Trampoline Park Waivers: What Are You Really Signing?
Always read the fine print. It might shock you.
Trampoline parks are rapidly springing up in Plantation and cities across Florida. Parents see the indoor parks as a welcomed alternative to allowing active kids to bounce off the walls and furniture at home. Children see trampoline parks as venues where they can challenge themselves physically and have limitless fun. It’s standard practice for the staff at a trampoline park to ask visitors to sign a liability waiver before using the trampolines. Most people are so eager to get into the park that they will sign the waiver without reading the terms carefully. Have you ever wondered what’s hidden in plain sight in a trampoline park waiver? In this article, Personal injury attorney Rick Ellsley explains what you may be agreeing to when you sign a liability waiver in these settings.
Why businesses have liability waivers
Between legal fees, settlements and judgments, expenses that are related to personal injury claims can add up quickly for a business. Therefore, places of business that have a higher exposure to the risk of a visitor getting injured onsite often require patrons to sign a liability waiver. A liability waiver calls for a visitor or customer to agree not to pursue a legal claim against the business that issues the waiver if the visitor gets injured or otherwise incurs a loss. The terms of a waiver may vary significantly from business to business. Most trampoline park waivers are largely similar.
Are liability waivers enforceable?
As with most legal matters, the enforceability of a trampoline park waiver depends on several factors that may change from case to case. Generally, you can pursue legal action if you or your child sustains injury at a trampoline park due to park’s negligent or reckless behavior. You are less likely to receive compensation if the injury occurs as the result of an inherent risk that is associated with going to the trampoline park. Inherent risks are present without regard to whether the employees at the trampoline park behave reasonably or negligently.
Injuries caused by negligence
To establish a negligence-based claim, your Plantation injury lawyer must prove the business owed you a duty of care. The attorney must also prove the business’ conduct constitutes a violation of the duty and the violation directly caused injury to the accident victim.
A trampoline park business has a duty to take reasonable steps to remove all known and foreseeable hazards from the park. If employees fail to regularly inspect the park’s equipment after closing at night, the park may not be aware of a piece of equipment that is due for routine maintenance. If a visitor becomes injured while using improperly-maintained equipment, a Florida court will likely find that the park breached its duty of care to the customer. To win in a negligence lawsuit, the injured party’s attorney must prove the nature of the injury was directly caused by the improper equipment maintenance.
Negligence-based personal injury claims have several moving parts. Our Plantation trampoline park injury lawyer can evaluate your case and work with you to pursue legal action against the party that caused injury to you or your child.
Injuries caused by inherent risks
There are some injuries that are more likely to happen in the normal course of visiting a trampoline park. Businesses are generally not legally at fault for these injuries because they occur outside of the business owner’s, employees’, and management staff’s control.
Strains and sprains are common injuries at trampoline parks. The park is less likely to be at fault if the injured party twisted an ankle, landed awkwardly while jumping, or pulled a muscle as a result of normal physical activity. Because visitors share the trampoline, other injuries occur as a result of people accidentally striking each other. Many trampoline park injuries occur because the setting involves large numbers of children and adults playing in close proximity.
However, if a park is overcrowded or if an employee egregiously fails to take reasonable actions to ensure visitors follow the rules, people who become injured may still be able to file a personal injury claim. Injured parties may also have a valid cause of action if someone other than the trampoline park caused the injury.
Injuries caused by recklessness
Waivers generally do not protect trampoline parks from liability if the park engages in especially hazardous behavior. A party is legally responsible for injuries caused if its behavior showed a willful or wanton disregard for others’ safety. The park may intentionally exceed its visitor capacity with the intent of making more money. Employees may knowingly allow visitors to use damaged, broken, or defective equipment. An attendant who is responsible for supervising park guests may be intoxicated and exercise impaired judgment while on the job. A Florida court would likely determine that each of these instances is an example of reckless behavior. Your trampoline accident lawyer can help you establish your case if a park’s reckless behavior caused injury.
Other liable parties in trampoline park accidents
In some cases, a trampoline park accident victim may be able to file a claim against a third party. Although a liability waiver may protect the park from a lawsuit, waivers do not bar park visitors from seeking compensation from others who caused a victim’s injury. Equipment manufacturers, third party cleaning companies, and other people who are visiting the park may be liable if they cause an accident. A Florida personal injury attorney can determine each party’s role and decide whether you are more likely to receive compensation by filing a personal injury claim against a party other than the trampoline park.
We’re here to help!
Our Florida personal injury lawyer is here to answer your questions if you or a loved one has been injured. We are thoroughly familiar with amusement park waivers and the challenges that may arise. We will advise you of your legal options and support you in choosing the best strategy to help you get the compensation you and your family deserve.
Reach The Ellsley Law Firm to receive a free case evaluation. Our compassionate team will handle your case with urgency and professionalism.