You may have heard about the recent lawsuit of a Kentucky man against House of Boom trampoline park. If you haven’t, here it is… https://www.courier-journal.com/story/news/crime/2019/04/12/house-of-boom-trampoline-park-louisville-man-wins-lawsuit/3411517002/.
Kentucky may have fewer trampoline parks than the average state, but the danger level is the same. If you have a child who was injured at a trampoline park in Kentucky, whether Louisville, Bowling Green, Lexington, or anywhere in between, please know that you aren’t alone, and a lawyer may be able to help you. We know that there is absolutely no pain quite like your child being injured, especially if it was due to someone else’s negligence.
If you believe that the trampoline park was in any way negligent, or the equipment was defective or malfunctioned, call us now. We will help you investigate your case for no charge.
Kentucky parents should keep reading. Below you will be able to gather some information relating to the waiver you (most-likely) signed, trampoline park injuries, waiver law, and some real-time reviews of trampoline parks in Kentucky. While we can’t guarantee you’ll have a lawsuit, or even a successful one, we can guarantee peace of mind by giving you our honest opinion about you and your child’s situation.
Kentucky Injury Waiver
Legal jargon is sometimes confusing. Terms like “exculpatory agreement,” “arbitration,” “informed consent,” and “assumption of risk” are often included in the agreement you may have signed when visiting the trampoline park. Legal jargon aside, a large majority of the waivers we run into include boilerplate language like “release all claims against the trampoline park,” “regardless if we or our employees are negligent,” “even if our negligence causes your child to sustain severe or catastrophic injuries, or even death.”
We know it is very unlikely that you called an attorney, set up a consultation, and followed through with the appointment to gain legal advice before signing the waiver on behalf of your child. That’s just not realistic for the 21st century parent like yourself
I signed a waiver on behalf of my child, can I still take action?
Maybe. The good and bad news in Kentucky, is that as of 2019, there is no definitive case law or statutes that resolve this issue. Kentucky is one of many states with unresolved waiver issues. However, calling an attorney is the first step in determining whether or not you have an action against a park, its employees, or the company who manufactured the trampoline park equipment.
As far as adults go, there are a few relevant laws that allow for enforcement of liability waivers. Ky. Rev. Stat. Ann. § 411.190 allows for certain adults to waive negligence in certain “recreational use” situations.
Generally, Kentucky favors public policy that does not allow for waivers and exculpatory agreements to be enforced. The case of Coughlin v. T. M. H. Int’l Attractions, in 1995, expanded on this a bit. In the Coughlin case, the parents signed a release for their son before he went exploring in cave. The son was injured on the cave owners’ property; injuries that ultimately caused his death. The Court held that the parents “did not release liability because the release read more as of enticement than a warning, and there was no public interest in promoting cave exploring.” http://cehdclass.gmu.edu/jkozlows/coughlin.htm
While caves are different from trampolines, this case suggests a possible positive outcome for a parent similarly situated in Kentucky. Public policy around the country has led to these waivers being struck down as unlawful. This means that the law “may” be on your side — but every case is different. Now, more than ever, is the time to call an attorney to discuss your child’s injuries, especially if you believe someone else’s negligence was at play.
Trampoline Park Injuries in Kentucky
A study done at the University of Kentucky found similar data and injuries that most other studies around the country found, trampolines are dangerous and can result in serious injuries! While sprains and strains may be common, more serious injuries like fractures, concussions, and spinal cord injuries are all too common also. https://www.stlouischildrens.org/health-resources/pulse/concussion-fact-sheet
The study quoted the American Academy of Orthopedic Surgeons, which states that children under six years od should not jump on trampolines or visit parks at all. Dr. John Draus, a pediatrician at the University of Kentucky HealthCare stated that “because children’s bones are still growing . . . jumping on a trampoline poses a high risk of injury.” http://ukhealthcare.net/blog/going-trampoline-park-reduce-injury-risk-tips/
As mentioned before, the recent lawsuit against House of Boom resulted in a jury awarding a Kentucky Man nearly $500,000 for his injuries. The man was jumping on the trampoline during a “club boom” event where the lights were out, and collided with a punching bag that he could not see, which caused him to fall and break his back. The jury found that the man was partly at fault, but the trampoline park was more at fault, and awarded the man the sum for his injuries, and pain and suffering. https://www.wdrb.com/in-depth/louisville-jury-awards-man-injured-at-house-of-boom-nearly/article_5a3451f2-5d53-11e9-869e-37b79959a50e.html
See what real parents are saying…
If you don’t want to take our word for it, see for yourselves what other parents are saying about Kentucky trampoline parks.
One parent said this about a park in Louisville:
“The trampolines are disgustingly dirty. The place is obviously not cleaned at night once they close. Being that toddler time is at 9am, and there are quite a few crawlers coming into the place, you’d think they would want to clean up all the little pieces of trash before a small child sticks something in their mouth and chokes on it.”
A concerned parent had this to say about the safety of the park:
“The people who are around for safety reasons don’t even care and let people do what they want despite safety violations. Also, they let way too many people in the building at once (which I do wonder if they’re over capacity and breaking the fire code)”
Another parent in Lexington, Kentucky had this to say about the lack of rules:
“No rules at all if your kid is bouncing in a square ten others can run right in the same one knocking them down along the way.”
A mother’s worst nightmare, and injury to her young child, was documented in this review:
“I was all the way across the room in the corner section with my younger child. I heard a cry didn’t know where it was coming from. The cry turned into a louder cry almost a scream. I look for my son and seen him tangled in the ropes in the foam pit. No worker even noticed. As I was going over, a young employee finally realized something was going on but yet looked puzzled as to what he should do.”
Kentucky Trampoline and Jump Parks
The following is not an exhaustive list of trampoline parks in Kentucky, it is merely a list of parks in the area. Listing a park here does not necessarily mean that there has been a lawsuit against them or that they have necessarily been negligent in any way.
- Skyzone Trampoline Park
- Altitude Trampoline Park of Louisville
- House of Boom Extreme Air Sports
- Xtremenasium Trampoline Park & Ninja Challenge Course
- Adreneline Entertainment Centers
- Get Air Lexington
- Lazer Kraze Trampoline Park
- Air Raid Trampoline Park in London
- Extreme Air Trampoline Park in Ashland
- Jump Air Zone Trampoline Park in Bowling Green
- Elite Air Trampoline Park in Owensboro