Who Can I File a Claim Against if My Child Suffers a Trampoline Accident in Navarre, Florida?
Kids, and some adults, love jumping on a trampoline. Some do this for fun and others do it for exercise. A lot of athletes rely on a trampoline to train because the impact on your body is lower on a trampoline. However, as innocent as they may appear, there are 100,000 people injured on a trampoline every year. Most of these injuries are to children.
Whether your child is using a trampoline at home or at a park, the risk of injury is great. Trampoline accidents cause neck and head injuries to children every day. The risk is so high that pediatricians suggest that you not allow your child to play on them at all.
If your child has been hurt while playing on a trampoline, you may have a legal claim. Your claim may be against several different parties depending on the circumstances. If the accident happens at your home, more than likely your claim will be against the manufacturer. If the accident happens at a trampoline park, you may have a claim against multiple defendants.
How can a Product Liability Attorney in Navarre, Florida Help?
Whether or not you even have a legal claim for a trampoline injury depends on where the accident happened and how it happened. If the accident happens at home, the only entity you have a potential claim against is the manufacturer. In these cases, your product liability attorney will look at the following:
- Was the trampoline designed poorly?
- Was the trampoline manufactured incorrectly?
- Did the manufacturer put the proper safety warnings on the product?
If the trampoline was designed or manufactured poorly, you may have a claim against the manufacturer. You could even have a potential claim against the outfit that sold you the trampoline. If you were using the unit properly, your attorney can file a claim against either of these companies.
A trampoline manufacturer is required to live up to its promises and obligations when it comes to its product. They have to make sure their products are safe for their intended use. For example, if a trampoline is intended and guaranteed to support weights of up to 250 pounds, then a small child should have no issues using it. If a person under the 250-pound weight threshold is injured while using the trampoline safely, the manufacturer may be liable.
You May have a Premises Liability Claim for Trampoline Accidents on Someone Else’s Property
If you were using the trampoline at someone else’s house, it opens up an entirely new category of potential defendants. If the property owner didn’t maintain the trampoline properly, or if they didn’t supervise its use, they may be responsible for your injuries. If you were hurt while using the trampoline at someone else’s house, you will need to file a premises liability claim. Any premises liability attorney in Navarre, Florida can handle this for you.
Trampoline owners are required to take certain steps to ensure their trampoline is safe for use. This means they must do the following:
- Make sure the trampoline is set up in a safe area (I.e. not near a pool or brick patio
- Make sure the unit is clean and not falling apart
- Supervise the people using the trampoline to make sure they are using it properly
If the trampoline owner fails to live up to these requirements, they may be liable for your injuries. Your premises liability attorney will file a claim against their insurance. If the claim is denied for some reason, you may have to file a lawsuit to recover damages.
What Are Other Ways a Person Can be Found Negligent for a Trampoline Injury?
There are two other unique situations that are worth discussing here. One is when your child is hurt by another person using the trampoline. This is more common than you may think. For example, if two people are using the trampoline at the same time, one may cause the injuries to the other user. If one jumper has a glass bottle in their hand at the time of the accident, they may be held liable for any ensuing injuries. The same can be true of a jumper who is engaged in horseplay while on the trampoline.
The other unique situation we want to discuss is when a child is attracted to use a neighbor’s trampoline without their permission. This is called an “attractive nuisance.” If a neighbor has a trampoline in their backyard but they don’t have a fence, children will be lured to use the trampoline. Kids are naturally attracted to things like pools, swings and trampolines. A homeowner may be held negligent if they fail to keep their trampoline out of the reach of children.
Contact a Personal Injury Lawyer in Navarre, Florida
If your child has been injured in a trampoline accident, you may need to contact a personal injury lawyer in Navarre, Florida. Call today to schedule your free consultation. You’ll get a chance to ask your lawyer any questions and concerns. He can review your case and let you know how strong your case may be. You pay nothing until you settle your claim!