Monday, December 22, 2014

Signing Away Her Rights!



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.

With our online application you can start the process in less than five minutes.  Once we received supporting documentation in your case, we can make a funding decision within 24 hours.  If we approve your request, we will immediately send you and your attorney a contract for signature. Should you accept the contract, you can have cash in hand in as little as 24 hours. When the bills are paid, you can focus on recovering from your injuries. Contact us today and see if we can help.

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