Do trampoline park waivers hold up in civil court?

Personal Injury With A Personal Touch

Do trampoline park waivers hold up in civil court?

On Behalf of | Feb 22, 2022 | Personal Injury |

Indoor entertainment facilities like trampoline parks give kids an opportunity to exercise, but the risk of severe injury is impossible to ignore. The more exciting the attractions in a trampoline park, the more likely they are to put visitors at risk of getting hurt.

Especially when there are children of various ages using the same equipment, the possibility is there for broken bones, traumatic brain injuries and even spinal cord injuries. An analysis of injuries from one park found that sprains and broken bones were the most common injuries people suffered. The research also found that people were more likely to hurt their lower body than their upper body.

Typically, before your children can go bounce at such a park, you have to fill out a waiver absolving the park of liability if your child gets hurt.

Liability waivers only offer basic protection

In some cases, the liability waiver that you fill out at trampoline parks and similar facilities help reduce the company’s liability. New York has strict rules about enforcing such waivers.

If someone gets hurt while breaking the rules of the establishment, like jumping while under the influence of drugs and alcohol or attempting a maneuver that is clearly posted as prohibited, the park can likely reference a liability waiver and their defense to a lawsuit or insurance claim that results from those situations. Those following the rules established by the facility at the time they get hurt will usually have better grounds for a claim.

However, if staff members did not properly monitor the facility, if inadequate maintenance led to equipment failure or if there is a reason to suspect misconduct or neglect contributing to the injury, then the waivers may not hold up in court.

Even when you may not have grounds for a civil lawsuit, you may still be in a position to bring an insurance claim for injuries, property damage and similar losses. Premises liability insurance may apply when a visitor gets hurt at an indoor amusement facility, like a trampoline park.

Reviewing the waiver you signed and the situation could help you take action when someone suffers a personal injury at a trampoline park.