Who Is Liable for Trampoline Injuries?
Trampolines are often viewed as children’s toys. Yet they can be highly dangerous for both kids and adults – especially under extenuating circumstances, such as with a defective trampoline or a lack of proper child supervision. Trampoline injuries can include broken bones and painful back injuries. If another party caused or contributed to your trampoline injury in California, they may be financially responsible (liable).
How to Determine and Prove Liability for Trampoline Injuries
In personal injury law, liability generally comes down to the cause of the injury in question. It is necessary to determine how the trampoline injury occurred to identify the liable party or parties. If your trampoline injury happened because the trampoline collapsed due to a product defect, for example, the party responsible for the defect will be liable (often the trampoline manufacturer or distributor).
Proving liability requires proof of negligence. Negligence is the failure to use a reasonable amount of care, causing harm to others. Negligence has four elements of proof: the defendant owed you a duty of care, the defendant negligently breached this duty, the defendant’s negligence caused your accident and you suffered compensable losses.
The owner of the property where the trampoline injury took place may be liable if he or she failed to ensure the safety of the trampoline. If the cause of the accident was related to poor property maintenance, for example, such as allowing a guest to use an old or broken trampoline, the property owner may be responsible for a related injury. An owner could also be responsible for failing to keep trespassing children off of a trampoline, as it is classified as an attractive nuisance that is dangerous for children.
A business owner could also be liable for trampoline injuries as the owner of a facility that offers trampolines, such as a jump park or gym. A business owner has a responsibility to maintain a reasonably safe premises for customers, such as adequate hazard warnings and trampolines that are in good operating condition. If the business is negligent in maintaining a safe premises for customers or guests, it could be liable for related trampoline injuries.
Many trampoline injuries are related to product defects. If a trampoline contains a manufacturing, design or marketing defect, it could present a danger to users even if the owner of the trampoline uses the appropriate amount of care. For example, a manufacturing error that involves missing screws could lead to a trampoline buckling and collapsing while in use. If you or your attorney can show that the trampoline contained a defect and that it caused your injuries, the rule of strict liability generally does not require proof of the manufacturer’s negligence.
Babysitter, Supervisor, or Individual On or Near the Trampoline
You may also have grounds to file a lawsuit for a trampoline injury against an individual if that person or party contributed to your injuries. If a child was injured on a trampoline while under the supervision of a parent, babysitter or school employee, for example, you may have grounds to file a lawsuit against that party for failing to properly supervise children who were on the trampoline. If another individual caused your trampoline injury by throwing something at you or jumping on top of you, this could also place liability with the individual.
Consult With a Lawyer
Liability is a tricky subject in any type of lawsuit. If you or a loved one was injured while using a trampoline, discuss your right to bring a lawsuit against one or more parties with an attorney right away. A Los Angeles premises liability attorney can carefully investigate your accident, determine liability and gather evidence to prove your case. No matter what type of lawsuit you have after a trampoline injury, the right attorney can assist you with the legal process to maximize your case outcome.