Trampolines are a great source of fun, entertainment and exercise, but Oregon trampoline injury lawyers have noticed a worrying increase in the number of trampoline injury cases being reported. As the seemingly harmless devices become more and more popular, trips to hospital emergency rooms are becoming more and more frequent.
The feeling of near flight and falling to a soft, elasticated black surface before bouncing back into the air again sounds safe enough, but the fact is, using trampolines can result in a number of different, often serious injuries. Oregon trampoline injury lawyers say people can be hurt in a number of ways, including:
- Crashing into other people who are jumping on the trampoline at the same time
- Landing awkwardly, even on the elastic surface, while attempting stunts like flops, flips and twists
- Falling off the trampoline – a major source of serious accidents
- Jumping off the trampoline – a source of strains, fractures and sprains
- Landing on the trampoline’s frame, or between the springs, rather than on the center of the device
Trampoline injuries can be very serious
Oregon trampoline injury lawyers have reported that the types of accidents they are seeing on an increasingly frequent basis are not just sprained ankles and the odd deep bruise. Awkward falls from what can be serious heights are leading to traumatic and potentially life-changing injuries, such as:
- Spinal cord injuries
- Severe fractures
- In some cases, deaths have been the result of trampoline accidents
Who is liable for these trampoline injuries?
The issue of who is liable for injuries sustained by people using trampolines is one that is black and white. There is the question of whether the premises owner is the same person as the owner of the trampoline.
In many cases, the person who was injured on the trampoline will be a guest of the property owner. In such situations, the injured party is considered an invitee, and under such cicrumstances, the property owner and the owner of the trampoline simply owe what is called a “Duty of Care” to the guest. To fulfill their obligations, the property and/or trampoline owner must warn their guests of the obvious dangers of using the trampoline, and exercise what is considered ordinary care in maintaining the premises in a reasonably safe condition. If these conditions are fulfilled, it may be difficult establishing the liability of the property or trampoline owner if an injury accident occurs.
On the other hand, some jurisdictions have designated the use of trampolines as an “ultra hazardous activity.” In these areas, the owner of the trampoline, and the property on which the accident took place, could be subject to much stricter definitions of liability. If you have any doubts about potential liability, it would be wise to talk to a good Oregon trampoline injury lawyer.
The manufacturer could also be held liable
Was the trampoline defective? Was the design dangerous? If these things contributed to an accident in which the trampoline user was injured, they could hold the company that manufactured the trampoline liable for the injuries caused.
Also, if the manufacturer failed to place a clear warning of the dangers of using the product in the packaging, they could be held liable for injuries caused under product liability legislation. In some instances, manufacturers can also be sued under the theory of strict liability.
Four elements of proof in a trampoline injury case
Having spoken with your Oregon trampoline injury lawyer, should you decide to proceed with a personal injury claim, four main elements of negligence must be proven. They include:
- Establishing that the manufacturer, premises owner or the owner of the trampoline actually owed the injured party a Duty of Care
- That duty of care was breached by the premises owner or the owner of the trampoline
- The injury caused was a direct result of the defendant’s breach of their duty of care
- The injured party must also be able to definitively prove that they incurred losses or damages as a result of their injury.
Once all these four points have been established, the injured victim, through their Oregon trampoline injury lawyer, should be able to claim damages for any or all of the following:
- The physical pain and suffering caused by the trampoline accident
- Additional mental suffering and emotional distress
- Lost earnings due to the inability to attend work, as well as the impairment of future earning capacity
- Any medical expenses incurred, and those for ongoing treatment to help in the rehabilitation of serious injuries
- Loss of the normal enjoyment of life
- Other injury-related expenses
- Loss of consortium
Why do I need a trampoline injury lawyer?
Establishing negligence and liability can be a complicated process, and many people who file a personal injury claim without the benefit of professional advice do not see the process through to its conclusion. Insurance companies would far prefer to defend a case against an individual than one who is represented by a good personal injury lawyer.
If you or a member of your family has been injured in a trampoline accident, at the very least you should phone an experienced team of Oregon trampoline injury lawyers to ask a few questions regarding your right to file a claim. The consultation is free, and at the very least you will know whether or not you have a good chance of being compensated for your injuries, recovering your medical expenses and starting the process of recovery.