Legal Compensation for Georgia Trampoline Park Accidents


January 14, 2015

Indoor trampoline parks like Cosmic Jump®, Sky Zone® and Mighty Jump® have begun to crop up in Georgia and across the U.S. because of their natural appeal as a fun form of recreation and exercise.  Although these venues are common locations for children’s birthday parties, a growing number of adults also hold events at indoor trampoline parks.  Because of the popularity of this form of recreation, reports of injuries involving bounce and trampoline venues are increasing.  Although this form of entertainment and recreation is potentially dangerous, the industry is not regulated in Georgia.

Physicians have begun expressed concerns about the risk of injury associated with trampoline injuries.  The American Academy of Pediatrics (AAP) has recommended that people abstain from using trampolines because of the risk of children experiencing devastating permanent injuries like spinal cord injuries and traumatic brain injuries.  The AAP initially made a public recommendation several years ago that consumers not purchase trampolines for use in their home or yard.  The organization has now broadened this advisory to include avoiding commercial jump parks.

The AAP is not alone in taking a position opposing the use of trampolines because of safety issues.  The American Academy of Orthopaedic Surgeons (AAOS) has discouraged use of trampolines because of a high risk of fractures and broken bones.  Legs, arms and elbows are the most common fractures and broken bones caused by trampoline accidents according to the AAOS.  The organization also warns that catastrophic injuries are fairly rare, but they can include paraplegia, quadriplegia and death.  Both organizations advise that parent never let children age 6 and under use a trampoline.

If your child experiences an injury at a trampoline park, he or she might have a right to financial compensation for medical expenses, pain and suffering, disability, disfigurement and other forms of loss.  However, legal claims against trampoline parks can pose complex legal challenges.  Businesses that offer high risk recreational activities like bouncing on a trampoline typically require participants and/or their parents to execute a waiver that purports to release the business from liability for negligence.  The language will typically seem extremely broad because it is intended to discourage lawsuits.  Jump and bounce parks also will typically assert an assumption of the risk defense because using a trampoline is an inherently high risk activity.

Whether you are dealing with a waiver or an assumption of the risk defense, these legal defenses can often be overcome especially when the injury victim is a young child.  Even if an injury victim is a teenager or adult, these defense theories might not preclude recovery.  For example, gross negligence in terms of safety practices, equipment maintenance or supervision of jumping activity still might provide a basis to prevail for a settlement or at trial.

Put Our Law Firm's Over 30 Years of Legal Experience to Work For Your Case

If you or someone you love is injured in a trampoline accident, contact us for a free consultation to learn how we can help.  Our personal injury attorneys at Montlick and Associates have been representing those who suffer serious injuries throughout all of Georgia and in the Southeast for over thirty years, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all smaller cities and rural areas in the state.  No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333).  You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat. 

Sources:

 http://www.aap.org/en-us/about-the-aap/aap-press-room/pages/AAP-Advises-Against-Recreational-Trampoline-Use.aspx?nfstatus=401&nftoken=00000000-0000-0000-0000-000000000000&nfstatusdescription=ERROR%3a+No+local+token&nfstatus=401&nftoken=00000000-0000-0000-0000-000000000000&nfstatusdescription=ERROR%3a+No+local+token

 http://www.aaos.org/about/papers/position/1135.asp

Category: Montlick Law

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