Trampoline Product Safety: Business Law Essentials

Trampolines are a source of fun for both children and adults. However, they can also be dangerous, leading to injuries such as broken bones and back problems. This means that there are several business law rules that apply to trampolines, especially in the case of commercial trampoline parks or gyms. These rules are in place to ensure the safety of users and to determine liability in the event of an accident. For example, trampoline parks are responsible for maintaining the safety of their equipment and premises, and providing adequate supervision to ensure that everyone is following the rules. From a homeowner's perspective, there are also several considerations to keep in mind, such as complying with insurance requirements and being aware of local laws and regulations regarding trampoline use.

Product liability

Trampolines can be a source of fun and exercise for both children and adults. However, they also pose certain risks, and trampoline accidents can lead to serious injuries and even death in rare cases. The U.S. Consumer Product Safety Commission (CPSC) reported that over 100,000 people visited emergency rooms due to trampoline-related injuries in 2014 alone. This raises important questions about product liability and who can be held responsible for these injuries.

When it comes to product liability for trampoline injuries, several parties may be held accountable, depending on the specific circumstances:

Trampoline Manufacturers:

If a trampoline is defective, and this defect directly causes an accident and injury, the manufacturer can be held liable under product liability law. This is known as strict product liability. For example, if a trampoline collapses due to a manufacturing defect, the manufacturer or distributor may be financially responsible for any resulting injuries.

Business Owners:

Owners of facilities that offer trampolines, such as jump parks or gyms, have a responsibility to maintain a reasonably safe premises for their customers. This includes providing adequate hazard warnings, ensuring proper maintenance, and keeping the trampolines in good operating condition. If a business is negligent in maintaining a safe environment, it can be held liable for related trampoline injuries.

Trampoline Owners:

The owner of a trampoline could be held liable for injuries that occur on or around their trampoline if their negligence directly contributed to the accident. This includes failing to properly maintain the trampoline, not providing adequate supervision (especially for children and teens), and not taking measures to prevent unsupervised access by children, as trampolines are considered an "attractive nuisance."

Individuals:

In some cases, individuals may be held liable for trampoline injuries. For example, if a child is injured while under the supervision of a parent or babysitter, the supervisor may be responsible for failing to properly supervise the trampoline use. Additionally, if another individual's actions, such as jumping recklessly or throwing something, directly cause an injury, they may be held accountable.

It is important to note that determining liability for trampoline injuries can be complex, and each case must be evaluated based on its unique circumstances. The specific laws and requirements may also vary depending on the location. Seeking legal advice from a personal injury lawyer or a premises liability attorney is recommended to understand your rights and options in such situations.

Premises liability

Trampolines can be a source of fun and exercise for both children and adults. However, they also pose certain risks, and trampoline injuries can be serious and costly. When it comes to determining liability for trampoline injuries, there are several factors to consider. This discussion will focus on premises liability, which pertains to the responsibility of property owners and businesses that offer trampolines.

• Private Residences: The majority of trampoline accidents occur in the backyards of private residences. In these cases, the homeowner's insurance policy typically comes into play. Many policies specifically exclude coverage for trampoline-related injuries due to the associated risks and costs. If a homeowner's policy does not provide coverage, the owner may be personally liable for any injuries that occur and may have to cover medical bills, legal costs, and other damages.
• Duty of Care: Property owners have a duty of care to maintain a safe environment for guests and visitors. This includes properly maintaining any trampolines on the property and providing adequate supervision, especially for children. Failure to do so could result in liability for any resulting injuries.
• Attractive Nuisance: Trampolines are considered an attractive nuisance, which means they can attract children who may not fully understand the risks. Property owners have a responsibility to take reasonable steps to prevent unsupervised access to trampolines and protect children from potential harm.
• Commercial Trampoline Facilities: Trampoline parks and similar businesses have a duty to maintain a safe environment for their customers. This includes regular inspections of equipment, providing proper safety measures, and ensuring adequate supervision of jumpers. Most trampoline parks require visitors to sign liability waivers to limit their responsibility in case of injuries. However, these waivers may not always apply, and each case must be evaluated individually.
• Negligence: If a property owner or business is found to have breached their duty of care and acted negligently, they may be held liable for trampoline injuries. Negligence implies a failure to exercise reasonable care, resulting in harm to others. Proving negligence typically requires establishing four elements: duty of care, breach of duty, causation, and damages.

In summary, premises liability in the context of trampolines revolves around the responsibility of property owners and businesses to ensure the safety of trampoline users. This includes proper maintenance, supervision, and adherence to safety standards. Failure to meet these obligations can result in legal consequences and financial liability for any resulting injuries.

Insurance coverage

Trampolines are considered an "attractive nuisance" by insurance companies, meaning they are likely to attract children who could potentially injure themselves. As a result, insurance companies are reluctant to include trampoline injuries in their policies. Some policies categorically exclude them, while others provide coverage only if certain safety measures are in place, such as installing safety nets and pads or lowering the trampoline to ground level.

If you have a trampoline, it is important to inform your insurance company, as failing to do so could result in your policy being cancelled due to misrepresentation. The insurance company usually discovers violations during a property inspection or when alerted by a neighbour.

There are three main ways in which insurance companies approach trampoline coverage:

• No exclusions: If your policy allows you to have a trampoline with no exclusions, your home insurance will likely cover injuries when needed.
• Coverage under specific circumstances: Many insurers will only offer coverage if specific precautions are taken, such as installing a high fence or putting something soft underneath.
• No coverage: Many companies specifically exclude coverage for trampolines due to the increased risk, and may refuse to renew your policy if you have one.

If your policy includes coverage for trampoline injuries, your liability insurance will cover medical bills, lost income, and other economic and non-economic damages claimed by a victim. This can save you from massive debt, foreclosure, or bankruptcy if you are found liable for a substantial damages award.

In addition to liability insurance, you may also want to consider adding an umbrella insurance policy, which provides an additional layer of liability protection above what your homeowners policy offers. This can be especially useful if you face a substantial lawsuit that exceeds your homeowners liability coverage.

To summarise, while trampoline insurance does not exist as a standalone product, it can be obtained through homeowners' insurance, depending on the insurer and the safety measures in place. However, it is important to carefully review your policy and understand the risks and coverage limitations associated with trampoline ownership.

Safety standards

Trampolines can be a source of fun and exercise for both children and adults. However, they also pose certain risks, and users can suffer serious injuries, including broken bones, spinal injuries, traumatic brain injuries, and permanent neurological damage. As a result, there are several safety standards and regulations that need to be followed to ensure the safe use of trampolines.

Firstly, it is important to conduct a risk assessment and plan for safety from the initial stages of installing a trampoline, especially in public areas or schools. This includes assessing the safety risks and requirements for both the installation and ongoing use of the trampoline. The installation process should also include safety measures such as protective clothing for workers and a plan to deal with any risks to the safety of others in the area.

To ensure the safety of users, it is crucial to provide advice and signage regarding the correct usage of the trampoline. Supervision may also be necessary, depending on the type of trampoline and the setting. While safety surfacing is not always required, it may be needed to comply with safety standards, and shockpad astroturf or wetpour installers can be consulted for advice. Regular safety checks and maintenance are essential to reduce risks and extend the life of the trampoline.

There are also specific safety guidelines that trampoline owners and operators should follow. For example, allowing only one person to use the trampoline at a time, prohibiting somersaults, and installing shock-absorbing pads to cover springs, hooks, and frames. Trampolines should be positioned away from structures, trees, and other play areas, and access ladders should not be left unattended to prevent unsupervised access by small children.

In the context of trampoline parks, visitors should be mindful of their own limitations and the presence of other jumpers to avoid collisions. It is also important to report any damaged equipment, such as missing or loose safety padding, to the park operator. Trampoline parks have a responsibility to maintain the safety of their equipment and premises, including regular inspections and ensuring proper supervision of jumpers.

Waivers and supervision

Trampoline parks have a duty to maintain a safe environment for their visitors. This includes regular inspections of equipment and ensuring that safety features such as padding are in place. Supervision is also essential to ensure that jumpers follow the rules and avoid reckless behaviour that could endanger others.

In the context of product law, waivers and supervision are also relevant. Manufacturers and distributors may be held liable for injuries caused by defective trampolines. Supervision is a critical aspect of product liability, as inadequate supervision can contribute to injuries. For example, if a child is injured on a trampoline while under the supervision of an adult, the supervisor may be held responsible for negligence.

Trampoline owners, whether private or commercial, also have a responsibility to ensure proper supervision. This is particularly important when children are using the trampoline, as they may not fully understand the risks. Proper supervision can help prevent accidents and reduce the likelihood of injury.

In summary, waivers and supervision are vital components of trampoline safety. They help protect both trampoline users and operators from potential harm and legal consequences. By implementing waivers and providing adequate supervision, trampoline parks and owners can minimise their liability and ensure a safer experience for everyone involved.

Frequently asked questions