Owning a trampoline in your backyard can be a great way to encourage your kids to go outside and stay active. Unfortunately, trampolines come with an increased risk of injury to your children, as well as other children who may be guests in your home. In fact, according to NBC6 in Miami, in the last two years, trampolines were the cause of more than 300 calls to 911 in south Florida. A 2016 study by the American Academy of Pediatrics showed that trampolines and trampoline park injuries have increased ten-fold in the last four years.
Parents who own a trampoline may wonder if this increases their liability? After all, if a child is injured in a trampoline accident on their property, are they responsible?
Unfortunately, the answer to this question is complex. In Florida, the law recognizes that children are naturally curious. As such, if you have an attractive feature on your property that could be dangerous and a child trespasses on your property to gain access to that attraction, you could still be held liable. Trampolines are exciting features and simply owning one can increase your risk of being liable if an accident occurs. Even if you did not invite the child onto your property, you may find yourself facing a premises liability lawsuit for the injuries that occurred on your property.
If your child was injured in a trampoline accident on another person’s property, you may be able to file a premises liability claim against the homeowner. In order to win your case, however, you must establish that the homeowner acted negligently and that this negligence directly led to your child’s injuries. If the homeowner didn’t have a safety net around their trampoline, if their trampoline was broken or dangerous, or their yard wasn’t fenced in, you may have a case.
In some cases, your child’s trampoline accident could have been caused by faulty manufacturing or improper design. When this occurs, your Florida premises liability lawyer may be able to file a claim against the negligent manufacturer. This is known as a product liability claim and these are some of the most complex types of cases. Product liability claims can be divided into three main categories:
Without an attorney on your side, it is often difficult to win product liability cases. Your attorney will need to review all the details of your child’s accident to determine if the manufacturer is to blame for their injuries.
At Fetterman & Associates, our West Palm Beach personal injury lawyers are ready and willing to fight for you after a devastating injury accident. If you or your child has been injured on a trampoline and you believe that the homeowner’s negligence is to blame, we can help. Our West Palm Beach attorneys believe that every injured accident victim deserves justice and we believe in holding negligent homeowners and companies responsible for their recklessness.
Our West Palm Beach personal injury attorneys are here to help. With offices conveniently located in North Palm Beach and Port St. Lucie, we are there wherever you need us. Call us today at (561) 845-2510 for a free initial consultation and review of your case. We know the law and will aggressively fight for you.
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