Trampoline Injury Claims

Answer:

We get a number of calls regarding cases from individuals that are injured when they are at establishments that have trampolines. These cases range from injured ankles to fractured arms to even more serious injuries. In New York State, there is a doctrine called Primary Assumption of the Risk that provides some protection to these establishments. However, we’ve been able to get around those protections by showing, in many cases, that the individuals who were injured were subjected to a danger that went beyond what would be expected under the normal circumstances. If we’re able to do that, we can get outside of the statute or the law that allows these establishments to operate with impunity.
Interestingly, there’s actually legislation being considered right now with respect to these businesses because there have been so many injuries and so little ability to eradicate the problem. Despite those laws and the common law that I just spoke of, we have been taking those cases and pursuing the trampoline companies, again, indicating that the injuries were caused by a danger outside of what would be reasonable under the circumstances.