The American Academy of Pediatrics (AAP) has firmly stated its opinion: “[t]he trampoline should never be used in home environments or in school physical education classes or outdoor settings or recreational settings.” Yet, in massive numbers, no one follows this advice. Injuries can still occur despite padding and netting.
- There are over 90,000 trampoline injuries/deaths in the U.S. every year
- Children ages 6 to 14 comprise one-third of trampoline-related injuries
- There are over 1 million trampolines sold every year
Two-thirds of trampoline injuries are caused while on the trampoline, while only one-third of trampoline injuries occur because of falling off. Users can be injured when they collide into each other, land improperly, fall or jump off, and hit the frame or springs.
Though most injuries caused by trampoline use, misuse, or defects are obvious, we frequently see the following:
- Spinal injuries
Trampoline Injury Lawsuits: Negligence
Trampoline lawsuits can be difficult for one significant reason—many insurance companies that offer homeowner’s insurance provide specific exclusion for trampoline-related injuries. The insurance companies, being in the business of risk, have calculated that it is too expensive for them to provide that insurance, especially in light of the number of injuries, and the severity of injuries.
There are several circumstances where a negligence-related trampoline lawsuit can be filed. Some common situations include:
- Negligent supervision-personal: parents or adults who provide a trampoline for use of children without properly enforcing safety rules.
- Negligent supervision-corporate: As trampolines become more popular, they are being incorporated into business attractions, like trampoline basketball and moonbounce facilities. Those businesses must have proper rules and supervision to prevent injury.
- Attractive nuisance: like swimming pools, trampolines are interesting to young children. In some states (though, not in Maryland), the failure to properly store or lock up a trampoline can be negligence when a neighboring child gains access to it and suffers injury.
- Negligence: A large number of trampoline accidents happen when more than one person is on the trampoline, or when an adult uses a trampoline with a child. If the second person on the trampoline or the adult fails to use reasonable care, he or she may be negligent.
Trampoline Injury Lawsuits: Product Liability
Trampoline manufacturers are well aware of the dangers of trampolines. In light of continuing research and evidence of injuries, trampoline manufacturers have a duty to use reasonable care in the design and manufacture of these products. There are several standards (including ASTM) that can be used to prove negligent design and warning regarding trampolines, including:
- Padding should cover the springs, frame and hooks
- Warnings should alert users about the dangers of simultaneous jumping and somersaults, which can cause serious injuries, paralysis and death
- Labels should state that trampolines over 20 inches high are not recommended for children under age 6
Trampoline defect cases are less common than negligence cases, but can be maintained in some circumstances.
If you have been seriously injured in a trampoline accident, contact our lawyers at 1.800.553.8082. We have a proven track record of satisfied clients, and can help you determine whether you have a trampoline lawsuit.