When is Your Trampoline Accident Worthy of a Liability Lawsuit?
Not only are trampolines a great way to stay in shape, but also no matter what age you are, they are a source of fun. Trampolines can be a great activity to get the kids out of the house and into nature for some fresh air, as well as a great bonding activity between parents and children.
However, with this great fun comes great risk. Research shows that 90% of trampoline injuries are sustained by children between the ages of 5 and 14. Over half of these injuries are sustained when two or more children are jumping on the trampoline at the same time.
Trampolines are rather complex items and there are many causes of injuries. Some of these causes include colliding with another jumper, falling off the trampoline, landing on the springs or frame of the trampoline, or just simply having a bad landing. Some of these causes are preventable, but some are simply accidents.
When Is an At-Home Trampoline Accident Worthy of a Lawsuit?
Liability for trampoline injuries is specific to the situation. However, generally speaking, a trampoline owner will be liable for injuries that occur on or around a trampoline if the owner’s negligence played a main role in causing the injuries. Homeowners have a legal obligation to use appropriate care when it comes to the safety of people who are visiting their property, and more specifically using their trampoline.
A trampoline owner must take safety precautions, not only to reduce the likelihood that anyone will get hurt on or around the trampoline, but also to ensure the owner will prevail in court by arguing that all of the appropriate safety precautions were taken. A trampoline owner must ensure that the trampoline is in good condition and is not near any unsafe areas such as concrete or low-hanging power lines.
A Defect in the Manufacturing or Design
Often, at-home trampoline accidents will be worthy of a lawsuit where they have occurred due to a defect in the manufacturing or design. Manufacturing defects occur in situations where something was wrong with the trampoline when it left the manufacturer, making it a defective product. When a product is defective, it means that the manufacturer failed to live up to its promises and obligations and is at risk of a lawsuit.
Because trampolines are high off the ground, use springs to propel their users into the air, and are made of metal, if anything has gone wrong in the manufacture of the trampoline, this poses serious risks to those using it. A trampoline manufacturer has the responsibility of ensuring that trampolines are sturdy and can withstand wear and tear from living outside in the elements.
A trampoline may also be defective if there has been a failure to adequately warn of the trampoline’s dangers, and to provide instructions on how to use it safely. The absence of these is considered to make the product dangerous and defective. As well as this, design defects can also be the basis for liability for injuries where the poor design of the trampoline has been a cause of the user’s injuries.
How We Can Help
If you or a loved one has been in a trampoline accident it is important to have an experienced personal injury attorney on your side. The friendly and experienced team at DiBella Law Offices, P.C., can help you ensure your case runs smoothly. Give us a call today at (978) 327-5140 to see how we can help you.