Trampoline Injury Lawsuits

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Trampoline injury lawsuits are on the rise because trampolines have really made a comeback.   The American Academy of Pediatrics (AAP) has firmly stated its opinion: “The 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.

Trampolines may seem like innocent fun, but they pose a significant risk of injury. These injuries can range from minor sprains and fractures to serious neck and spinal injuries, and in rare cases, can result in death. According to a report from the American Academy of Pediatrics, emergency departments in the United States treat approximately 100,000 trampoline-related injuries annually. These statistics underline the urgent need for increased safety measures and responsible use.

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 considering 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 moon bounce 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: Many 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.

How Do You Prove a Trampoline Injury Lawsuit?

Trampoline injury lawsuits often hinge on the principle of negligence. Negligence in this context means that a person or entity did not act with reasonable care, resulting in someone else’s injury. A plaintiff (the person who was injured) typically must prove four elements to establish a claim of negligence:

  1. Duty of Care: The defendant (the person being sued) had a legal obligation to act in a certain way toward the plaintiff.
  2. Breach of Duty: The defendant failed to meet that duty.
  3. Causation: The defendant’s actions (or inaction) directly caused the plaintiff’s injury.
  4. Damages: The plaintiff suffered actual harm or injury.

Different parties can potentially be held liable in a trampoline injury case, depending on the circumstances.  Often it is the homeowner who is allowing your kids to jump on their trampoline. 

Homeowner’s Liability

If a trampoline is situated in a private home, the homeowner can be held liable if a guest is injured while using it. The homeowner has a duty of care to ensure the trampoline is reasonably safe and to warn guests of potential dangers. If they fail to maintain the equipment or provide adequate supervision, this could constitute negligence.

Trampoline Statistics

  • 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

Trampoline Injuries

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:

  • Fractures
  • Sprains/strains
  • Spinal injuries
  • Paralysis
  • Death

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.

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YEAR / STATE

CASE / INJURY SUMMARY

RESULT

2020 – New York

A 5-year-old girl fell while jumping on a trampoline in a family entertainment center. She broke her right humerus. Her father claimed the family center’s operator negligently supervised the premises and maintained the trampoline. The family center operator denied liability. They claimed the minor assumed the injury risk. This case settled for $150,000.

$150,000 – Settlement

2020 – Florida

A girl jumped on a trampoline in an indoor entertainment center. An adult subsequently jumped on the trampoline, causing her left leg fractures. This occurred during “toddler time.” Her parents alleged that the indoor entertainment center’s operators failed to ensure that adults would not use the trampoline during toddler time. This case settled for $30,000.

$30,000 – Settlement

2020 – Oklahoma
A minor girl collided with another minor on a trampoline in a gymnastics facility. She suffered personal injuries. Her parents alleged that the facility staff’s negligent supervision caused her injuries. This case settled for $60,000.

$60,000 – Settlement

2019 – New York
A 7-year-old girl fell on a trampoline runner in a cheerleading facility. She broke her left humerus. Her father claimed the facility’s operators negligently supervised the premises, failed to employ enough personnel, and failed to prevent injuries. This case settled for $100,000.

$100,000 – Settlement

2019 – Alabama
A minor boy was a trampoline park patron. He suffered left leg fractures while jumping on one of its trampolines. His mother alleged that the facility operator failed to maintain safe premises. This case settled for $30,000.

$30,000 – Settlement

2019 – California
A minor boy was a sports park patron. His leg became caught between the net and the protective padding. The boy’s knee hit a trampoline frame bolt. He suffered a knee injury. The boy developed Jumper’s knee and a patellar nonunion. His father alleged that the sports park operator negligently maintained the trampoline. The sports park operator denied liability. They argued that the boy assumed the injury risk. A jury awarded $905,000.

$905,000 – Verdict

2019 – New York
A 2-year-old boy was an indoor trampoline park patron. An older child struck him while they used a trampoline. The boy suffered left tibia and fibula fractures. His father alleged that the indoor trampoline park’s staff negligent supervised the facility. This case settled for $75,000.

$75,000 – Settlement

Contact Us

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.