Trampolines are a fun way for children to get some exercise. However, these backyard toys can also cause serious injuries to children. Find out who is responsible and what to do when your child gets hurt at someone else's home while playing on a trampoline.
The Responsible Party Might Owe You Money
After an accident, it can be confusing to know what to do. Get your child medical treatment and worry later about taking legal action. Your personal injury lawyer will discuss the details of the accident with you and determine who was responsible for your child's injuries. The responsible party could owe you money for medical expenses, personal property (the child's clothing, etc.), lost wages (the parent's), and pain and suffering.
Friends, Neighbors, or Relatives Owned the Trampoline
If your child was invited to play on a trampoline, then the owner of the property or the renter of the home is the responsible party. Even if you gave your child permission to play on the trampoline, it was likely with the expectation that the child would be supervised while playing.
However, if your child accessed the trampoline without permission from anyone, the owner could still be responsible. A trampoline falls into the category known as an attractive nuisance. Children are in a protected category of victims and adults owe children a duty of care to make things safe. The trampoline should be behind a secured fence and made inaccessible as much as possible.
The Trampoline Had a Product Defect
While trampoline owners are expected to maintain the toy, the manufacturers can be sued when they fail to produce a safe product. Several parts of a trampoline can malfunction and fail, even when the toy is new. Parents of a hurt child can take action by filing a product liability case against the maker of the toy for failing to make a safe product.
Others Caused Your Child's Injury
Though more difficult to prove, you might also have a case against others present while your child played on the trampoline. Children of all ages may be misbehaving on the trampoline when others become hurt. However, children under the age of 18 cannot be sued and many judges will find that other children cannot be held responsible.
Parents can take legal action on behalf of their injured child. Speak to a personal injury lawyer about your child's trampoline injury.
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