March 23, 2020 Slip, Trip, or Fall Chris Stolmeier

San Antonio Slip and Fall Lawyers

A trampoline park injury can be catastrophic. Trampoline park injuries have become more common as more parks open. These parks have attracted many families, especially young children, because of their novelty. Trampolines are great ways to have fun while exercising, but trampolines are no loner reserved to back yards or gymnastic centers. Trampoline parks have begun to pop up across Texas and America as a way to enjoy the fun of trampolines without the cost and maintenance of owning one.

Trampoline parks are centers for birthday parties and weekend outings for many families. The growth in the number of these entertainment facilities presents an increase in debilitating injuries due to unsafe conditions. States have not provided any regulations to ensure these trampoline parks are safe, so it is up to you to understand your rights when you or a loved one suffers a trampoline park injury.

How Does a Trampoline Park Injury Waiver Affect Your Rights?

If you have been to a trampoline park it is more likely than not that you have been asked to sign a liability waiver for yourself or on behalf of your children in order to not sue the trampoline park for injuries caused by their negligence. Many people feel as if these liability waivers are daunting restrictions on your ability to file a lawsuit against the trampoline park for negligence.

However, these waivers may not have any affect on your ability to file a lawsuit. Many times trampoline parks simply require visitors to sign a waiver in order to lead visitors to believe that since they signed the waiver, they cannot file a lawsuit. But there are two primary reasons why these liability waivers can be ineffective.

How a liability waiver can be ineffective.

First, as mentioned in our article about children who have suffered injuries at a daycare, courts have determined that liability waivers parents sign to prevent a child from bringing a lawsuit against the trampoline park for injuries due to the park’s negligence are not enforceable. Simply because a parent has signed this liability waiver does not mean an injured child is prevented from recovering damages from injuries caused by the park’s negligence. The idea behind a negligence suit is to allow the injured person to be compensated. Preventing a child who has suffered injuries as a result of a trampoline park’s negligence from filing a lawsuit because the child’s parent signed a liability waiver contradicts the purpose of negligence law. Now, while your child can still recover compensation for his trampoline park injury, the child will need an adult to bring the lawsuit on his or her behalf.

Second, many courts have held that these liability waiver forms are not enforceable due to public policy restrictions. Courts have determined that if these liability waivers were enforced, then trampoline parks could take less care in maintaining their facilities and supervising children because they would not be held liable for any negligent harm as a result of this lack of care. 

If you are unsure of how a liability waiver will affect your rights or your child’s rights, you should contact Stolmeier Law immediately. 

Common Trampoline Park Injuries

Trampoline parks are large entertainment facilities that include many attractions and areas such as the trampoline area, arcade area, basketball area, party rooms, bathrooms, etc. All of these areas and attractions can pose potential injury to children, teenagers, and even adults. The following include, but do not limit, the common trampoline park injuries:

• • Bruises
  • Cuts
  • Scrapes
  • Sprains
  • Broken bones
  • Dislocations
  • Back injuries
  • Neck injuries
  • Traumatic brain injuries (TBI)
  • Paralysis
  • Death

Causes of a Trampoline Park Injury

Injuries at trampoline parks are not just restricted to injuries caused by trampolines themselves; there are many other causes of trampoline park injuries. The following list includes, but does not limit those causes:

• • Slip and Falls
  • Uneven surfaces
  • Broken or damaged trampolines
  • Collisions while on trampolines
  • Unsecured padding
  • Exposed springs
  • Double-bouncing
  • Overcrowding, which leads to dangerously foreseeable activity by guests
  • Improper instructions prior to using the trampolines, which leads to dangerously foreseeable activity by guests
  • Inadequate employee supervision leading to dangerously foreseeable activity by guests
  • Lack of warning signs leading to dangerously foreseeable activity by guests

What to do After Suffering a Trampoline Park Injury?

Similar to other premises liability claims, it is important to know what to do if you suffer a trampoline park injury. However, you need to be aware of this information prior to ever suffering a premises injury. Knowing these tips after the fact will do little to help your personal liability claim as much of the evidence will be remedied and the witnesses will have left. The following tips can help you provide the best evidence to your attorney for your trampoline park injury:

1. Assess your injuries. Your health is of paramount importance. Contact emergency service if necessary.
2. Take pictures or video of the cause of your injury. It’s important to take pictures or video of the cause of your injuries as soon as possible because property management will attempt remedy the hazard as soon as possible.
3. Take pictures or video of the surrounding areas. This is important because it provides a background to your injuries. It can answer questions such as, Were there any warning signs present? Was the trampoline park overcrowded? Was the trampoline park appropriately staffed?
4. Take pictures or video of your injuries if possible.
5.  Save your clothing from the accident or take pictures of your clothing. In trampoline park cases your clothing will show where you came into contact with a slippery substance. In other cases, your clothing can be used as evidence to show you suffered bleeding from your injury.
6. Ask witnesses for their contact information. This is important because a witness can strengthen your claim.
7. Ask management to file an incident report and obtain a copy of the report.
8. If the manager or owner contacts you about your accident, record the conversation. Management or owners may admit to fault during this conversation so it’s important to have a recording.
9. Contact Stolmeier Law about your trampoline park injury.

Contact Stolmeier Law, San Antonio Slip and Fall Lawyers

We are San Antonio Slip and Fall lawyers. Stolmeier Law has served personal injury victims in San Antonio and South Texas for over 35 years. Stolmeier Law is dedicated to getting personal injury victims the most compensation possible. We will never treat you like just another case and we will not pass your case down to an inexperienced lawyer. Unlike other law firms, at Stolmeier Law, you will be able to put a face to the name of the lawyer that is actually representing you, not just to the lawyer on TV. So if you or a loved one has been seriously injured at a trampoline park do not hesitate to contact Stolmeier Law, San Antonio Slip and Fall lawyers. Slip and Fall? Call Stolmeier Law.