What Parents Should Pay Attention to in Trampoline Park Waivers
Many parents and children adore trampoline parks, but they can be dangerous. Sometimes, it feels like each week brings a different news story about a child being injured at a trampoline business. That’s why these companies have parents sign waivers before their children can jump and play.
It’s tempting to see the documents as needless jargon, but the risk of injuries is real. Take the time to carefully read these waivers. Our team has put together a list of several things to look for.
Recklessness or Gross Negligence
A waiver can protect the trampoline business against ordinary negligence but not necessarily recklessness, gross negligence or defective products. Thus, if the waiver you are reading claims to cover one (or all of) the latter three areas, it could be likely unenforceable. It also raises questions about the ethics of the business. An example of gross negligence could be one of the trampolines having a tear and not being repaired or replaced.
Other Named Parties
Some waivers list just the trampoline business premises as the other party, while others add further partners or businesses. Otherwise, a non-named entity could be held responsible for an injury.
Check that the waiver accurately describes the business and the type of exertion required. For example, some waivers fail to say that jumping with certain pre-existing physical and medical conditions can be risky. This type of warning might seem like common sense, but waivers do need to point these things out.
The language in the waiver should be straightforward and presented in an easy-to-read format. In other words, a waiver should not be in all capital letters. The most important parts should be near the beginning and not buried in fine print at the end. As an example, the top of a waiver should list the kinds of personal injuries that are possible at a trampoline park (death, paralysis, fractures and bruises, among others). This information is often bolded. It never belongs at the very end of the document.
Moreover, paragraphs should be short and clearly separated. A waiver should not be one huge thick block of dense, tiny text.
Why It Is Important to Pay Attention
Trampoline injuries can be devastating, and children under 6 are at particular risk. Waivers are a way for parents to assess the possible dangers. However, waivers vary in their thoroughness and effectiveness. State laws also govern what parts of a waiver might or might not apply in particular cases.
If you have concerns relating to your child’s injury that occurred at a trampoline park and your personal rights when it comes to signing a waiver, please get in touch with our team at Glenn, Mills, Fisher & Mahoney, P.A. online or by calling (919) 683-2135 for a consultation today.