Understanding Trampoline Liability: Personal Injury Attorney in Shallotte NC

In a 2012 study conducted by the American Academy of Pediatrics, it was discovered that in 2009, there were more than 97,900 injuries caused by trampolines. In 2008, the number was 104,752. While the number of trampoline injuries continues to decline every year, the numbers of incidences are still staggering. Because a large amount of the injuries involve the head, neck, and spine, many children injured on trampolines end up being affected for life.

Despite increases in safety measures, trampoline injuries remain among the most common types of injuries experienced by pre-teen children. This prevalence can leave homeowners wondering exactly what their liability will be should a child other than their own be injured on their property. Here, Bain & Rodzik's personal injury attorney in Shallotte NC sheds some light on this and other trampoline questions.

Is the Homeowner Responsible for Trampoline Injuries on Their Property?

When an individual is injured on a trampoline on somebody else's property, two questions need to be answered: (1) was the homeowner negligent? and (2) did the injured person assume the risk of the injury?

In cases where the homeowner is found negligent and the injured person did not assume the risk of the injury, then the homeowner is found liable for the injuries. A homeowner found negligent is based on three primary factors. These include:

  1. Was the trampoline reasonably protected from unauthorized use?
  2. Was the trampoline well-maintained?
  3. Was the trampoline being used without supervision?

Are Trampoline Insurance Policies Available?

Some homeowner insurance policies carry coverage for trampoline injuries, but not all of them do. Some policies will offer coverage but only if the homeowner specifically discloses the fact that they have a trampoline on the property and they follow certain guidelines for use.

If you are unsure about your policy's coverage, call your insurance provider to inquire about your coverage options. Even if your policy does not automatically provide coverage, you may be able to purchase a trampoline rider at an additional cost.

How to Make Your Home's Trampoline Safer

The last thing you want is for a child to be seriously injured while playing on your property. Therefore, if you are going to have a trampoline in your back yard, you need to take the safety precautions necessary to help minimize the risk as much as possible.

Trampoline safety starts by keeping the trampoline inside a closed area, like a fenced-in yard. This will help prevent neighborhood children from using the trampoline without the homeowner's knowledge.

There are also a number of supervisory issues that can help minimize the risk of injury. For instance, only one person should be on the trampoline at any time. This is important since the vast majority of injuries occur whenever there are multiple bodies on the trampoline. Also, summersaults and flips should also not be allowed because these are responsible for most of the permanent spinal injuries suffered by trampoline users. In addition, the trampoline's springs and padding should be checked regularly to ensure that they are still in good operational shape. If the trampoline has been recently moved, then it needs to be re-checked for level prior to anyone using it.

What Should I Do if My Child Was Injured on a Neighbor's Trampoline?

If your child has recently suffered an injury while playing on a neighbor's trampoline, then you should contact Bain & Rodzik today. Our personal injury attorney in Shallotte NC can help determine whether or not the trampoline's owner was negligent and should thereby be legally liable for your child's injuries. Call us today at 910-762-1199 to schedule a free initial consultation. There is absolutely no obligation in calling us and you pay absolutely nothing unless we win your case.