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Since jumping on a trampoline is inherently dangerous, those who get hurt while doing so rarely have grounds for a personal injury claim. What if their injuries could have been prevented, though? In other words, what if they were the direct result of another party's negligence? When this is the case, a trampoline accident may indeed warrant a suit; however, identifying the at-fault party can be challenging. Here's what injured parties should know about naming defendants in such a claim. 

Determining Liability

There are several parties who might be liable for trampoline-related injuries. If you were hurt because of a defect, for example, the manufacturer may be at fault. If you sustained injuries at a trampoline park because staff failed to replace worn equipment, on the other hand, the owner of the facility could be liable. 

There are also scenarios in which homeowners can be responsible for trampoline injuries. A trampoline is considered an attractive nuisance, which means those who have one on their property must take steps to protect potential trespassers. If they fail to do so and someone, such as a child, gets hurt as a result, the homeowner could be liable.  

Proving Liability 

personal injuryProving liability for injuries sustained when performing dangerous activities can be challenging because of the assumption of risk. For example, those who jump on trampolines know that doing so could end with them getting hurt. Sustaining injuries in an unanticipated accident is much different than getting hurt because of someone else's negligence, though. As long as you can prove negligence contributed to the incident, you should be able to recover compensation for all resulting damages, regardless of your own assumption of risk. 

The strongest evidence of liability will depend on the circumstances of the case. If a defect was responsible, for example, the trampoline itself will be proof of the manufacturer’s liability. If a negligent homeowner failed to implement reasonable safety measures, photographs of the property and any fencing—or lack thereof—around the trampoline could help prove fault.  

 

If you want to file a personal injury claim in Ohio, turn to Miraldi & Barrett, Co. Located in Lorain, the lawyers at this firm have been representing clients throughout the area since 1949. By limiting their scope of practice to personal injury and wrongful death, they can provide the most comprehensive counsel possible. To reach out and request an initial consultation with a compassionate personal injury attorney on their team, fill out the form on their website or call (440) 233-1100.

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