Many parents buy their children a trampoline thinking it will be a healthy and fun way for them to exert energy. Unfortunately, this popular backyard apparatus can pose a serious safety hazard if it’s used carelessly, poorly maintained, or incorrectly assembled. Getting hurt on a trampoline doesn’t always mean someone is at fault, but if negligence causes an accident, a personal injury claim may be filed. However, liability must be established first. Here is some information that can help determine who’s responsible for a trampoline injury.
What to Know When Filing a Personal Injury Claim for Trampoline Injuries
Parties That Can Be Held Responsible
When an injury occurs on a trampoline, a few different parties can be named in a personal injury claim. Depending on how the accident happened, it’s possible for liability to belong to the trampoline’s manufacturer, retailer, distributor, owner, another user, or any combination thereof. To determine who should be held financially responsible, the following must be considered:
- Whether the trampoline was defective or lacking sufficient warnings or instructions for safe consumer use. In this case, the manufacturer, distributor, or retailer is likely to be at fault.
- Whether the trampoline was inadequately maintained or the injured child wasn’t being properly supervised when the accident took place. Under these circumstances, the owner might be to blame.
- Whether someone else jumping on the trampoline behaved in such a manner that was deemed unsafe or irresponsible. This means the injured party may pursue compensation from another user.
How to Prove Liability
No matter who the personal injury claim is filed against, victims of a trampoline injury must prove four elements of negligence exist in their case before they can be awarded damages. These include:
- The defendant had a duty of care to keep the injured party out of harm’s way.
- The duty of care was breached.
- The injuries suffered directly resulted from the defendant’s negligent actions.
- The injured party incurred substantial losses.
What Is Assumption of Risk?
According to the law, some activities, including jumping on a trampoline, are regarded as inherently dangerous. In other words, anyone engaging in such activities should recognize there is potential to get hurt, and for this reason, may be barred from taking legal action due to negligence. However, this defense is typically only effective when used in cases involving adults, and there’s a good chance it won’t work in situations where a child has been injured.
If your child has been injured while using a trampoline, don’t hesitate to contact the Law Office Of Lawrence W. Henke, III. Attorney Henke offers more than 40 years of legal experience and has a vast knowledge of personal injury law and the claims process. He has helped countless residents in Dayton, OH, and the surrounding areas achieve maximum compensation for their injuries. Call (937) 461-9330 to schedule a review of your case, and visit the firm’s website for more information on the representation you can expect to receive.