Trampoline Park Injury? Court Mandates Arbitration: What You Need to Know

Trampoline parks have become a popular source of entertainment for families and individuals seeking a fun and active outing. However, this seemingly harmless activity can lead to serious injuries. According to the American Academy of Orthopaedic Surgeons (AAOS), in 2018, there were more than 300,000 trampoline park-related injuries requiring medical treatment, with over 110,000 needing emergency room visits. With the rise in popularity of trampoline parks, understanding the risks and legal implications, especially concerning injury and arbitration, is crucial.

Understanding the Risks of Trampoline Parks

While trampoline parks offer a fun way to exercise, they also pose significant risks. Common injuries range from minor sprains and bruises to severe fractures, dislocations, head injuries, and even spinal cord injuries. A study by the American Academy of Pediatrics (AAP) revealed that a trampoline-related bone fracture is 32% more likely to occur at a trampoline park than on a home trampoline.

Common Trampoline Park Injuries:

Soft Tissue Injuries: Sprains, strains, and contusions are the most common injuries.
Fractures and Dislocations: Arms and legs are particularly vulnerable.
Head Injuries: Concussions and other traumatic brain injuries can occur from collisions or falls.
Neck and Spinal Cord Injuries: These are less common but can result in paralysis or death.

Why are Trampoline Parks More Dangerous?

Several factors contribute to the increased risk of injury at trampoline parks:

Multiple Jumpers: Most injuries occur when multiple people are on the trampoline simultaneously. As many as 75% of trampoline park injuries happen when multiple people are jumping at the same time.
Inadequate Supervision: Many parks lack sufficient staff to adequately supervise jumpers.
Risk-Taking Behavior: The park environment may encourage riskier behavior, such as attempting flips or stunts.
Equipment Issues: Defective or poorly maintained equipment can also cause injuries.

Arbitration Agreements: What Are They?

Before entering a trampoline park, patrons are typically required to sign a waiver that includes an arbitration agreement. An arbitration agreement is a contractual clause where parties agree to resolve disputes outside of court, through a private arbitration process. Instead of suing in court, a neutral third party (the arbitrator) hears the evidence and makes a decision.

Key Aspects of Arbitration Agreements:

Private Resolution: Disputes are settled outside the traditional court system.
Neutral Arbitrator: A neutral third party hears the evidence and makes a decision, and there is no jury involved.
Limited Appeal Rights: Decisions made by the Arbitrator, even if wrong, are not appealable, unless you can prove some corrupt behavior.
Secrecy: The arbitration filings and proceedings are secret and not accessible to the media or other injured customers.
Cost-Effective: Arbitration is generally considered to be more cost-effective and time-efficient than litigation.

Court Mandates Arbitration: What Does It Mean for You?

If you’ve been injured at a trampoline park, and the park enforces an arbitration agreement, you may be required to resolve your claim through arbitration rather than filing a lawsuit in court. This can have significant implications for your case.

Pros of Arbitration:

Faster Resolution: Arbitration is generally faster than traditional litigation.
Lower Costs: Arbitration can be less expensive than going to court.
Privacy: Arbitration proceedings are confidential.

Cons of Arbitration:

Limited Discovery: The ability to obtain information from the other side may be restricted.
Limited Appeal Rights: It is difficult to appeal an arbitrator’s decision.
Potential Bias: There is a risk that the arbitrator may be biased in favor of the trampoline park, especially if the park is a repeat customer of the arbitration service.
No Jury: An arbitrator, not a jury decides the case.

Are Trampoline Park Arbitration Agreements Enforceable?

The enforceability of arbitration agreements in trampoline park waivers varies by jurisdiction and depends on the specific language of the agreement. Courts often scrutinize these agreements, especially when they involve minors or are presented on a “take-it-or-leave-it” basis.

Factors Affecting Enforceability:

Contract of Adhesion: If the agreement is presented as a non-negotiable contract, courts may find it unenforceable.
Unconscionability: If the terms of the agreement are excessively unfair, courts may refuse to enforce it.
Lack of Mutuality: If the agreement only requires the patron to arbitrate claims but allows the park to sue in court, it may be deemed unenforceable.
Waiver Clarity: The language of the waiver must be clear and unambiguous, especially regarding the relinquishment of the right to a jury trial.

Case Examples:

In Alicea v. Activelaf, a state supreme court affirmed a lower court’s decision that a trampoline park’s contract mandating arbitration was a contract of adhesion and thus unenforceable.
In Duhon v. ACTIVELAF, LCC, the Louisiana Supreme Court found that an arbitration clause in a trampoline park’s participant agreement was unenforceable because it was adhesionary and lacked mutuality of consent.
However, in Lorentz v. HJ & Edwards Enterprises, LLC, a Connecticut court upheld an arbitration agreement in a Sky Zone trampoline park waiver.

What to Do If You’re Injured at a Trampoline Park

If you or your child is injured at a trampoline park, here are some important steps to take:

Seek Medical Attention: Promptly seek medical attention for any injuries.
Report the Incident: Report the accident to the park managers or supervisors immediately. Ensure the park supervisor or manager fills out and signs an incident report.
Gather Evidence: Take pictures of the facility, including the trampoline, where the incident took place, and visible injuries. Gather witness statements.
Document Everything: Document all your losses and collect all medical documents and receipts.
Consult an Attorney: Contact a personal injury lawyer who can advise you on what to do next.

Can You Still Sue Even If You Signed a Waiver?

It’s a common misconception that signing a waiver means you have no legal recourse. However, waivers are not always enforceable, and you may still be able to pursue a claim.

Grounds for Overcoming a Waiver:

Negligence: If the park was negligent in its maintenance or supervision, the waiver may not protect them from liability.
Gross Negligence: If the park’s conduct was reckless or grossly negligent, the waiver is unlikely to be enforced.
Misrepresentation: If the park misrepresented the risks involved, the waiver may be invalid.
Public Policy: Courts may refuse to enforce waivers that violate public policy.

The Role of a Personal Injury Attorney

A personal injury attorney can help you navigate the complex legal issues surrounding trampoline park injuries and arbitration agreements. They can:

Evaluate Your Case: Assess the strength of your claim and advise you on your legal options.
Investigate the Accident: Gather evidence to support your claim, including accident reports, witness statements, and expert opinions.
Negotiate with the Insurance Company: Deal with the park’s insurance company on your behalf.
Challenge the Arbitration Agreement: If appropriate, challenge the enforceability of the arbitration agreement.
Represent You in Arbitration or Court: Advocate for your rights in arbitration or, if necessary, in court.

Preventing Trampoline Park Injuries

While not all injuries can be prevented, there are steps you can take to minimize the risk:

Follow the Rules: Adhere to all park rules and guidelines.
Supervise Children: Closely supervise children at all times.
One Jumper at a Time: Ensure only one person is on a trampoline at a time.
Avoid Stunts: Refrain from attempting flips or other risky maneuvers.
Inspect the Equipment: Check the trampoline for any visible damage or hazards.

Conclusion

Trampoline parks can be a fun and exciting activity, but it’s essential to be aware of the risks involved. Understanding the legal implications of arbitration agreements and waivers is crucial if you or your child is injured at a trampoline park. If you or a loved one has suffered a serious injury due to negligence at a trampoline park, consulting with a personal injury attorney is highly recommended. They can examine the facts of your case to determine your rights.