Injured at an Arkansas Trampoline Park? A Lawyer Can Help

Trampoline parks have become increasingly popular destinations for families seeking fun and active entertainment. However, this rise in popularity has also led to a significant increase in injuries. If you or your child has been injured at an Arkansas trampoline park, you might be wondering if you have any legal recourse. The answer is: it depends. An experienced Arkansas personal injury lawyer can help you understand your rights and explore your options for seeking compensation.

The Rise of Trampoline Parks and the Corresponding Rise in Injuries

Over the past decade, trampoline parks have exploded in popularity. What started as a niche recreational activity has transformed into a multi-million dollar industry, with parks popping up in cities and towns across the nation, including throughout Arkansas. While these parks offer a fun way to exercise and socialize, they also pose a significant risk of injury.

According to data, emergency room visits related to trampoline park injuries have skyrocketed. A study showed that nationwide ER visits caused by trampoline park injuries increased from 581 in 2010 to 6,932 in 2014. Children under the age of 13 make up the bulk of those injured. These injuries range from minor sprains and fractures to severe head trauma and spinal cord damage.

Common Causes of Trampoline Park Injuries

Many factors can contribute to injuries at trampoline parks. Some of the most common causes include:

Overcrowding: When too many people are allowed on the trampolines at once, the risk of collisions and other accidents increases dramatically.
Lack of Supervision: Inadequate supervision by park staff can lead to dangerous behavior and a failure to enforce safety rules.
Equipment Malfunction: Defective or poorly maintained trampolines and safety padding can cause serious injuries.
Inadequate Training: Insufficient training for park staff can result in a failure to recognize and respond to potential hazards.
Multiple Jumpers on One Trampoline: The “one jumper per trampoline” rule is crucial for safety. Multiple jumpers increase the risk of collisions and injuries, especially when there are significant differences in size and weight.
Attempting Stunts Beyond Skill Level: Many injuries occur when individuals attempt flips or other acrobatic maneuvers beyond their capabilities.
Falls from Heights: Injuries can result from falls off trampolines, platforms, or other elevated surfaces within the park.

Arkansas Trampoline Park Safety Regulations

Trampoline parks in Arkansas are subject to state safety regulations under the Arkansas Amusement Ride and Amusement Attraction Safety Insurance Act. These laws require operators to carry liability insurance, undergo inspections, and meet strict equipment and staffing standards. Trampoline park operators are legally required to report major injuries to the Arkansas Department of Labor and close their park pending investigation. If they fail to do so, or if inspections reveal non-compliance with state safety standards, this information can play a critical role in building a legal case.

However, Arkansas has no specific safety regulations for trampoline parks (only two states do), and a lack of certification doesn’t mean a park is unsafe.

Liability Waivers: Are They Enforceable?

Most trampoline parks require visitors to sign a liability waiver before participating in any activities. These waivers are intended to protect the park from lawsuits in the event of an injury. However, the enforceability of these waivers is not always clear-cut, especially in cases involving children.

Arkansas courts take a skeptical view of exculpatory agreements. The state strictly construes such clauses against the party that drafted them, meaning any ambiguity will be interpreted in favor of the injured person. This judicial skepticism becomes particularly strong when minors are involved, as children under 18 lack the legal capacity to enter binding contracts.

Several legal principles protect children in Arkansas. First, any contract signed by a minor is considered voidable under the law. Second, a personal injury claim belongs to the child who was injured, not the parent, and Arkansas law does not permit parents to prospectively bargain away legal rights that belong to their children. Third, enforcing these waivers would undermine public safety by removing the primary incentive for trampoline parks to maintain a safe environment.

Even if a waiver is deemed enforceable, it may not protect the park from liability for gross negligence or willful misconduct. If the park’s actions went beyond simple carelessness and demonstrated a reckless disregard for the safety of its patrons, a lawsuit may still be possible.

When Can You Sue a Trampoline Park in Arkansas?

Even if you signed a waiver, you may still be able to sue a trampoline park in Arkansas if your injury was the result of negligence. To win a negligence case, you must prove that the park owed you a duty of care, that they breached that duty, and that their breach caused your injuries.

Some examples of negligence that could support a lawsuit against a trampoline park include:

Failure to maintain equipment: If a trampoline was broken or poorly maintained, and this caused your injury, the park may be liable.
Failure to properly supervise: If the park’s staff was not adequately supervising the activities and this led to your injury, you may have a claim.
Overcrowding: If the park allowed too many people on the trampolines at once, creating a dangerous environment, they may be liable.
Failure to warn of dangers: The park has a duty to warn you of any known dangers associated with using the trampolines. If they failed to do so, and this caused your injury, you may have a claim.

How an Arkansas Personal Injury Lawyer Can Help

If you’ve been injured at an Arkansas trampoline park, an experienced personal injury lawyer can help you navigate the legal process and pursue the compensation you deserve. A lawyer can:

Investigate the accident: Gather evidence to determine the cause of your injury and identify all responsible parties.
Evaluate the waiver: Analyze the liability waiver you signed to determine its enforceability and whether it applies to your situation.
Negotiate with the insurance company: Deal with the park’s insurance company on your behalf and fight for a fair settlement.
File a lawsuit: If a settlement cannot be reached, file a lawsuit and represent you in court.
Calculate your damages: Determine the full extent of your losses, including medical expenses, lost wages, pain and suffering, and other damages.

Seeking Compensation After a Trampoline Park Injury

If you’ve been injured at a trampoline park due to their negligence, you may be entitled to compensation for your losses, including:

Medical Expenses: The cost of all medical treatment you have received or will receive in the future as a result of your injuries.
Lost Wages: The income you have lost or will lose in the future as a result of being unable to work due to your injuries.
Pain and Suffering: Compensation for the physical pain and emotional distress you have experienced as a result of your injuries.
Other Damages: Other losses you have incurred as a result of your injuries, such as property damage, loss of enjoyment of life, and punitive damages.

Don’t Jump to Conclusions: Contact an Attorney Today

If you or a loved one has been injured at an Arkansas trampoline park, don’t assume you have no legal options. Contact an experienced Arkansas personal injury lawyer to discuss your case and learn about your rights. A lawyer can evaluate your situation, explain the law, and help you make informed decisions about how to proceed. With the right legal representation, you can pursue the compensation you deserve and hold the responsible parties accountable.