Trampoline Park Injury: Steps to Take to Protect Your Claim

Trampoline Park Injury: Steps to Take to Protect Your Claim

Trampoline parks have exploded in popularity, offering seemingly boundless fun for kids and adults alike. However, this recreational activity comes with inherent risks. Over 100,000 trampoline injuries occur in the United States each year. If you or a loved one has been injured at a trampoline park, understanding the steps to take is crucial to protecting your potential claim.

Understanding the Risks and Prevalence of Trampoline Park Injuries

Trampoline parks, with their interconnected trampolines, foam pits, and other attractions, can be a recipe for injuries. While these parks try to ensure safety, accidents happen.

  • Frequency of Injuries: Trampoline park incidents lead to over 7,000 emergency room visits per year.
  • Severity: Trampoline park injuries are almost twice as likely to require hospital admission and a longer stay compared to home trampoline injuries.
  • Common Injuries: These include fractures, dislocations, sprains, strains, head injuries, and spinal cord damage. About 55% of trampoline park injuries result in fracture or dislocation.

Step-by-Step Guide to Protecting Your Claim

If an injury occurs at a trampoline park, immediate and careful action is essential. Here’s what you should do:

  1. Seek Immediate Medical Attention: Your health is the top priority. Even if injuries seem minor, get a thorough medical evaluation. Some injuries, like traumatic brain injuries, may not show immediate symptoms. Medical records will also serve as crucial documentation for your claim.

  2. Report the Incident:

    • To Park Management: Immediately report the injury to the park’s management or supervisors. Ensure they create an incident report and obtain a copy for your records.
    • To the Police (If Necessary): If the injury is severe or involves potential criminal negligence, contact the police to file an official report.

  3. Document Everything:

    • Photographs and Videos: Take pictures of the accident scene, including any equipment defects, inadequate padding, or other hazards that may have contributed to the injury. Also, photograph any visible injuries.
    • Witness Information: Gather contact information from any witnesses who saw the accident. Their statements can be valuable evidence.

  4. Gather Evidence:

    • Incident Report: Obtain a copy of the incident report filed by the trampoline park.
    • Medical Records: Keep detailed records of all medical treatments, diagnoses, and expenses related to the injury.
    • Park Rules and Regulations: Obtain a copy of the park’s safety rules and regulations to determine if there were any violations.
    • Maintenance Logs: Request maintenance logs and inspection reports for the equipment involved to check for negligence.

  5. Understand the Waiver:

    • Review the Fine Print: Trampoline parks typically require participants to sign a liability waiver. These waivers often state that the participant understands the risks and agrees not to sue the facility for injuries.
    • Waiver Limitations: However, waivers are not always ironclad. They may not hold up in court if the park was grossly negligent or reckless. Gross negligence includes a reckless disregard for the safety of others.

  6. Consult a Personal Injury Attorney:

    • Legal Expertise: A personal injury attorney specializing in trampoline park injuries can evaluate your case, explain your rights, and help you navigate the legal process.
    • Investigating Liability: An attorney can help determine who is liable for the injury, which could include the park owners, operators, supervisors, equipment manufacturers, or maintenance companies.
    • Compensation: A lawyer can help you pursue compensation for medical expenses, lost wages, pain and suffering, and other damages.

Navigating Liability and Waivers

Determining liability in a trampoline park accident can be complex. While waivers are common, they don’t automatically absolve the park of responsibility.

  • Negligence: To sue a trampoline park, you must generally prove that the park’s negligence caused the injury. Negligence can include:
    • Dangerous park facilities
    • Negligent maintenance
    • Lack of oversight
    • Overcrowding
    • Lack of warning or instructions
  • Gross Negligence: If the park’s actions demonstrate a reckless disregard for safety, it may constitute gross negligence, which is harder to waive. Examples include:
    • Failure to post rules and regulations
    • Failure to take safety precautions that other parks regularly take
    • Failure to correct known defects in the equipment
    • Not employing enough staff to monitor the jumping areas

Who Can Be Held Liable?

Depending on the circumstances, multiple parties may be responsible:

  • Trampoline Park Operators: They have a duty to maintain safe equipment, limit capacity, adequately supervise patrons, and train staff in first aid.
  • Equipment Manufacturers: If a defective trampoline component caused the injury, the manufacturer may be liable.
  • Other Patrons: In some cases, another patron’s actions may have contributed to the injury.

The Importance of Legal Representation

Filing a trampoline park injury lawsuit requires gathering evidence to prove negligence and hold the park accountable. An experienced attorney can:

  • Investigate the accident thoroughly.
  • Collect and preserve crucial evidence, including surveillance footage, incident reports, and maintenance logs.
  • Negotiate with insurance companies.
  • Represent you in court if a settlement cannot be reached.

Compensation for Your Injuries

If you have a valid claim, you may be entitled to compensation for:

  • Medical Expenses: Including past and future costs.
  • Lost Wages: If the injury caused you to miss work.
  • Pain and Suffering: Compensation for the physical and emotional distress caused by the injury.
  • Punitive Damages: In cases of gross negligence, punitive damages may be awarded to punish the park and deter similar conduct in the future.

Conclusion

A trampoline park injury can have significant physical, emotional, and financial consequences. By taking the right steps to document the incident, gather evidence, and seek legal counsel, you can protect your rights and pursue the compensation you deserve. Remember, time is of the essence, so act quickly to preserve your claim.