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December 14, 2018

What Can I Do If I’m Injured While on a Trampoline?

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Posted in Wisconsin Workers Compensation Related News

Personal Injury Lawyer Milwaukee, WI

If you get hurt while on a trampoline, is it always someone else’s fault? Sure, if you are fooling around and using the trampoline improperly or without proper spotting, it may just be no one’s fault but yours. But if the property owner was negligent in some way or someone else did something that contributed to your injury, you may be able to file a claim with a personal injury lawyer Milwaukee, WI relies on at Hickey & Turim, SC to get reimbursed for medical expenses, pain and suffering, lost wages, and any other costs associated with your injury.

Who Else Could Be Liable for Your Injuries?

In addition to the property owner, the trampoline’s manufacturer may also be held responsible if there was a defect in the way the trampoline was made.  When trying to determine where the fault lies, you must address the following:

  • How did the injury occur?
  • Look at everyone who could possibly be responsible for the accident

Parties that could possibly be responsible include:

  • The owner of the trampoline
  • The manufacturer of the trampoline
  • Anyone else using the trampoline at the time

It is important to target the correct party because if you go after the manufacturer and it turns out to be the property owner’s issue, you could lose your claim and not get anything.

Finding Out Exactly What Happened

Trampoline accidents are usually classified into three different situations:

  • Those using the trampoline acted irresponsibly
  • The trampoline had a manufacturer defect
  • The owner of the trampoline was negligent in maintaining the trampoline or supervising its use

There are different types of lawsuits that you can file depending upon how the injury occurred:

  • If the accident was caused by a manufacturer defect, you can file a products liability claim
  • If the owner was the cause of the injury, you can file a premises liability claim
  • If there was another person involved and you feel they contributed to the injury, you can file a negligence suit against them

Products Liability Claim

If the trampoline did not perform according to the required intended purpose, the manufacturer opens itself up to possible lawsuits. The product must be safe for use as intended.

Premises Liability

The owner of the property, or whoever is in control of the property, is expected to take the correct steps to protect any visitors from being hurt. This is true for a trampoline on the property. The owner must be sure that the trampoline is:

  • Properly maintained
  • Safe to use
  • Correctly supervised when in use

Negligence Suit Against Another Person

Generally, each person is responsible to act reasonably under certain conditions. If someone knocked you off the trampoline or threw something at you while you were jumping, that person may be liable for any injuries you sustained because of their actions.

Do You Assume Some Portion of Risk?

There are many activities that the law deems to be ‘inherently dangerous’. These include playing football, skiing, mountain climbing, etc. What this means that by participating in these activities you assume you may get hurt and therefore you cannot sue anyone if you get injured. This may be true as an adult, but it is not always the case. If the injured party is a minor you may have more success with your lawsuit.

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