Are Trampoline Parks Safe?

Countless attractions and businesses cater to entertaining children. Trampoline parks are the latest craze growing increasingly popular across the country. While many Texas families have enjoyed these establishments, there are no current laws that regulate or govern these parks; including any state-enforced safety requirements or inspections. A trampoline park is essentially an indoor gymnasium equipped with trampolines of different sizes, foam pits, gymnastic equipment, and other activities for kids of all ages. Unfortunately, most of these establishments follow a “jump at your own risk” policy.

When an individual decides to partake in an activity offered by a business, there is assumption of risk involved. For example, if you visit a parasailing company for a day on the water, you will be assuming the risk that something could go wrong and you could sustain injuries. Similarly, if you enter a trampoline park, you will likely have to sign a waiver saying you assume the associated risks of enjoying the park.

In general, waivers or liability release forms rarely hold up in court, especially if there is evidence that a business acted negligently in some way. Some injuries may occur due to a child’s personal behavior or factors outside the park’s control, however there are some cases in which a trampoline park would be liable for a child’s injury. The determining factors are whether or not the trampoline park was in any way negligent, and if that negligence directly contributed to the child’s injury.

It’s vital to understand that although trampoline parks owe a duty of care to their patrons, there are no specific laws in place to govern their requirements in terms of safety, supervision, and age restrictions for different types of play. If you enter a trampoline park, you should acknowledge that you are assuming a level of risk by allowing your children to play in the park.

In a lawsuit involving an injury at a trampoline park, the plaintiff must prove that the park was negligent in their supervision of patrons, failed to maintain a safe and clean environment, or otherwise failed to prevent injuries to customers. The elements of negligence include:

If a trampoline park fails to maintain safe equipment, does not adequately supervise the children playing, or staff fail to enforce the park’s rules, these could all be examples of negligence if these conditions lead to a child injury. Of course, since there are no specific laws or state-level regulations for trampoline parks, plaintiffs may be somewhat limited in their options for legal recourse.

Ultimately, there is always a level of assumed risk when you enter a trampoline park, and there are no state laws that you can refer to in the event of an injury. You will need to prove that the park was negligent in some way to secure compensation for your child’s injuries. If you or a loved one experienced such an event, reach out to an experienced personal injury attorney to discuss your options. Your attorney will be able to tell you if the park’s liability waivers will be a concern, and determine other factors that may help your case.

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