Step 3: What the Law Looks at When a Trampoline Park Injury Leads to a Claim
A negligence or premises-liability claim generally rests on four elements:
- Duty of care: whether the park, operator or another party owed the injured person a duty of reasonable care.
- Breach: whether that party fell short of that duty, for example in how a court was maintained, how jumpers were grouped, or how an area was supervised.
- Causation: whether that shortfall actually caused the injury.
- Damages: the harm that resulted.
This site's page on a trampoline park injury claim walks through how these elements apply in a park setting. An injury at a trampoline park does not by itself prove that anyone was negligent or that any product was defective. What is at stake for an injured person is whether the facts of the incident, such as supervision, grouping or maintenance, can be tied to each element.
Product liability is a separate theory: a claim that a defect in the equipment itself caused the injury, whether in its design, its manufacture or its warnings. The CPSC's regulation at 16 C.F.R. § 1115.4 describes a defect, for federal reporting purposes, as "a fault, flaw, or irregularity that causes weakness, failure, or inadequacy in form or function." The regulation says a defect can come from:
- a manufacturing error;
- a design that presents a risk of injury even when the product is built exactly to specification; or
- a product's contents, construction, finish, packaging, warnings or instructions.
State product-liability law, not this federal definition, decides a private claim. Even so, the regulation shows the kinds of questions a defect inquiry asks.
If you were hurt, the other side may point to your own role in the accident. Comparative fault and contributory fault are doctrines that reduce or bar recovery on that basis, and whether a state follows a pure comparative, modified comparative or contributory rule differs by state.
Wrongful death is a claim that surviving family members may bring when a person dies as a result of another's negligence or wrongful act. Who may bring it, and what damages are available, differ by state.
The losses a claim may address can include medical expenses, lost income and pain and suffering, and in wrongful-death cases, loss of companionship. Which of these a state allows depends on its law and the facts, which is one reason medical records and bills tend to matter. Whether the facts point toward the park, the equipment, or both is a question a conversation with an attorney can help sort out.