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David Mittleman
David Mittleman
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Liablity Waiver Will Not Always “Bounce” Your Lawsuit

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Over the past few years, the popularity of trampoline parks has been on the rise.  Additionally, there has also been a rise in the types of games and activities played at these trampoline parks.  However, with this newfound hobby also has come an increase in injuries.  The dramatic increase means that emergency rooms are now seeing nearly 100,000 emergency room visits per year.

It is standard practice at these trampoline parks, as with most other recreational activity, for the participants to sign a general liability waiver.  In a nutshell, this waiver is a contract between yourself and the proprietor of the establishment stating that by allowing you to use the equipment at the facility you agree not to sue them if you are injured.

Although these waivers are often deemed valid in court, they are not always enforced.  The nature of your claim in this situation depends heavily upon how you are injured and what claims you are making.  Simply put, when you are a customer of one of these trampoline parks you are considered a “business invitee”.  Because of this status, the business (e.g. trampoline park) owes you the highest duty of care to prevent injury and disclose hazards.

The waiver you sign will probably bar some of your claims for injuries that are likely to occur while jumping on a trampoline.  However, this waiver does not bar your claim for a business breaching its duty of care owed to all of its customers as business invitees.  Accordingly, a suit could still possibly be maintained if it can be proven that the equipment was not properly maintained (e.g. trampoline springs, padding installation) or that staff was negligent in their duty (e.g. improper supervision by staff, improper intervention for reckless behavior by patrons, etc.)