Each year, 186,405 children aged 14 and under require medical attention for injuries sustained from using a trampoline. If your child is injured on a trampoline, there is a possibility that you can file a lawsuit to cover the cost of medical bills and other related damages. Depending on the situation, there is a possibility that you can hold more than one party responsible for your child's injuries.
Trampoline Owner
If the trampoline is not owned by you, there is a possibility that you could hold the owner responsible for your child's injury. Some states hold the owners responsible for properly maintaining and supervising the trampoline. Whether or not you can use this argument to support your case depends on the circumstances of the case. For instance, if the trampoline was in poor condition and your child fell as a result, the owner could be responsible.
You can also hold the owner responsible under the attractive nuisance argument. In some states, homeowners are required to safeguard certain items that could prove dangerous for children. In this instance, even if your child did not have permission to use the trampoline from the owner, he or she could still be responsible for your child's injuries if the trampoline was not properly secured so that children could not access it.
Trampoline Manufacturer
In addition to holding the owner responsible, you could also file a lawsuit or claim against the manufacturer if the equipment was flawed. It is the manufacturer's duty to ensure that the trampoline is properly made and able to withstand use.
For instance, if the springs on the trampoline detach without warning during use, you could argue that it is not properly constructed and that the manufacturer is liable for any and all injuries that result.
Another User
Although you might be reluctant to hold another trampoline user responsible for your child's injuries, it might be necessary. When using the trampoline, everyone is required to use it as it is intended. If another child on the trampoline does not, you can hold his or her parents responsible.
For instance, if another child deliberately flips into your child and knocks him or her off the trampoline, you can argue the other child's parents must pay for your child's injuries.
If you are still unsure of who should be responsible for your child's injuries or if you need more information about laws regarding trampoline injuries in your state, talk to an experienced personal injury lawyer.
