Trampolines are bouncy and buoyant when everything goes right, but what about when something goes wrong? If it is a backyard trampoline, those wires and metal poles can do plenty of harm. Trampolines at trampoline parks are safe under ideal circumstances, but if the inflatable part of one of them deflates, there is nothing but air separating you from a hard concrete floor.
Almost everyone who has jumped on a trampoline on more than a few occasions has some battle scars to show for it. If you are lucky, it is just some bumps and bruises that you can easily laugh off or even brag about. Serious injuries resulting from trampoline accidents are a real possibility, though, and people who get injured in preventable accidents involving trampolines have the right to seek compensation from the owner of the trampoline. If you sustained serious injuries when a trampoline collapsed or when you fell off of a trampoline, contact a New York trip and fall accident lawyer.
Can You Sue a Trampoline Park Even if You Signed a Liability Waiver?
In New York, as in other states, premises liability laws give you the right to sue a place of business if you get injured in a preventable accident at the place of business when you are a customer, known in legal terms as a business invitee. Paying guests who jump on trampolines and participate in other recreational activities, such as zipline rides and rock-climbing walls, at a trampoline park meet the definition of business invitees.
Because the physical activities that customers seek out at trampoline parks carry an inherent risk of physical injury, the trampoline parks often ask customers to sign liability waivers when they enter. These waivers usually say that, by signing, guests agree to jump, climb, and zipline at their own risk, and they agree to hold the trampoline park harmless for any accidental injuries.
Case law on trampoline park liability lawsuits shows that it is not that simple. Even if you sign a waiver, it is still the trampoline park’s responsibility to ensure that the trampolines and other attractions are maintained in safe condition, and if the employees do not properly fasten guests’ safety harnesses for attractions that require them.
What Happens if the Trampoline Accident Happens at a Private Residence?
You can also sue for premises liability if you get injured while you are a guest at someone’s private residence. In this case, you must prove that the property owner should have known that the trampoline was not properly installed or required maintenance. Likewise, trampoline owners must ensure that the trampoline is not an attractive nuisance, meaning that children cannot easily access it without adult supervision.
Contact Leitner Varughese Warywoda About Premises Liability Cases
A premises liability lawyer can help you if you suffer serious injuries because of an accident at a trampoline park or on a trampoline at someone’s house. Contact Leitner Varughese Warywoda PLLC in Brooklyn, New York, or call (212)671-1110 to discuss your case.
