Trampoline parks have gained popularity throughout the country, offering everything from open jump times and planned birthday parties to organized exercise classes. Although the bright colors and festive music appear to promise a great time to those who enter the front door, the participants generally cannot get past the main entrance without signing off on a waiver.
The waiver is designed to remove liability from the owner of the trampoline park in the event of an accident, but do these waivers work? Like many things in the legal world, the answer depends on the case at hand. One recent case will likely question the power of these waivers.
The case involves an accident that occurred just before 4:00 in the afternoon on a Thursday. A woman fell from a “significant height” and was rushed to the hospital for treatment of serious injuries. Police scanner reports indicate the height likely topped 75 feet. The woman’s injuries were fatal and the accident is currently under investigation.
Are there legal protections for trampoline park participants? California recently considered passage of a law that would increase these protections. Ultimately the bill did not pass.
However, even with the failure of this more recent law there are laws in place that protect those who partake in activities within a business like these trampoline parks. Although the owners attempt to remove the possibility of a lawsuit through the waivers noted above, there are situations when these waivers are likely to fail. Two examples include gross negligence or recklessness.
Are there legal remedies if injured at a trampoline park? Those who are injured may have legal recourse if they can establish one of these factors. This can be true even if they did sign a waiver. An attorney can review the case and discuss all available options.