Trampoline Injuries in the Backyard: Understanding Massachusetts Liability

A backyard trampoline can provide children in Massachusetts and the surrounding New England states with the opportunity to have fun while also boosting their physical fitness. While many experts recommend that trampolines not be sold for home use due to the significant risks involved, the reality is that manufacturers continue to fee consumer demand for these products. In doing so, companies attempt to shift full responsibility to parents and caregivers tasked with supervising children, when liability may be found in inadequate design, faulty instructions, or improper or unclear cautions and warnings.

Such factors can result in injury to children. Parents, homeowners, and related parties should understand the significant risks involved, shoul a decision be made to purchase and assemble a trampoline for use by children in a home setting.

Has your child been injured in a backyard trampoline accident in Massachusetts or the surrounding areas? If so, depending on the cause and nature of the accident, your child may be eligible to receive compensation for medical bills and related losses. Understanding liability in these circumstances is key to effectively pursuing the compensation that may be available.

The Potential Consequences of Backyard Trampoline Accidents

The injuries that children might sustain in a trampoline accident can be quite wide-ranging. Sometimes, these accidents only result in minor bruises that heal on their own. In other scenarios, a backyard trampoline accident can result in more serious injuries, like fractures.

Some trampoline accidents have tragic consequences. Children may sustain injuries that leave them paralyzed for life, or they may pass as a result of their injuries.

If you have any reason to suspect your child might have sustained an injury in a trampoline accident, always seek medical attention. Be aware that the symptoms of an injury aren’t always obvious. For example, a child who sustains a concussion might not notice symptoms right away.

Be cautious and bring your child to the doctor if there’s any chance that they’ve been hurt while using a trampoline. Seeing a doctor right away doesn’t just ensure your child receives the medical attention they might need. It can also establish a link between their injuries and the trampoline accident. Establishing such a link is often necessary when seeking compensation.

What You Need to Know About Pursuing Compensation After a Massachusetts Backyard Trampoline Accident

Pursuing compensation for medical bills and related losses when your child has been injured in a trampoline accident usually involves filing an insurance claim against the liable party’s insurance. If their insurance doesn’t offer sufficient compensation or the insurance company refuses to issue a settlement, you also have the option of filing a lawsuit and pursuing damages in court.

You need to understand who is liable in these circumstances when taking legal action. Often, the liable party is a homeowner. Homeowners generally have a responsibility to ensure the safety of those with legal permission to be on their properties. If a homeowner has a backyard trampoline and they are allowing children to play on it, they need to supervise the children appropriately so they can intervene before accidents occur.

That said, there can be many other contributing factors. For example, it might be determined that a trampoline accident occurred because a trampoline was defective or because there was an inherent flaw in the design of a trampoline. The trampoline’s designers or manufacturers might be liable in this scenario. If they are, a parent on behalf of an injured child can file a product liability claim or lawsuit. Unlike a claim or lawsuit in which the homeowner is the liable party, they don’t need to provide evidence of negligence when doing so if breach of warranty can be shown.

Get Help With Your New England Backyard Trampoline Accident Case

It can be devastating as a parent when your child is injured while engaging in an activity that is meant to be fun and healthy. Although you can’t change the past and stop the accident from occurring, you can pursue justice on their behalf if your child was injured because someone was negligent or because they were playing on an unsafe piece of equipment.

Just remember that building an effective case may require gathering evidence and documenting your various compensable losses. These aren’t tasks you need to address on your own. While you focus on helping your child recover from their injuries, legal professionals with experience handling these types of cases can fight for what you and your child may deserve.

At Swartz and Swartz PC, a Boston child injuries lawyer will review your case and provide dedicated representation. Learn more about what we can do for you and your child now by contacting us online or calling us at (617) 742-1900 today to set up your free consultation. Be aware that we work on a contingency fee basis, meaning our legal fee is a percentage of the compensation we recover for you. If you don’t get paid, we don’t get paid.

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If you or someone you know, needs help from a lawyer, contact the law offices of Swartz & Swartz, use our live chat, or send us a message using the form below and we’ll get in touch to assess your case and how we can help.