Remember back yard trampolines like the one pictured below? They may not be the rage these days, but large parks with row after row of indoor jumping surfaces are. The industry is growing rapidly and is largely unregulated. During a recent visit to such a park in Texas, a Waller County 6-year-old suffered serious orthopedic injuries. An adult customer of the park was on the apparatus at the same time as the child, making conditions completely unsafe for the 6-year-old and resulting in the injuries.
In a lawsuit filed by Justin Burrow and Rob Ammons on behalf of the child through her parents, it is alleged that the trampoline park’s owner/operator failed to properly supervise and manage activities at the park and failed to properly train its staff. Ammons also claimed that the safety policies in place at the park were either insufficient or were not properly followed and enforced. Additionally, according to Ammons, customers are not properly warned of hazards and instructed on the risks involved in use of trampolines despite the American Academy of Pediatrics having stated that the only time trampolines should be used by children is for training programs or certain sports, and then only under supervision of a trained adult.
“As an invitee on the trampoline park’s business premises, this child was owed a duty under Texas law. The owners and operators of the trampoline park are required to exercise reasonable care in providing a safe facility that is free of negligent activities and defects,” says Burrow, “a duty they wholly failed to meet when this child was hurt.”
Burrow also explains that waivers signed by some trampoline park customers may or may not be enforceable. Many—especially those involving children who should not be able to sign away their rights—have been ruled null and void and should not prevent injured individuals from seeking legal advice and possible remedies for their damages.
The Ammons Law Firm has a nationwide personal injury practice focusing on tire defects, truck accidents, rollovers, consumer protection and product liability, catastrophic injury, wrongful death, post-collision fires, seat belt defects, air bag defects and plant explosions.