If you’re reading this page, you’ve most likely gone through the trauma of your child being injured at a trampoline park in Georgia. There is good news and bad news. The bad news is, the trampoline park likely doesn’t care, and will tell you that you don’t have a lawsuit because of the waiver you signed. The good news is that what the jump park tells you may not be true. We can help you explore a possible jump park lawsuit in GA or trampoline park lawsuit in Atlanta.
If you’re like us, you know that injuries to a child add additional stress and tension to an already stressful situation…parenthood. We can investigate the facts of your child’s injury to help make life a little easier for you.
Below you will find information that is relevant to trampoline park lawyers relating to whether you have a case. The content is a little bit dense – the legalease of trampoline park lawsuits overwhelming. You will probably find yourself saying “what does it all mean?” and “this doesn’t tell me if I’m entitled to compensation.” You are correct. If the law was clear cut, there wouldn’t be a need for us lawyers. (Wouldn’t that be nice!) Unfortunately, cases are made in the grey area of the law and in order to pursue real compensation, you will likely need an experienced personal injury lawyer handling trampoline park lawsuits.
Call us anytime.
The Waiver
You might recall a screen near the counter of the trampoline park with type that looked like your mortgage documents. This screen may have been sticky from the prior child. You might have had a little one in your arms and maybe you were chugging the coffee necessary to keep up with those kids. Regardless, the likelihood that you read the entire document is small. The liklihood you contacted an attorney before signing is zero.
While not all trampoline parks use the same waiver, the standard boilerplate language usually goes something like this: “I hereby agree to waive all possible claims now and in the future that may arise from the negligent actions of the trampoline park facility, it’s employees, agents, etc.,” The waiver usually goes on further to say that you agree on behalf of your child that even if an employee negligently causes a severe injury (including death) to your child, you have zero chance of suing them or recovering any sort of compensation.
I know what you’re thinking… “I agreed that I can’t sue if the trampoline park negligently causes my child’s serious injury?!”
Maybe so…maybe not…that’s what needs to be investigated.
Does this waiver mean I can’t sue?
Again, the answer is “it depends.” Georgia law is still evolving when it comes to the enforceability of a waiver signed by a parent on behalf of a child. That is good and bad. It’s good because it means that courts have not ruled that a parent cannot bring a lawsuit on behalf of a child, even if an exculpatory contract (fancy word for waiver) was signed at the trampoline park facility. It’s bad because courts have not ruled that the waivers are per se invalid.
What we do know is this: The case of Flood v. Young Woman’s Christian Ass’n of Brunswick, held that a woman’s estate could not bring a lawsuit after the woman drowned in a pool while training to become a rescue swimmer because she signed a waiver agreeing to not file a lawsuit. In another case, McFann v. Sky Warriors, Inc., the Georgia Appellate Court held that when the defendant company’s aircraft lost a wing while mid-flight and crashed, killing the widow’s husband, this was enough to render a jury question valid on whether the company acted with gross negligence, which rendered the waiver invalid.
The legality and effectiveness of the waiver you signed fall on a few different factors: the specific language used, whether you signed the waiver on behalf of a child, wither the language used in the waiver was clear about what exactly you are waiving, among many other things.
Whether it’s our firm or another firm, your child’s injuries and recovery are of the utmost important, and time is of the essence. Please call an attorney today.
Trampoline Park Injuries in Georgia
Would you be surprised to learn that there are likely no state inspections to regulate trampoline park safety for you and your child? It shocks and angers us, as it should you too! Pediatric orthopedic surgeons in Atlanta and various cities around the country also know this.
Georgia is one of the many states that do not have strict, or even sensible, trampoline park safety guidelines. In fact, one family in an Atlanta suburb has taken matters into their own hand, trying to enforce and make new rules for trampoline parks to follow about the safety of their parks, including proper supervision.
For this family, as I’m sure much like yours, the cause is personal. Their son suffered an injury at Get Air Trampoline Park in Johns creek, and has required several surgeries so far, and may never be the same. https://www.11alive.com/article/news/investigations/trampoline-park-business-soars-but-whos-looking-out-for-your-kids-safety/85-475231700. The child’s mother stated that “To see your child in pain… He’s lost time, his life, he’s lost events he’ll never get back,” explains Charmain Solter. ‘He has nightmares, the pain, screaming at night.”
Another incident occurred in Augusta, Georgia where a child’s foot and ankle were severed. AirStrike Trampoline Park’s statement was to remind the customers and parents of the safety rules at the park, and to “be mindful of their own limitations.” https://www.wjbf.com/news/ambulance-responds-to-accident-at-augusta-trampoline-park/1015820947
Not only are these two personal stories just a few out of thousands, the nationwide injury rate for trampolines and trampoline parks is skyrocketing! Trampoline injuries multiply by the year, with an estimated 21,000 in 2015 and as many as 129,000 trampoline (not necessarily at parks) injuries in 2017. The injuries can range from a basic ankle sprain, to a shattered femur, to traumatic brain injury and life-ending paralysis.
There are real families just like you currently experiencing these horrors with their children.
Atlanta Trampoline Parks
The following is a list of trampoline parks in your area. Some of them have been reviewed. While we don’t have the statistics on whether or not they have been sued, we do know that there have been successful trampoline park lawsuits in Atlanta and surrounding areas of Georgia.
– Nitro Zone in Peachtree Corners, GA
– Xtremehopp in Johns Creek, GA
– XDrenaline in Marietta, GA
– Rockin’ Jump in Smyrna, GA
– Get Air in Fayetteville, GA,
– Get Air in Stone Mountain, GA
– Jumpstreet Indoor Trampoline Park in Lawrenceville, GA
– Jumping World in Kennesaw, GA
– Rockin’ Jump in Buford, GA
– Adventure Air Sports in Kennesaw, GA