The new trend for birthday parties is trampoline parks. It is an activity that allows children to run around, socialize, and release some energy. Most parents think the activity is harmless, but an investigation into trampoline park dangers proves otherwise. Every year there are over 100,000 emergency room visits by trampoline park guests. 911 dispatch calls do not show the accurate number of accidents because not all trampoline accidents result in a parent calling 911.
Some parents do not think the injury is severe until they get to the hospital. In other cases, parents believe that any harm that falls on their children is their responsibility by signing a waiver. Both of these thoughts are misconceptions. Injuries are severe, and you do have legal options available. You will need to discuss your legal options with a Philadelphia trampoline park accident attorney.
What are the dangers?
Investigations have also found that there are many injuries that a child suffers when they participate in trampoline jumping. Broken necks, severed feet, and brain injuries are some of the most common injuries trampoline park guests can suffer.
Double bouncing: Trampolines work on energy transference, and if energy is transferred incorrectly, other jumpers can suffer an injury. A double jump happens when one person jumps on a trampoline, and another is forced to jump. Each jumper will impact the way another jumper interacts with the trampoline. A common occurrence is unsafe jumpers who do flips or somersaults on the trampoline.
Too many jumpers: As we mentioned, jumpers affect other jumpers' experiences. Safety is a concern when a trampoline park allows too many jumpers. For trampolines to be safe, there can only be a specific number of jumpers. Only two or three jumpers should be on a trampoline at a time. The best-case scenario is to have one jumper on the trampoline at a time.
Defective parts: A trampoline has many moving parts, and when one part is faulty, it can cause the entire trampoline to become unsafe. A jumper can land improperly, fall, or even hit a hard surface, leading to a severe injury. The product manufacturer or the parties liable for maintaining the trampoline are responsible for these malfunctions.
Other causes of trampoline accidents:
- No supervision
- Trampoline assembly issues
- Improper landing
Waivers are intimidating
Within trampoline park waivers, they describe the act of trampolining as “obviously dangerous,” which is not the impression trampoline park guests have. These waivers also indicate that trampoline guests can sustain severe physical and emotional injury when using the facility. In addition, trampoline guests can become paralyzed or die while using the trampoline. When you sign a waiver, you may not be reading what you are signing thoroughly and can be placing your family in more danger. Customers who read these agreements often rethink allowing their children to participate in trampolining.
SKyZone waivers, in particular, have verbiage addressing legal action. While the following is what was previously in these agreements, they have changed through the years, and you will need to read carefully. In the past, you could only take legal action through arbitration and would need to reimburse SkyZone for legal fees and damages of $5,000. While SkyZone has altered the language they use in their waivers, that does not apply to all trampoline parks.
Two ways to file a claim
It can be challenging to determine the correct way to file a claim due to the various legal complexities of these cases. If the only choice is to go through arbitration, that will be the route. There is also the prospect of filing a personal injury or a premises liability claim. Examples of a personal injury claim include:
- Landing on a spring
- Landing on the edge
- Improper supervision
- Lack of maintenance
- Adults and children on the trampoline
A premise liability case against a trampoline park relates to other hazards found around the place, like a slippery floor or a broken chair. Depending on your trampoline park accident, you will have different ways to file a claim and obtain compensation. Kwartler Manus, LLC, has experience in various personal injury law topics and is ready to help you during this difficult time. Contact our office today by calling (267) 214-8608, or completing a contact form to schedule an initial consultation.