the property owner, a claim may be filed against the trampoline manufacturer or another individual who was using the trampoline when the accident took place.
Usually after someone is involved in a trampoline accident, everyone always wants to know who was at fault? The answer to that question depends greatly on the consideration of everyone who could be responsible for the injury and the examination of the way in which the injury took place.
Who Can be Held Liable in a Trampoline Park Accident?
In some cases, a trampoline accident could very well be the trampoline user’s fault. In other instances though, any one of the following three people may be responsible:
- Trampoline manufacturer
- Trampoline owner
- Another trampoline user
It is important to distinguish who is at fault because pursuing the wrong party could leave you with nothing. A perfect example to relate to is if a child receives a concussion after the leg of a trampoline breaks, one would assume the injury is the manufacturer’s fault. This may be true if the manufacturer used low quality steel but it wouldn’t be true if the leg broke as a result of an accumulation of years worth of rust. Given this information, if you were to sue the manufacturer and it turns out it was in fact the owner’s fault for not properly maintaining the trampoline you would likely recover little to nothing.
Causes of Trampoline Accidents
It is extremely important to understand exactly how the injury happened. The most common trampoline accidents will be categorized as either:
- A malfunction with the trampoline when it left the manufacturer
- The trampoline owner did not properly maintain or provide adequate supervision during use
- Guests on the trampoline did not use it in a responsible manner
Once you determine who is at fault, it will be much easier for you to figure out what type of lawsuit you need to file. The situation may call for either a product liability, premises liability or negligence claim.
Filing a Product Liability Claim
In order to file a product liability claim the manufacturer must have failed to live up to its promise and obligations with its products. It is the duty of trampoline manufacturers to assemble safe products. So, if a trampoline claims to support a 200-pound person the bolts should not give out when an average-sized individual uses it.
Filing a Premises Liability Claim
If you are looking to file a premise liability case, the property owner must have neglected to take the appropriate steps to protect any guests from harm. Trampolines require proper maintenance, supervision and should be within a fenced or protected area to limit injuries.
Filing a Negligence Claim
When it comes to filing a negligence claim against another participant, that individual must have conducted inappropriate behavior that resulted in the injury of the victim. Knocking someone off the trampoline by throwing an object at them or unexpectedly jumping on the trampoline qualifies as unreasonable actions. With that, the unreasonable individual becomes liable for the injuries caused by their negligent behavior.
Call Kwartler Manus Today
With any physical activity, there is always the assumption of risk involved. The law considers skydiving, football, skiing, jumping on a trampoline, etc. to be inherently dangerous. This translates to participants understanding that they might get hurt by taking part in these activities. They may also not be permitted to pursue legal compensation against others. This defense is known to work against an adult, but not always successful when the injured party is a child.
The best piece of advice to keep in mind when using a trampoline is to be aware of your surroundings and exercise caution. Call the office of Kwartler Manus at 267-457-5570 to schedule a consultation with a Philadelphia personal injury attorney.