An innocent trip to an indoor
trampoline park can end with a trip to the emergency room - or worse - due to
failing equipment, poor supervision and overcrowding.
Three weeks ago, Grace and her
family went to Jumpstreet, an indoor trampoline park to celebrate her son’s 7th
birthday. When asked to sign a liability
waiver, little did Grace know that she was signing away her right to receive
financial help in the event of an injury.
On November 29, Grace was
jumping, did a little flip, and fell hard on her neck. She said immediately following the fall, she
felt nothing. Grace was transported to
an area hospital with a severe spinal cord injury. Two days later, she underwent surgery to
remove broken pieces of vertebrae and install two titanium plates to protect her
spinal cord. Doctors said if the injury
had been one vertebrae higher, Grace would have been on a ventilator and unable
to talk. If she had been moved even an
inch before paramedics arrived, she may not have survived.
Since that day, Grace has been
paralyzed from the waist down, but has regained limited use of her arms. She was
finally able to feed herself, but otherwise, needs assistance with everything -
getting in and out of her wheelchair, getting dressed, and going to the
bathroom. She goes through three hours of excruciatingly-painful physical
therapy every day and is receiving an experimental treatment in which
electrodes deliver an electrical stimulus to her legs. Her future is uncertain, but Grace is
determined to walk again.
Despite the liability waiver,
her family plans to file a lawsuit, alleging park negligence and at least
partial responsibility. Grace’s husband faults
the design of the facility for causing his wife's life-altering injuries. He said the facility is designed with profit
in mind – how many people can they squeeze in rather than safety. Their attorney said the waiver does not absolve
Jumpstreet from "any hidden dangers or gross negligence." The
investigation is ongoing.
In recent years, trampoline
safety at indoor facilities has come under closer scrutiny as a number of
children and adults have experienced serious injuries. Last year, an 11-year-old girl broke her leg
in two places running down a narrow trampoline and a man died after he fell and
broke his neck in five places at an indoor trampoline park in 2012.
When visiting a trampoline park, you are
generally covered by premises
liability law which states that the business is responsible to do its duty
to keep you safe. What most people don’t know is that trampoline parks are
still a largely unregulated industry; it is left up to individual park owners
to establish their own rules and regulations.
A liability waiver excuses the park from simple negligence and also
establishes an assumption of risk. However, the liability releases have limits. Simply signing a waiver does not protect the
business from any and all lawsuits in the event of an injury; if there was
gross negligence, you may be eligible for compensation. Whether or not you sign a waiver, you still have a right to expect that
the facility will do its best to protect you as a visitor. Liability
waivers are not as cut and dry as the facility would like you to believe. There
are many ways that the trampoline park and its employees can be held liable for
your injuries. Therefore, it is best to discuss your case with an experienced
attorney. A lawsuit may not only
compensate you for your injuries, but help make trampoline parks safer.
It is not unusual for people with serious
injuries to have difficulty paying their bills. Many will be unable to return
to work due to injuries or in caring for a child seriously injured. When income
and savings are not sufficient to meet financial obligations, many people are
at a loss regarding what to do and may consider settling for less than case
value or face bankruptcy. For those seriously injured and represented by an
attorney, lawsuit
funding may be an option
Lawsuit funding is a cash advance leveraged
against the proceeds of your future settlement. There are no application fees
or monthly payments and you only pay back the funding company when your case is
resolved. Because the funds are provided on a non-recourse basis, you only have
a responsibility to repay the advance if you win your case; lose and you owe
nothing.
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