Can I Sue a Trampoline Park If I Signed a Waiver?
If your child was harmed at a trampoline park, don't think that you don't have a case simply because a disclaimer was signed.
Over the last few years, the popularity of trampoline parks has skyrocketed. There were only three of these facilities in the United States less than a decade ago. But now, countless trampoline parks have sprung up all across the country. Within Kentucky particularly, parks like Altitude, Sky Zone, Get Air, and more have become public hotspots.
However, while a day out at these facilities can be pleasant for everyone, a lack of regulation and improper operation have resulted in poor safety standards and dangerous parks, putting guests at risk of severe injury or death.
This has also led to several lawsuits filed by people who sustained bodily injuries while enjoying these facilities. As the law makes clear, owners and operators of premises, including trampoline facilities, must take proper care to avoid injury to guests.
If your child has been hurt at a trampoline park, contact our firm to get the compensation your child deserve.
Trampoline Park Negligence: Design and Maintenance
Due to the prevalence of lawsuits against trampoline parks, operators came together to form an association called the International Association of Trampoline Parks (IATP). Consequently, they created safety standards directing the design, operation, and maintenance of member parks.
However, these safety regulations are only industry guides, and trampoline parks are not legally compelled to follow them. In fact, despite these regulations, various factors continue to enhance the risk of injury at these parks such as:
- Vague instructions or misinformation
- Faulty equipment or badly maintained trampolines
- Inadequate padding and safety procedures
- Excessively hazardous design
- Scarcity of qualified personnel
- Insufficient supervision and enforcement of the rules
Types of Injuries at Trampoline Parks
Trampoline park injuries in Kentucky can range from mild to severe and even fatal due to the varied levels of trampoline park safety. The most common injuries include:
- Traumatic brain injury
- Head injury
- Broken bone
- Spinal cord injury
- Scratches & cuts
- Rash or irritant skin
Causes of Trampoline Parks Accidents
Trampoline attractions can be hazardous if the staff neglects to enforce the rules and maintain their equipment. Accidents may occur for several reasons, such as:
- Too many people are allowed on the trampoline at once, resulting in collisions.
- Guests are encouraged to jump unsafely, thereby hitting their heads on a hard surface.
- The staff does not supervise its guests.
- The trampoline is not assembled properly.
- The trampoline is missing protective devices.
What I Signed a Trampoline Park Waiver?
Trampoline parks typically present purchasers with a liability waiver to sign before using their facility. The intention is that the waiver protects the facility from any liability in the event of significant bodily harm, permanent disability, or death. In other words, according to waiver, the facility cannot be sued if a person or parent signs a disclaimer for themselves or their child and an accident occurs.
While businesses may claim that these disclaimers will stand up in court, this isn't necessarily the case. This is particularly true if a kid is hurt after a parent has signed a waiver. According to the Kentucky Supreme Court, a parent cannot legally engage in a contract on behalf of their child.
So, if a trampoline park is involved in an accident, the facility can be held liable if negligence is proved. If you were harmed after signing a liability waiver, consulting with a Louisville lawyer is the best method to evaluate whether the waiver is legitimate.
Who is Liable for a Trampoline Accident?
Accident liability at a trampoline park is situational and dependent on the specifics of the incident. If the injury was caused by the wounded party infringing the park's rules, the injured party might be held liable. However, suppose the injured party was hurt due to dangerous park facilities, negligent maintenance, lack of supervision, or other causes unrelated to the injured person's activities. In that case, the trampoline park may be held liable. The three parties who are to be held liable are:
- The facility manufacturers of the trampoline parks
- Owner of the trampoline park
- The company designers and installers
What Evidence Do I Need to Help My Claim?
It would be best if you started building your trampoline park injury case after contacting a personal injury lawyer and establishing a liable party or parties. Have strong evidence that will help with your claim. Start by:
- Taking pictures of the facility and the area where the incident took place
- Recall the event by drafting it somewhere
- Get witness information and statements
- Collect every necessary medical document concerning the injuries
- Document your lost wages, medical expenses, and others
How Long to I Have to File an Injury Claim Against Trampoline Park?
In Kentucky, there is a one year statute of limitations for personal injuries. However, the one year limitation period does not begin to run until the plaintiff is an adult. In Kentucky, this means a child's injury claim does not begin to accrue until the child turns 18. Therefore, a child injured at a trampoline park may file suit at any time on or before his or her 19th birthday, regardless of whether a year has passed since the injury. This being said, it is important to get such claims started as soon as possible after an incident has occurred in order to preserve evidence that may be critical to the case.
Speak to a Personal Injury Attorney for Help
If your child was harmed at a trampoline park, don't think that
you don't have a case simply because a waiver was signed. Remember, in Kentucky, such waivers are invalid.
To get back the compensation that you deserve, reach out to a personal injury lawyer to help you review the details leading to your injuries and draft out the best course of action for your case.
ssible to protect your rights.