Trampolines can be fun for both children and adults, and they sometimes pose a danger that could lead to injuries. If such should ever happen, who is liable for the injuries? The accident could result in broken bones and painful back injuries that would require immediate medical attention.
Determining who’s liable for your injuries is paramount to getting compensated without delay. In trampoline injuries, three parties can be held liable, such as the manufacturer, property owner, or another trampoline user.
Determining and proving liability
It is important to work with a personal injury attorney as he will help determine the liable party. When it comes to proving liability, there has to be proof of negligence that led to the harm of others.
For instance, if the injury was caused due to a product defect, the party liable for the injuries will be the manufacturer or distributor. When proving negligence, four elements of proof comes into play such as:
- The defendant owed you a duty of care
- The defendant negligently breached this duty
- The defender’s negligent led to your accident and suffering
- The incident incurred compensable losses
The owner is liable for the injuries if he or she failed to ensure the safety of the trampoline. If the owner has failed to properly maintain the property, such as allowing a guest to use an old broken trampoline.
If the owner has failed to keep off trespassing kids, he will be liable if they venture into the trampoline and get hurt in the process. If the trampoline is used for business, the owner has a responsibility to keep the premises safe for customers, like using trampolines that are in good condition.
Babysitter, Supervisor, or individual near the trampoline
If the trampoline injury was a result of another party near the trampoline, they will be liable for any injuries you might have sustained. It could be a babysitter or supervisor, or employee on the site.
If perhaps it was caused by another individual by throwing something at you or jumping on top of you, you can place liability with them. Before you start wondering who is responsible for your trampoline injury, you should seek medical attention as soon as possible.
While at it, never fail to record the incident, and try to remember the people present when the accident happened.
Consult an attorney
For adequate compensation, you can’t do without an attorney. They have been handling cases similar to yours, and the experience, coupled with years of study makes them an important force.
If you or your loved one was involved in a trampoline incident, go ahead and give us a call or perhaps fill out our contact form to book an appointment.