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Liability waiver for your trampoline?
Filed under: Health & Safety: Babies
I never had a trampoline as a child, but I badly wanted one. My friend had one, and for that reason, her backyard was a popular hangout for the neighbor kids. One afternoon, we were taking turns showing off on the trampoline when I attempted a move that was beyond my skills. Jumping as high as I could, I flipped twice and as I was heading back down to earth, I realized I was no longer over the trampoline. I was falling towards the concrete patio and there was nothing I could do about it. I can still remember the terror I felt as I descended onto the glass patio table. The table was shattered, but I was lucky to limp away with only minor cuts and bruises.
Because of my experience, I won't allow a trampoline in my own backyard, but a friend of mine just purchased one for her family. Her 10 year old son needs to drop a few pounds and she thought having a trampoline in the backyard would encourage him to exercise. She also knows that the neighborhood kids are going to want to get in on the fun and she is worried about injuries. She would like to have parents sign a liability waiver before allowing the kids to jump. I agree with her, but her husband does not.
The dangers associated with trampolines are very real and the American Academy of Pediatrics recommends that they not be used at home. What's more, many home insurance companies exclude them from policies, leaving a home owner's personal assets vulnerable if someone should get hurt. Her trampoline has a safety net and she has laid down the rules, but it makes sense to me that she would want to protect herself from being liable in the event of an injury.
What do you think? Would you insist that parents sign a waiver before letting their kids jump on your trampoline?
Because of my experience, I won't allow a trampoline in my own backyard, but a friend of mine just purchased one for her family. Her 10 year old son needs to drop a few pounds and she thought having a trampoline in the backyard would encourage him to exercise. She also knows that the neighborhood kids are going to want to get in on the fun and she is worried about injuries. She would like to have parents sign a liability waiver before allowing the kids to jump. I agree with her, but her husband does not.
The dangers associated with trampolines are very real and the American Academy of Pediatrics recommends that they not be used at home. What's more, many home insurance companies exclude them from policies, leaving a home owner's personal assets vulnerable if someone should get hurt. Her trampoline has a safety net and she has laid down the rules, but it makes sense to me that she would want to protect herself from being liable in the event of an injury.
What do you think? Would you insist that parents sign a waiver before letting their kids jump on your trampoline?
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ReaderComments (Page 1 of 1)
4-20-2007 @ 10:19AM
Nancy Toby said...It would entirely depend on the state laws. This is one area I'd probably consult a lawyer.
Reply
4-20-2007 @ 2:54PM
Marylena said...No, but then I've told my husband we won't have any trampolines at our house. To be frank, I'm afraid of them. When I watch my nieces and nephews jump on their trampoline, I'm so afraid they're going to land wrong and snap their necks.
Call me paranoid, if you like, but that's how I feel.
Reply
4-20-2007 @ 3:15PM
Sandyone said...I've lived on military bases where the commander wouldn't allow anyone to have them. It's a serious liability issue and if we had one, I wouldn't allow other children to jump on it. I guess that's one more reason for why we *don't* have one. I do let my kids jump on neighbors' trampolines, though. I think their parents are foolish for allowing it, too.
Trampolines are an awful lot of fun. So is jumping out of airplanes. Neither one is particularly safe, though.
A signed waiver isn't going to protect your friend, though. Those slips we sign for kids' school trips don't protect anyone, either.
Reply
4-20-2007 @ 6:12PM
Karen said...There are other ways to get a child out and moving that are much, much safer. I've been an EMT for a long time, and there is no way that I'd let my kids have a trampoline. I have seen so many trampoline injuries over the years. In addition, our homeowner's insurance excludes them.
Reply
4-20-2007 @ 6:39PM
Lindsey said...A swimming pool is much more dangerous than a trampoline, but most people don't bat an eye about putting one in their backyards.
Reply
4-23-2007 @ 11:55AM
T said...The liability waiver would (a) have to be draconian - i.e. The Parent understands that the Owner may not supervise the use of the trampoline at all times, and explicitly grants permission for Child to use the trampoline without adult supervision... and so forth, which no parent would/should sign and (b) only be of limited use - you can't sign away your right to sue for negligence, and that is what they would almost certainly sue you for - negligent supervision of the children, negligent maintenance of the trampoline, negligence in choosing where to set it up, etc.
Also, if there is an injury, the first thing the parents are going to think about is suing you, because you brought up the litigation issue first. And you can ALWAYS be sued, waiver or no waiver (a sucessful motion to dismiss - which is the earliest you could get out of the case, would cost in excess of $5k - probably closer to $10k, and assuming that there wouldn't be an appeal. I guess you could add in language that the prevailing party gets attorney's fees from the loser, but that assumes that you will win the case.
Trampolines are dangerous. Buy the kid a bike.
Reply
4-23-2007 @ 5:47PM
SB said...Lose the trampoline. The risk is higher than the potential reward of the child dropping a couple lb's. I agree with T. Buy the kid a bike.
Reply