If the Trampoline or Its Parts May Have Failed: Product Liability
Product liability addresses injuries caused by a defective product, and it can reach the businesses that brought the product to the public rather than the owner of the place where it was used. In trampoline cases, it can apply to a backyard trampoline, a park's court system or parts such as a frame, springs, pads or an enclosure net.
If the equipment seems to have played a part, courts generally look at three kinds of defect. The particular unit may have been made wrong (a manufacturing defect), such as a weak frame weld. The design itself may carry the risk, so that even correctly made units share it (a design defect). Or warnings and instructions may have been missing or inadequate (a failure to warn), such as no clear statement about the risk of flips. Whether any theory fits depends on the specific equipment and accident, and an accident does not prove a defect.
Federal regulations offer one description of a defect. Under 16 C.F.R. § 1115.4, the Consumer Product Safety Commission's reporting rule describes a defect as "a fault, flaw, or irregularity that causes weakness, failure, or inadequacy in form or function," and says a defect "can also occur in a product's contents, construction, finish, packaging, warnings, and/or instructions." That rule governs when businesses report to the Commission; state product liability law sets the standards for an injury claim. The page on trampoline spring and frame injuries looks at this further.
Among the Commission's powers over defective products are those set by 15 U.S.C. § 2064, which addresses substantial product hazards. It requires every manufacturer, distributor and retailer of a consumer product who obtains information that reasonably supports the conclusion that the product fails to comply with an applicable consumer product safety rule or with a voluntary consumer product safety standard upon which the Commission has relied, fails to comply with any other rule, regulation, standard, or ban enforced by the Commission, contains a defect that could create a substantial product hazard, or creates an unreasonable risk of serious injury or death, to "immediately inform the Commission," unless it has actual knowledge that the Commission has already been adequately informed. The same section allows the Commission, after an opportunity for a hearing, to order remedies including repair, replacement or a refund. A recall is not a finding that a product injured any particular person.
The businesses that may be named can include the manufacturer, an importer, a distributor and a retailer, depending on state law. Product liability and premises liability can both apply in the same case. For an injured person, this means responsibility may reach beyond the place where the accident happened. Whether the equipment, its labels and its purchase records were kept is a question worth weighing early, since they are what a defect claim is examined against.