Trampoline park injuries are common. TN is no different than anywhere else in the country. Odds are you’re here because you or someone you love has been injured at a trampoline park. You are curious as to what options you have.
The good news is that you may be able to seek justice from the trampoline park. We know you likely signed a waiver. We know you were told that the waiver would bar any lawsuit or future claim against the trampoline park or its employees. We also know that these trampoline parks are known for bullying the little guy (customers) because they want only to make money.
Tennessee laws may allow for you as a parent to bring a lawsuit on behalf of your child if he/she was injured in a trampoline park. If you want to skip the dense case law and analysis, please do and call us now. If you want to know more about the reality of waiver law in Tennessee, examples of lawsuits, and examples of common trampoline park injuries, keep scrolling.
A bulk of the waiver was too difficult to read and comprehend in the amount of time you had to sign it. That’s a fact. However, here’s what you likely missed.
“I understand that by agreeing to arbitrate any dispute as set forth in this section, I am waiving my right, and the right(s) of the minor child(ren) above, to maintain a lawsuit against ___ and the other Releasees for any and all claims covered by this Agreement. By agreeing to arbitrate, I understand that I will NOT have the right to have my claim determined by a jury, and the minor child(ren) above will NOT have the right to have claim(s) determined by a jury. Reciprocally, ____ and the other Releasees waive their right to maintain a lawsuit against me and the minor child(ren) above for any and all claims covered by this Agreement, and they will not have the right to have their claim(s) determined by a jury.”
Any and all claims includes negligence, even negligence that results in catastrophic injuries or death of a child. To us, that’s preposterous. To these big-box Trampoline Parks, it’s strictly business. To you, as a parent of a minor child who was recently injured, it can come as shocking and heartbreaking.
What if we told you that it’s a lie? What if we were to tell you that because you live in Tennessee, there is a still a chance you can sue a trampoline park even if you signed a waiver. You may know of a recent lawsuit against a trampoline park in Tennessee for $750,000, filed by a family in 2018. We will get into the details on this below, but the fact that the suit was filed, is promising for victims and families of trampoline park negligent actions. https://www.ajc.com/news/parents-file-750-000-lawsuit-against-tennessee-trampoline-park/rKiRJrad2bsPURySBlkIzN/
If you singed a waiver, and your child suffered an injury, call us now to speak with an attorney well-versed in trampoline park lawsuits.
Does the waiver mean I can’t sue?
No, not necessarily. Tennessee Courts have previously held that parental waivers signed on behalf of a minor child are invalid and moot against public policy. While this isn’t’ a blanket statement of law, it’s a great start. Since some states hold indefinitely that waivers are always valid, Tennessee parents of injured minor children have some law on their side. The Court of Appeals Western Grand Division, decided Childress v. Madison County nearly 30 years ago. In Childress, the plaintiff was a child with special needs who was participating in a public pool used for training children for the Special Olympics. The plaintiff was found at the deep end of the pool after the lifeguards and supervisors were not paying attention. The plaintiff was revived by CPR, suffered severe medical issues and expenses as a result of the injury.
The County argued that not only were they not negligent in supervising, but also that the mother of the individual had signed a release which “waived all liability” of the pool, much like the one you signed for the trampoline park. The Court of Appeals ultimately decided the case in favor of the plaintiff, but their holdings are what is most relevant and important regarding waivers.
The Court held that “the existence of a public duty which would disallow giving effect to an exculpatory provision is determined by looking at several factors. If the service provided is the type which may generally be subject to public regulation, then the duty probably exists.” Smith v. Southern Bell, 364 S.W.2d at 958. To read more about this case, click here https://law.justia.com/cases/tennessee/court-of-appeals/1989/777-s-w-2d-1-2.html
This is good news for injured children and their parents in Tennessee. However, it’s only the beginning. Once the waiver is established as invalid, the 4 elements of negligence: duty, breach, causation, and damages must be proved in a court. It is imperative that you not walk this journey alone. Contact an attorney who can guide you, advise you, and help fight for the justice and compensation you and your child deserve.
Trampoline Park Injuries in Tennessee
Unfortunately, trampoline park injuries can be devastating. The child in this article is deemed to be “permanently disabled.” https://www.fox13memphis.com/top-stories/parents-file-750000-lawsuit-against-local-trampoline-park-/734393565
Injuries are a common story in Trampoline Parks. Injuries in the hundreds of trampoline parks across the countries happen daily, with a large portion of these injuries requiring emergency room visits and even surgery for fractured bones or worse. Pediatric surgeons across the country warn of trampoline park dangers, and several empirical studies have been released with staggering numbers. If hearing it from lawyers who deal with injuries on a daily basis isn’t enough, hearing it from orthopedic surgeons who operate on the children should be.
Dr. Voskiul from the Journal of American Academy of Orthopedic Surgeons released a publication which stated that “Trampoline-related injury distribution included a higher percentage of fractures/dislocations, lower extremity fractures, fractures in adults, and surgical interventions associated with jump parks versus home trampolines.” https://www.ncbi.nlm.nih.gov/pubmed/30138296
Some of these injuries result in lawsuits, some result in million-dollar settlements, and unfortunately some end in the parent’s being stuck with the medical bills, and no assistance with the lifelong care of their injured child. http://pediatrics.aappublications.org/content/pediatrics/138/3/e20161236.full.pdf
Real Tennessee People Reviewing Tennessee Trampoline Parks
“If you feel comfortable bringing your kids to a place whose staff of bored 15 year olds on their phones are responsible for your child’s safety, you will freakin love this place.”
“This place has great trampolines but not enough supervision. Every time my kids go there they tell me that other kids run ACROSS the trampolines and collide with them.”
“The staff was not at all concerned if anyone followed the rules. There was an attendant literally in the little square next to mine, who saw a 20-something year old guy absolutely take me out, and DID NOTHING. After a few minutes of me sitting down on the edge trying to catch my breath in between sobs, I was asked if I could please move my feet off my square so others could jump… SERIOUSLY? With a fractured fibula.”
Trampoline Parks in Memphis, Nashville, Knoxville
The following is a sample of a jump park you may have visited with your children. Just because a trampoline park is one this list, does not mean that they have been negligent, nor does it mean they have been sued for negligence.
- Jumping World
- Sky Zone
- Urban Air
- Get Air
- Sky High Sports
- Above All Extreme Sports
- Jumpstreet Indoor Trampoline Park
- Sky Zone
- Urban Air
- Max Air
- Sevier Air Trampoline Park
- TopJump Extreme Arena