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Trampoline parks are springing up all across America, and so are emergency room visits by children getting hurt at these facilities. A recent study revealed emergency room visits following injuries sustained specifically at indoor trampoline parks ballooned from fewer than 600 in 2010 to nearly 7,000 in 2014.
Almost every one of these trampoline parks requires jumpers, or their parents, to sign waivers prior to entering the jumping facility. Does that mean you cannot sue the trampoline park if your child gets injured?
Trampoline park waivers almost always contain clauses waiving your right to recover any costs associated with injuries sustained while jumping on the trampolines in the park. They often go further to state that if you try to sue, they will go after you for legal fees. And they don't just release the facility operator from liability, but just about anyone that has ever touched the trampoline. If your child gets hurt jumping on one, is recovering costs hopeless? Not necessarily.
Waivers are governed by state law, and they often hold up in court. However, most states allow plaintiffs to negate waivers in some situations, such as:
In 2016, a Texas family was awarded $11.485 million in a lawsuit filed after their son suffered a traumatic brain injury at a trampoline park in 2013. About half of that award was for compensatory damages and half for punitive damages. In that case, there was a tear in the trampoline, and the boy fell through the trampoline and onto the hard floor. The trampoline park waiver could not protect the company against gross negligence, and the family won the case.
If you or your child was hurt in a trampoline park accident, you may be able to recover for your loss, even if you signed a waiver. Contact a local personal injury to see if the facts in your case are actionable.
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