By David Wolf, Attorney and Robert Fernicola, Attorney
Published by Child Injury Lawyer Network
Trampolines are common sites in most neighborhoods especially those with small children. While a trampoline can provide children with an activity that is away from the computer, smart phone, X-Box, and other sedentary activities, the trampoline can also be the site or location for serious personal injuries. Unfortunately, many homeowners, business owners, school administrators, or amusement – theme park operators with trampolines on the premises fail to maintain the trampoline in a safe condition OR fail to provide adequate and appropriate adult supervision during the child’s use of a trampoline. Small children especially those with poor motor skills are especially at risk for trampoline related personal injuries. There are some safety precautions that can and should be taken as follows:
1. The trampoline should be inspected prior to each use to make sure that the footing of the trampoline is secure, all debris is removed from the trampoline, the appropriate side netting is in place, and the trampoline is dry.
2. In most instances, use of the trampoline should be limited to one jumper. It is a recipe for danger when a small child is jumping on the trampoline concurrently with a larger adult. The force and effect of the adult jumping on the trampoline can cause serious personal injuries for the child jumping as well.
3. Adult supervision should be in place at all times especially for younger children. Being in the house and glancing out of the window every now and then may not be sufficient supervision. Ideally, a parent or adult should be in place at the trampoline to give instruction and to monitor the proper use of the trampoline by the child.
The risks and dangers of trampoline use are well documented even beyond the United States. An article in the Telegraph – an United Kingdown published noted the dangers of trampolines and the emergency room / hospital admissions involving trampoline related personal injuries. See Trampoline – Warnings, Risks and Hospital Admissions.
The book titled – The ABCs of Child Injury – Legal Rights of the Injured Child – What Every Parent Should Know – has chapters on School Injuries, Playground Injuries, Day Care Center Injuries, Homeowner’s Insurance, Sports Related Injuries, Amusement and Theme Park Injuries, and other topics. You can get this book for free at The ABCs of Child Injury.
If a child is injured on a trampoline at a home, business, school, or amusement park, there may be a cause of action or a claim that a parent can pursue on behalf of the injures child. The pursuit of the case and the settlement or compensation obtained will depend on a number factors including but not limited to the followins:
The age of the injured child’
The number of persons using the trampoline at the time of the incident;
The safety precautions in place (i.e. netting, adult supervision, maintenance, etc.)
The circumstances leading up to the injury;
The preventability of the injury with proper trampoline use and / or adult supervsion;
The type and amount of homeowner’s insurance or liability insurance for trampoline related personal injuries;
The type, kind, and extent of the personal injuries suffered by the child;
Medical treatment recevied for the injured child; and
Medical treamtent in the future needed for the injured child.
A Child Injury Lawyer can help a parent work through the above issues and conduct an investigation as to the cause and preventability of the trampoline related personal injuries. Each potential case should be evaluated on it own facts, circumstances, and merits.