Trampolines are popular additions to many backyards, offering hours of entertainment and exercise. Unfortunately, they can also be serious safety hazards, resulting in numerous injuries each year. While some incidents happen because of user error, others can be attributed to the negligent actions of another party. If your child was hurt while jumping on a trampoline, a personal injury attorney can advise you on your right to recover damages, but you must first determine who was responsible for the accident. The following information will help you decide what course of action to take.
What to Know Before Pursuing Compensation for a Trampoline Injury
Potential Parties That Can Be Held Responsible
In accidents involving trampolines, it’s possible for a few different parties to be at fault. Depending on how the injury occurred, liability could fall on the trampoline’s manufacturer, retailer, distributor, owner, another user, or a combination thereof. To figure out whom to hold responsible, you must consider:
- If the trampoline was defective or if there weren’t adequate instructions or warnings provided for consumer use. This means the manufacturer, distributor, or retailer may be to blame.
- If the trampoline was insufficiently maintained or the injured child wasn’t being supervised at the time of the accident. In this case, the owner could be held accountable.
- If someone else on the trampoline acted in an unsafe or irresponsible manner. Under these circumstances, you might seek damages from another user.
Based on your description of what took place, a personal injury attorney can help make sure your claim involves all the right parties.
Regardless of who was at fault, four elements of negligence must be proven to recover damages for a trampoline injury. This includes:
- The defendant owed the injured party a duty of care to keep them out of harm’s way.
- That duty of care was breached.
- The injuries sustained were a direct result of the defendant’s negligent behavior.
- The injured party incurred losses because of their injury.
Your personal injury attorney must collect evidence to help support your claim, such as anything that shows the trampoline was made with faulty parts, was assembled incorrectly, or was placed on uneven ground. Proving the injured party was knocked off by a fellow jumper could also stand as evidence.
Assumption of Risk
Under the law, certain activities, such as jumping on a trampoline, are considered inherently dangerous. This means those engaging in such activities should know there is potential for injury, and as such, they may not be able to take legal action for negligence. However, though this defense may work against adults, it’s less likely to be effective in cases where a child has been injured.
Once your child has received proper medical treatment for their trampoline injuries, it’s best to consult a personal injury attorney to learn if you have grounds for a negligence claim. Offering more than 16 years of legal experience, Kevin R. Bryant Attorney at Law can help you gather the evidence necessary to establish liability. He’s helped numerous residents throughout Cumberland County, TN, pursue justice and compensation, and he’ll significantly improve your chances of a favorable outcome. Call (931) 787-1004 to schedule a consultation, or visit him online for more information on the services he provides.