If your child has been injured in another person's trampoline, the person may be liable for your kid's injuries depending on the circumstances of the accident. For example, the homeowner becomes liable for the injuries if they didn't take one or more of these precautions:
Supervising Kids on the Trampoline
Using a trampoline incorrectly can turn it from a plaything to a dangerous instrument. Therefore, if the homeowner knows or should know that their visitors don't know how to use the trampoline properly, they should be there to offer guidance and supervision. Adults are generally expected to know the dangers of a trampoline so they may not need supervision. However, kids may not be aware of these dangers, so they should be closed supervised. For example, if kids are jumping on the trampoline, the homeowner should be there to ensure that the kids don't do somersaults, crowd the trampoline (it should be one user at a time) or. Therefore, if your child is injured on a trampoline, proving that supervision was nonexistent can help you make a case against the homeowner.
Maintaining the Trampoline
When a homeowner allows people to jump on their trampoline, they do so with a tacit acknowledgment that the trampoline is properly maintained and won't cause any injuries. Thereafter, the homeowner becomes liable for any injuries incurred by those using the trampolines.
Therefore, if you have been injured by a trampoline, you may hold the homeowner responsible for your damages if you can trace your injuries to the homeowner's negligent maintenance of the trampoline. Here are some factors that prove a trampoline is poorly maintained:
- The trampoline is dirty; this is dangerous because the foreign particles can damage the mat or get caught on the springs and cause injury.
- The trampoline has sagging springs; this means the springs have lost their tension.
- The mat is frayed or has holes in it.
Securing the Trampoline
A trampoline is an attractive nuisance, which is a fancy way of saying that children are drawn to it and it can cause serious injuries to them. The law expects owners of attractive nuisances to secure those nuisances so that kids, including trespassers, do not start playing and get injured with them. Fencing the trampoline or storing the access ladder are some of the ways homeowners can ensure that trespassing kids don't get access to the trampoline.
This kind of lawsuit can be expensive, so don't be surprised if the homeowner refuses to acknowledge their role in the accident. A personal injury attorney can help you prove your claims.