If you signed a liability waiver at a trampoline park and your child or another person sustains an injury, you may sue the trampoline park if negligence was the cause of the injury. While many facilities like trampoline parks have waivers in place to protect themselves from lawsuits in the event of injury, and Nevada often upholds these waivers, there are exceptions that may apply.
Following an injury in a trampoline park in Las Vegas, NV, call 702-620-2020 to schedule a free consultation with the injury attorneys at Burk Injury Lawyers and learn about your options.
Can You Sue a Trampoline Park in Nevada Even After Signing a Waiver?
If you sustain an injury in a trampoline park in Nevada, and you signed a liability waiver, there are some situations when you may still be able to file a lawsuit against the property owners. However, the circumstances must make the waiver unenforceable. To confirm whether a waiver is valid after your accident, it’s best to speak with a trampoline park injury lawyer.
What Is the Legal Significance of Waivers?
Waivers exist to free a party issuing the waiver from liability for risks connected to a service or activity, including activities involved in trampoline parks, where the risk of injury is more readily present.
When an individual signs a liability waiver, he or she can no longer sue the other party for damages in the event of injuries or property damage. When issuing a waiver, the issuing party must make it clear to the signing party the nature of the document with clear language and terms, and the signing party must willingly sign the document.
Are There Factors That Can Impact the Enforceability of a Signed Waiver?
There are several factors that can make the enforceability of a waiver questionable. Depending on the situation, you may be able to prove one of the following to void a signed waiver:
Unclear Language
In some cases, waivers may feature language that individuals cannot clearly understand when signing. For instance, the language could be confusing and vague, which could prevent the person signing from knowing the kind of terms to which he or she is agreeing.
Hidden Terms
Waivers could have terms hidden within their fine print, further keeping the individual signing from understanding the details of the waiver.
Coercion
Individuals signing waivers must do so of their own volition. If a trampoline park or another party forces the individual to sign the waiver in any way, this could make the waiver invalid.
Gross Negligence
Waivers only protect trampoline parks and other facilities from ordinary negligence. If the park is guilty of gross or reckless negligence, you may have grounds to file a lawsuit regardless of whether you signed a waiver.
A Child Sustains Injuries
Parents are unable to sign away their children’s rights in waivers, making a waiver void if a child suffers injuries due to negligence in a trampoline park.
Common Injuries Sustained in Trampoline Parks
So, how dangerous are trampolines? Injuries are commonplace at trampoline parks, as many hazards are present, especially from falls on hard surfaces.
According to recent stats, around 55% of trampoline park injuries involve dislocations or fractures.
Other common injuries sustained in these facilities include:
- Traumatic brain injuries (TBIs)
- Spinal cord injuries
- Head injuries
- Cuts and scrapes
- Irritated skin and rashes
- Death
If these injuries resulted from a trampoline park or another party’s negligence, it may be possible to sue the liable party for damages and deem a signed waiver unenforceable.
Who Is Liable for a Trampoline Park Accident?
Different parties could be responsible for trampoline park accidents, depending on the situation and cause.
For example, the owner of the trampoline park may be liable if the facility neglected to create a safe environment and minimize the risk of injuries. Trampoline park regulations are in place to maximize safety for all patrons, and the violation of these regulations could make the park liable for any injuries resulting from this negligence.
Another party that may be responsible for a trampoline park accident is the manufacturer of the park and trampolines. Faulty design or manufacture could increase the risk of an accident, even if patrons use the equipment as intended.
Installers and construction workers may also be liable if their faulty construction led to the development of an unsafe environment, even if the park owners and manufacturers took the proper steps to mitigate accident risks.
Reviewing the evidence of the case will help identify the liable party and determine how the accident occurred.
Steps for Filing a Personal Injury Lawsuit Against Trampoline Parks
To begin a lawsuit against a trampoline park for injuries, victims follow steps based on how a personal injury lawsuit works.
1. Seek Immediate Medical Attention
The first thing you should do following a trampoline park accident is seek medical attention if needed. Even if injuries appear minor, see a doctor to receive a formal assessment and diagnosis. The sooner you seek treatment after your accident, the easier it will be to connect the injury to your time at the trampoline park and the accident.
2. Notify Staff
Notify employees of your accident and injury. Doing so could begin the drafting of an accident report, which could help you prove the nature of your accident in a future case.
3. Determine Whether the Waiver Is Valid
If the waiver you signed protects the trampoline park after you sustain an injury, you may be unable to sue the park. However, some situations could invalidate the waiver and allow you to recover compensation. An attorney can help you figure out whether the waiver you signed is enforceable based on the language it uses or other factors.
4. Collect Evidence
Before building a case against a trampoline park, you must collect sufficient evidence proving the nature of your accident and injuries.
There are many pieces of evidence that could support your case, such as:
- Your signed waiver
- Photos or video evidence of dangerous circumstances at the park
- Witness statements from other visitors or staff
- Medical records, bills, and receipts
- Proof of lost income
Other evidence could come in the form of expert witnesses who can recreate the circumstances of an accident and determine how it occurred. There are plenty of examples of expert witnesses in personal injury claims to help demonstrate how an accident took place.
5. Contact a Trampoline Park Accident Attorney
To begin a case against trampoline park owners, it’s in your best interest to reach out to a lawyer with experience handling these types of cases. The right attorney can help you determine whether a signed waiver is enforceable, collect evidence supporting a potential claim, identify liable parties, and calculate trampoline park lawsuit settlements. An attorney will ultimately be able to maximize your chances of succeeding with a case.
6. Calculate the Total Settlement
It’s important to know how much to ask for in a personal injury settlement. With the help of an attorney, you can calculate the total settlement amount. Trampoline park lawsuit settlements can account for various damages, including certain economic, non-economic, and punitive damages.
Economic damages cover all direct financial losses resulting from your injuries, from medical bills to lost income and earning capacity. Meanwhile, non-economic damages apply to personal losses like disfigurement, loss of enjoyment of life, and pain and suffering. If you and your attorney find a trampoline park or another party liable for gross negligence, you may also be able to recover punitive damages that punish the defendant.
7. Begin the Lawsuit
With your case prepared, and a settlement determined, your attorney can file a lawsuit against the liable party. He or she will help you navigate your case and seek the total settlement amount, beginning with initial negotiations and potentially taking the case to court.
In the event of a trampoline park accident and injuries, it’s important to have the right attorney to represent you in a lawsuit. Otherwise, it can be difficult to prove that a signed waiver is unenforceable and get the compensation you need in a lawsuit.
To speak with an attorney in Las Vegas about a case and the options available to you, contact us today for a free consultation. The team at Burk Injury Lawyers is here for you.
