A Texas family is suing an indoor trampoline park after their teenage son was seriously hurt while using its trampolines.
Cosmic Jump, a business in Houston, is being sued over a head injury suffered by then 16-year-old Max Menchaca, who allegedly "fell through a hole or a rip in the trampoline canvas" and hit the concrete floor below, his lawyer told Houston's KRIV-TV.
Trampolines are often magnets for injuries, but what are the specifics of Menchaca's lawsuit?
Victim Suffered Traumatic Brain Injury
Charlie Gustin, the Menchacas' attorney, says the teenager suffered "bleeding on his brain" and "skull fractures." Menchaca's traumatic brain injuries are not uncommon from victims of forceful falls, and this kind of serious injury can often cause paralysis or even death.
Though Max wasn't paralyzed, his mother Traci told KRIV that her son wanted to be an astronaut, and now he struggles with simple tasks like writing and keeping his balance.
In a premises liability suit against Cosmic Jump, the Menchacas could seek compensation for the unsafe conditions which led to Max's brain injuries. Their suit may allow the Menchacas to receive money for Max's past and future medical expenses as well as pain and suffering for his potentially permanent loss of faculties.
And while trampoline parks often require patrons to sign liability waivers, such waivers don't apply when business owners "[allow] a dangerous condition to exist on their premises," attorney Gustin told KRIV.
Trampoline Tips for Parents
Trampolines may be appealing to many children and teens, but parents should be aware of the safety and legal risks that these amusements pose. For example:
- Trampoline parks are often less regulated by the city or state than other amusement parks because they require no moving parts or machinery.
- Parks may rely on a child's assumption of risk to defend against lawsuits -- claiming a child was assuming risky behavior by "double bouncing" or going outside a designated area.
- And as mentioned already, most parks require entrants to sign a liability waiver protecting the owner from many of the injuries incurred by children on trampolines. But again, not all types of situations are covered by such waivers.
If your child or someone you love has been injured at a trampoline park like Cosmic Jump, contact an experienced personal injury attorney to discuss how best to move forward.
Related Resources:
- Family sues indoor trampoline park after 17-year-old suffers serious head injury (Houston's KHOU)
- Chicago Trampoline Centers Sued Over Injuries (FindLaw's Injured)
- Playboy Sued: Model Injured in Trampoline Fall (FindLaw's Injured)
- Bounce House Injuries Jump to 11K Per Year (FindLaw's Injured)
