Manufacturers and sellers of trampolines have been held liable for injuries to users. Cases where injuries occur on trampolines mainly focus on the adequacy of instructions and warnings. Whether or not an injured person is able to recover depends on the particular circumstances surrounding the injury. Factors which courts commonly consider include:
- whether any warnings and instructions were given,
- the exact contents of any warnings and instructions that were provided,
- the level of knowledge and expertise of the injured party, and
- the manner in which the device was being used at the time of the injury.
For example, one court found that a manufacturer did not owe a duty to warn of the dangers of trampolining on a full-sized device where the injured party was a highly experienced and able gymnast. However, another court found a trampoline manufacturer liable despite the fact that the user knew her knee had a propensity to lock up.
Is A Manufacturer Or Seller Liable For Defects Which Cause Injuries?
Physical design defects, such as defects where the frame bed or suspension system of the trampoline fails under the stress of normal use due to inadequate design, are relatively obvious and easy to prove. Additionally, there are a number of other less obvious defects which injured persons can recover from. These include the failure to provide the springs with "end protectors," frame pads that move due to an inadequate method of securing them to the frame, improper folding mechanisms on "knockdown" or collapsible units, inadequate attachment of the mat to the frame, and the use of black materials in the manufacture of the mat.
Should I Contact An Attorney About Trampoline Injuries?
If you have been injured on a trampoline, you should contact an attorney who can explain your rights and protect your interests. A personal injury attorney can evaluate your case and file a lawsuit against the manufacturer or seller so you can recover damages for your injuries.