If you have sustained an injury whilst using a trampoline the liability may lay with another user, the manufacturer or the homeowner.
If you have been injured on a trampoline you may not necessarily know that another person could be found liable. However, if the owner of the property or another person played a role in your accident you may have a claim. The liability may also lay with the manufacturer, or even with someone who was using the trampoline at the same time as you.
Who was Responsible for your Injury
If you were injured on a trampoline one of the first things you need to consider is who was responsible for your accident and subsequent injury. When determining who may be liable you will need to consider who may be responsible, and you will also need to examine how your injuries occurred.
– Who was responsible
For the most part, accidents that take place on a trampoline are considered to be the user’s fault. However, the manufacturer, owner, and another user could also be responsible. It’s important that you try to work out who may be responsible because if you blame the wrong person it’s unlikely that you will receive any compensation.
– How your injuries occurred
It’s very important that you work out how your injuries occurred. Many injuries that take place on a trampoline fall into 3 factors:
1. There was something wrong with the trampoline when it was sent by the manufacturer to a store or a customer.
2. The owner of the trampoline did not maintain it properly, or they did not supervise its use.
3. Those using the trampoline were not behaving responsibly
The Different Types of Lawsuits
As soon as you have discovered who may be at fault for your trampoline accident you will need to understand which type of lawsuit you will need to file.
– The owner of the trampoline
If the owner of the trampoline caused the accident you could file a claim under a premises liability theory. This is because it was up to them to prevent injuries. This means that they should have made sure that the people using the trampoline were safe to do so. They will also need to supervise its use, ensure that the trampoline is safe to use, and maintain it properly.
The owner of the trampoline will also need to ensure that people are adequately supervised, especially if children and teenagers are using it. People often injure themselves when they are trying to do tricks, or collide with one another. Ideally, a trampoline would also be kept somewhere safe and secure, and the access ladder stored elsewhere so that children and teenagers are not tempted to climb up and make use of it when there is no-one around to supervise them.
– The trampoline manufacturer
If the manufacturer of the trampoline caused the accident you could file a products liability claim. The manufacturer of the trampoline should have made sure it was safe to use as intended. For example, if it breaks when two children jump on it, but it claims to be safe for two 200 pound adults you could have a claim.
– Another user
If another user caused the accident you could file a negligence claim against them. When using a trampoline everyone knows that they should act responsibly. If another user pushed you, or they deliberately jumped on top of you when you were using the trampoline their behavior could be seen as unreasonable. This is because your injuries may have been caused by their negligence.
Assumption of Risk
Particular activities such as skiing, trampolining, and other sports are considered to be dangerous. What this means is that if you should decide to use a trampoline you do so knowing that there is a chance you may get hurt. The assumption of risk could apply to you, and the defense may use this against you. However, this does not mean that you may not win your claim, but it is something you need to be aware of.
If you have been injured whilst using a trampoline, please speak to a personal injury lawyer as soon as you can.
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