Trampolines are great fun. However, they can be expensive and they also consume a lot of space. If you don’t want to spend money or lose your precious yard space because of a trampoline, you may be able to take advantage of a trampoline park in your area.
However, it is important to be cautious. Trampoline accidents are becoming more common as trampoline parks become more ubiquitous. You or your loved one could end up in hospital with serious injuries following a trampoline accident.
Signing Trampoline Park Waivers
Playing on trampolines involves a high risk or injury – in some cases, injuries can be extremely serious. Trampoline parks protect themselves by having customers sign a waiver. These waivers protect the parks from being sued in case of an accident. By signing these park waivers, you waive your right to recover damages or costs associated with any injuries you sustain while using a trampoline at the park.
Some waivers even take it a step further and state that if you should sue the park for injuries, they can pursue you for legal fees. These waivers don’t just absolve the facility operator, but just about everyone who has ever used the trampoline.
Can You Recover Compensation from Trampoline Parks?
If you or your child has been injured while jumping on a trampoline in a trampoline park, you may be wondering whether you can recover compensation. If you signed a waiver, you may think that it is hopeless and decide not even to inquire further. The truth is that not all waivers are air-tight. In fact, with the help of an experienced lawyer, you may be able to overcome the waiver and pursue a claim for damages.
The following are a few ways you may be able to overcome a waiver or release and recover damages:
- Language: If the release was poorly written such that it does not fully cover your situation or is overbroad, a court may find that it is unenforceable and allow you to proceed with your case.
- Format: If critical language is not presented in a way that it can’t be missed, e.g. capital letters or bold type, that could allow your lawyer to argue that it is not enforceable.
- Gross negligence: Waivers can protect the company against ordinary negligence. However, if your injury was caused by gross negligence or reckless conduct by an employee, the waiver may not bar your claim.
- Defective products: Waivers don’t protect the manufacturer against a defective product. So, if your injury was caused by a defective product, you may still have a claim against the manufacturer even if you can’t pursue a claim against the trampoline park.