We Have a Trampolione-legal Ramifications.

We used to live behind a lady who had a trampoline and my daughters and her daughters played together. She had us sign a paper stating we would not hold her responsible in case of an accident on the trampoline. This was shortly after her own daughter did a flip and broke her arm on it! So it is not uncommon to have parents sign something. I would do it to be safe.

I can't believe I live in a world where people are asking parents to sign a legal waiver to have their kids come over and play. I think it is ridiculous that anyone would sue another neighbor over an accident that could very well happen at their own house. What a shame to have to bring up kids in this sue happy world.

That's what my dad did for us kids. He had all my friends parents sign a release form....and as ridiculous as we thought it was as children--the parents did sign it and the fun continued!

Yes there are legal ramifications. You need a legal release form from each child that jumps on the trampolione and then there is no quarantee that the parents will not sue. Check with your home owners insurance for quidenance on this. We know people that have been sued by "good" friends after an adult jumped on the trampolione and was hurt.

I don't really have any advice. It just saddens me that we have to even think about that in this day and age. I would never ever think to sue someone if he was at someone's house and got hurt accidentally. Accidents happen, you know. But some people are "sue happy" these days. Thanks for bringing up this question though. We got my son a trampoline for his birthday. We haven't had anyone over on it except family and our playgroup, and their parents are there as well. I never really thought about the liability of it all. Such a shame!

I haven't read all the responses so if you already heard this I'm sorry.
When I got my quote for my insurance they asked me if I had a trampoline. I don't so I said no, and they said good because apparently there have been law suits. SO I say yes... Cover your $(*%. Neighbors might be nice at first but when a situation arises that might include money...well.

There are legal ramifications if someone gets injured on your property-your home insurance covers it. When I was younger, a girl broke her ankle on our trampoline (and of course we didn't know her very well). Well, her parents could afford cigarettes but not health insurance for their children and our home insurance ended up footing the bill! I would definitely look into some kind of release form. Unfortunate that it has to be like that!

First of all, I have always heard that for safety ONLY ONE PERSON should be jumping at a time. I have seen two boys collide while just running, one's teeth entered the other's forehead and he had a major infection from that. So, imagine the force. jumping, colliding..or don't imagine.
The other thing is that I have always heard if someone got hurt on your property..for whatever..they could come back and sue you. That was in the day when it wasn't a big deal, so I am sure that it would be even quicker today. As a teacher, yes, I would get a release form signed and keep it in a safe place. Accidents DO happen.
Mom/Grandmom

Growing up, I had a neighbor with a trampoline and they wouldn't let us jump on it unless we took a waiver home and our parents signed it. Which I did and they did. I think it is a good idea. That was about 20-25 years ago so I know times have changed but I think you have to protect yourself no matter what decade it is. I say you should draw up some sort of release or waiver....maybe google it and see what comes up.

Yes, W., I have heard of a release form. Several years ago, one of my neighbors owned a backyard swimming pool and before he would let my kids swim he asked me to sign a form stating that I would not sue him for any harm done to my kids while in the pool. This was 20 years ago and at first, I thought it was kind of silly but I could see his position. I'm not sure if this would stand up in a court of law but it does make the other parents realize that problems could occur that you do not want to be held responsible for. You are right to be concerned. The other parents need to be made aware that their kids could get hurt while playing on the trampoline. They, then, could decide if they want to take that risk. J.

I think scenarios like this are what liability homeowners' insurance is meant to cover, but you can always check with your homeowners' (or renters', depending on your situation) insurance provider.

Search google for personal property liability and the like. The laws will vary by state, but if you keep everything in good condition (i.e. net around the edge of the trampoline, etc) and do everything to make your property "safe" then I don't think you can be held liable. THere is an inherent risk of injury by jumping on a trampoline. We have a similar issue only it's just with all of the neighborhood kids playing in our yard/driveway even when we are not home! Best of luck. Wish I could tell you more, but you could also check your homeowners insurance policy or agent and ask them.

Hi W.~
Boy do I relate to this topic. My DS fell at a friends house on the trampoline and broke his ankle in 4 places-twice in the growth plate. It is still uncertain whether he will have permanent damage due to this fall. There were 3 boys jumping on the trampoline and no parents were around to supervise. The boys are a bit older and I think we all get a bit more lax on supervising their play-I don't blame or judge the homeowner.
We are very lucky to have insurance that has covered his extensive medical bills-so far the bills have come in at about $10,000 and we are not even done with treatment yet. I also am a stay at home mom who has been able to accommodate his needs(walking him in and out of class each day, carting him around to specialists). Out of pocket, we are probably approaching $2,000 in medical expenses and equipment. What I am wanting to illustrate is how expensive these very common injuries are. Fortunately, we have been able to cover these expense-if we did not have the insurance or means and if I was not a SAHM, this injury would have catastrophic for us. Because we are covered, we have never considered sueing. However, someone else might HAVE to just to get their child the medical attention they need. You just never know which child that is. A fall on a trampoline is not a simple injury-it is one which oftern requires a lot of expensive medical attention.
Sooooooo...my advice for you would be-please supervise all who play on your trampoline if you are committed to having it and NEVER allow more than one on at a time. You will not only save yourself a possible lawsuit but prevent a terrible injury.

Good luck,
N.

Yes! When the kids are on your property, under your supervision, you are responsible for their safety. You can purchase a very inexpensive umbrella policy through your agent that will protect you.

W.,
I think in todays world it is necessary to cover yourself.. I would type up a document and have the parents of the friends sign the form....You could probably find a sample document on line..or call a lawyers office for guidance.
Always watch your back!!!

We recently moved to Keller but our previous home had a pool. We required each child to have a note with a phone number from their parents giving them permission to swim in the pool. This way we know that their parents were aware they are swimming and if something occurs we would call the parents immediately. If something catastrophic happens the parents of the child can file a claim againtst your home owners insurance policy. The claim would cover any medical attention that the child had to receive due to an accident or injuries sustained at your home. This happened to our son when he was attending a birthday party and was bit by the neighbors dog. Although we had to pursue it legally.

The thing to remember is the trampoline of today is a lot different them the trampoline of our day. With the nets and the soft mats placed for safety it should be hard to get hurt on one but if it does happen and it is something severe you can be held liable.

Something to consider is a document drawn up that each parent signs indicating that the trampoline is a jump at your own risk activity.

Hope this helps,

A. S.

What a great question W.!...I would probably do whatever you can to protect yourselves and the children...from having signed waivers (so that parents are aware),putting up a "not responsible for accidents" sign, increasing your insurance liability to having "rules" like only one child at a time or only when supervised by a parent. Wow! I was actually going to get one of these for my kids, however after reading all of these responses from other moms, I've changed my mind. It's too bad when FUN turns out to be a huge RISK! Blessings to you W. and thanks for asking the question.

When I was a kid we had to have a paper with permission to jump written and signed by our friends parents before they could jump on our trampoline. I think it's a great way to save your rump if something does happen and it also ensures that the parents know what their children are doing.

You are running a risk having a trampoline just as you would if you had a pool. We had a pool growing up and even though we had a fence around it and did all the things that are legally required when you have a pool, we still had to have special insurance to cover any potential accidents. We could be held liable even if someone climbed the fence during the night or while we were gone and something happened. You definitely should check with your home owners insurance company about liability issues in your state as you may need to have an additional coverage on your policy. In spite of all of that, I would definitely have VERY specific rules about the trampoline and if they aren't followed then no jumping. My husband is a physician and has seen WAY too many injuries (with or without the netting). We will never have one for that very reason. Best wishes!

I would love to see the replies to this because we have a trampoline too.

Good Morning...just wanted to share with you on the trampline issue. While growing up our neighbors had a trampoline and it was their policy that no one could come over and jump until their parents had signed a liability release form. This was back in the 70's and 80's. I now being a mother of 2 have run in to this same problem with my daughter and her friends and we actually had a girl break her ankle on our trampoline. Thank goodness the family had medical insurance but I did pay the co pays for the ER visit. I would advise you to take any steps to protect your self. We were lucky in that the family did not seek any legal action but there is always that chance. Hope this helps!
P. P.

You might have them sign the release form you metioned stating that they sign away all liability. I used to work in insurance and trampolines were a big no-no. A lot of companies demanded the homeowners remove them or put up the protection wall and would still exclude the liability part of the policy when it came to trampoline accidents. I think the release form is the best route.

W.,

I cant really respond to the legal ramifications, ONLY a lawyer can do that, and even then, what they are actually telling you is their interpretation of the law. I would consult an accident attorney. What I can tell you, is a horrifying story of what happened on our trampoline when my youngest daughter, now 24 was 11.
Two girls horsing around, making each other go higher and higher with what I call rebound jumping. My daughter's friend went out of control, when she came down, one leg went between the mat and the frame, the remainder of her body went off of the trampoline...............Instant, radical apiceotomy, her vagina was torn all the way to her rectum. I have no idea how my wife held herself together, she just did. Off to the hospital, Ironically, the girls mother was an ER nurse at the hospital. My wife had called her en-rout, and all was ready upon their arrival. They actually were at the ER in less than 10 min, much faster than an ambulance could have gotten her there. The girl was fine, was in a great amount of pain and very sore, but healed well, all financial issues were taken care of by our insurance, the mother was very cool about the whole thing, understood that it was an accident. The girl, and we were very lucky. The accident could have been far worse. After that it was ONE at a time or not at all. All the kids understood not a problem.

Grand pop Bart

About me, four wonderful children, six grand children

Hey my name is F. and when i was little there was legal stuff behind a kid getting hurt so my parents would make the kids in the neighborhood (their parents) sign a waiver saying it wasnt my parents fault if their child got hurt. They did the same for simming in our pool. Its simething that would be good to cover yourself

Hi W.!

I'm glad to see that you are one the responsible parents who watch their kids. We have neighbors who own trampolines and they are watchful.

My suggestions are to contact an attorney's office and get their imput, or go online under legal advice and see what you can come up with. Also check with your insurance company for your property and see what it covers.

Do you have one of those screens that you can put around the outer edge of the trampoline?

Have a safe day!

God bless you and yours!
T.

Hi W.,

You can never be too cautious. Years ago my son wanted to go play on a trampolione over at a friends house that lived with his grandmother. He came back with a release form that we had to sign before he could play. I throughly understood her fear and had no problem signing it. Today, too many look for every reasoning to sue and also there are too many people that don't have health insurance. You honestly cannot take the risk.

Better save, than sorry,
J.

Hi W.,

I had the same problem that you seem to be having. I contacted our home insurance company to make sure that it covered anyone that might become injured on my property. I was lucky because a friend's child fell out of our outdoor hammock and broke her arm. You might want to call your insurance company. Hope this helps!

P.

1. Make sure you have homeowner's (or renter's) insurance that covers your trampoline. Find out what their requirements for coverage are.

2. Talk to the girls' parents. Let them know that their daughter is welcome to come over, but if she's going to be jumping, she needs a parent to supervise.

A signed release form isn't diddly.

S.

Having the parents sign a release form is probably a good idea; however, I'm not sure that it would hold up in court. Limiting the kids to two at a time is very wise. If a child gets hurt while jumping on your trampoline, your homeowners' insurance would cover it. We actually had a teenager jump from our rooftop (second story home) onto the trampoline. Thankfully, he was not hurt. Kids do stupid things.

Your insurance policy probably won't cover this risk. To be honest, most companies who insure homeowners these days won't even insure you if they know you have a trampoline. The suggestion to take it down is really the best option. Even if your insurance policy would cover it, do you really want to live with your child being a paraplegic or someone else's - if it is YOUR child, the insurance WON'T cover it- hopefully you have excellent medical insurance AND Long Term care insurance in the event your child is injured. I have a friend who is a trauma doctor and says these are the WORST type of recreation for children. Even with the nets, they could land wrong and snap their necks....add onto that other children jumping at the same time and the risk is exponential. Please find another form of recreation that is less harmful. If they really insist on "trampolining" join a gymnastics gym that has the safety harnesses and training to assist your child in safer play.

Yes, there are. Your homeowner's insurance can be filed against and just by having the trampoline you could raise your rates.

J. S.

You should get their parents to sign a release form. If they were to get hurt, it is your property and you responsibilty. when I was younger my parents had to sign a release. If the parents are resonible they will be willing to sign.

Yes, I had to have the parents of the kids sign a release to be allowed to jump at our house. Just type up a quick form stating their child has their permission to jump & you are not liable for anything that may happen to their child ....etc.. This can keep you out of court.

I agree with some of the other people to get rid of it. I am a foster parent and state law goes do allow us to have them.

W.

We had this very situation happen to us! We moved to a new neighborhood and our next door neighbors 12yo came over and says she asked my then 3 yo if she could jump on the trampoline and my 3yo said yes. She jumped off and broke her arm in two places and had to have surgery to repair it.

Her parents said we were neglectful, since we did not see her fall. We didn't even know she was on the trampoline!

Our homeowners Ins. policy had to pay her hospital, dr., and pain and suffering! It was terrible. I felt badly she hurt herself but we didn't feel we were responsible. But our ins. company settled with her family. We learned to put locks on gates to backyard and are more vigilant about who we allow to play in our yard. We increased our homeowners policy to 3million on an accident! If someone gets hurt on your property in most situations your ins. company will pay them.

Best of luck! Don't give up the trampoline just be very vigilant about knowing who is on your property at all times!

mommyx7

When we had one, I did NOT allow other kids (besides my own ) on it UNLESS their parents were there to watch them...of course that never happened unless we had friends over that had kids. It scared me to death to have the trampoline in the yard. I was always afraid some kid would climb the fence and get hurt on it while we were not home. Also our HO insurance rates went up when they discovered we had one.

The trampoline was a "gift" from a very thoughtless brother in law...(I told him NOT to buy them one and he did it anyway...I didn't want to be the ol' fuddy-duddy and allowed it, but was happy when it was gone.

All I can think of is have the parents sign a waiver. This is what a lady that lived next to us and had a trampoline did.

My friends who have trapolines just put the safety net up that way no one falls out. If they fall off the trapoline because there is no net, they risk breaking an arm or worse.

We had the same problem with children riding our horses, i would get a release signed by the parents, not holding you responsible in case of an accident. In the event of an unfortunate accident a parent could sue you and make a claim against your insurance company, or i think you can even post a sign, not responsible for accidents. I know it sounds crazy, but you are right these days, you have to protect yourself. Good luck

Just wanted to give you something to think about....check with your Homeowners carrier! Some insurance companies have quit covering tramopline related accidents. Call your agent and find out if your policy will cover you if something does happen to one of the neighborhood kids. Also, I would go to the parents and ask them if they are aware of the kids jumping on the tramopline and see if they will sign a release. It wouldn't hurt but not sure if it will hold up in court. You are right....we have turned into a sue happy society.

Yes, get them to sign a release form, and preferably one at a time. I had a large rectangle one for my children, and they had many head collisions; fortunately knowone was hurt too badly. Better safe than sorry!

D. G.

I think these days anyone can sue you for anything, in reality I think most parents know anywhere thier child goes there is potential danger.I dont think you have to go as far as to make them sign release forms but I would make sure they know they are jumping on the trampoline when they are at your house.

My mom has a trampoline and a pool in her yard! she had each kids' parents write a letter to her stating that in the event they were injured it was at no fault to my moms or stepdads... they signed it, dated it, and put phone numbers etc... all handwritten in the other parents and she keeps copies handy. but you can still check into it further... better safe than sorry!

W., my in-laws are insurance brokers, and all carriers will not cover trampoline injury under home owners! This is due to the numerous numerous numerous injurys. A Child in our town is now a vegitable from an injury to the head.
Take it down. Buy a swing set. Tell your daughter a bob cat broke it! Really I am serious. Google Trampoline injurys and see what you find.

My mom watched us on ours too and her friends daughter broke her leg on ours and they sued my mom and dad so...idk i wont let anyone jump on ours!!!They may think Im a mean mom but oh well!!

my neighbor had us sign an simple contract that they are not responsible for any accidents .. I'm ok with that.

Have parents sign before kids get on it.. you just never know.

I'll be watching responses too since we just got a trampoline ourselves and expect the same problems. While a parental consent form seems like a good idea all around and can't hurt, honestly, I don't think it would matter if someone actually wanted to sue you. They would just have to show neglect in some way, either you weren't there, the trampoline wasn't maintained etc. The good thing about a consent form is that there is NO DOUBT that they parent knew you had a trampoline and said it was okay for their kid to play on it.

Our rule of thumb is going to be, if I don't know their parents well enough (in kid terms) or don't trust them to not sue me if their kid does something nutty and gets hurt on our over padded, over netted trampoline (grown up terms) then they don't jump. we play with something else.

Looking forward to your feedback.

With Gratitude,
J. M

When we had our trampoline, we had typed up a release form for the parents to sign. It was simply stated that the kids had their parents permission to jump and if any accidents should happen we would not be liable for the medical bills. Luckily all the parents were on board with it. Good Luck!

We had neighbors that required a consent form be signed before using their trampoline and I think it is a great idea.
Here's something else you might want to think about as well. We had a friend over and they were sitting in one of our porch swings when it fell. She went to the emergency room because the arm she used to catch herself started swelling. Her health insurance company wanted our home owner's policy to cover their expenses. Luckily our friend said there was no neglect on our part and the home owners never had to pay. We have increased our coverage and hope that nothing like this happens again. I have a feeling that if the expense had been more than a trip to the emergency room the health insurance company's attorneys might have been more aggresive. Our friend didn't want to file against us, but she didn't have a choice. Her insurance did it for her.
It's a sad day when we can't have friends over for fear of being sued.

We also have a trampoline in our back yard. I worry about these same issues. My understanding is that you are liable for anyone that is hurt on your trampoline, EVEN if they sneak in your backyard and jump without your permission or knowledge. Just the same as is if you own a pool. I am not a legal expert, but this is what I have been told. If you do not know the families of the other children or fear they may be the suing type, then you would be wise to have them sign a release form. You can find standard examples on the internet. We have not ever done this, but have always let any parents know that we have a trampoline and be sure their kids have permission to jump. This would probably not protect us from a law suit, so we are taking a chance. We have had our trampoline for about five years and luckily have not had any serious injuries.

I think the release form is the best way to go I had our neighbor sing one for the same reason They were fine with it and understood why I was asking. Whats the worst that could happen? and if they wont sign then I would NOT let their kids come over and jump.

Absolutely you should have the parents sign
a release form and then file it with your
documents. This will keep you from having a
law suit filed if one of the children gets hurt.

I also suggest you make a copy of the releases
so you will have more than one of each of them.

In this day of law suits people cannot afford
to take a risk like you are doing. Mrs.W.

We also have that problem. Every child that comes over and jumps on our trampoline has to sign a waver stating that if something happens to them, I am not responsible. I also have them go home and have their parents sign it. If I don't have a parent's signature on a waver, then it's simple, you don't jump on my trampoline! Good Luck!

yes. I work in a law firm. If another child get's hurt on your property (being that you are a home-owner) then, that child's parents can legally sue you for damages...ie, medical bills, etc. Pretty much anything that goes wrong with the child if he/she gets hurt on your property. This would be paid out by your home-owners insurance. (my suggestion is that if you don't have insurance, get it!)Most of the time, if parents have insurance on their children already, then it's not that big of a deal. Being a parent myself, I would weigh the risks. Obviously, going to play on a trampoline could cause injury...Now if I still let my son come play based on that knowledge, then technically...it's not your fault, and I wouldn't go that far. I WOULD want to know that my child was being watched though. It's too bad that children can't go have fun anymore like we did when we were kids. And, in the sue-happy country we live in lately, A parent could decide to sue you later. One other fun fact. People can only sue for up to 2 years from the date of the incident occured. After that, they are SOL. You may think about having the parents sign a waiver stating that if an accident occurs on that trampoline, that you are not at fault. This may protect you. Yes, it's cheesy...and stupid. But that is what this world has become.

W., your concern is very valid. It is something I struggled with when my kids were younger. We were very fortunate that nothing ever happened. I always watched the kids while they were jumping. My daughter broke her ankle while jumping with my son and a friend. I found out from her orthopedic surgeon that most trampoline injuries are not from falling or being bounced off the trampoline, they are from more than one person jumping at a time. So I quickly made that a new rule. It's just something you may want to consider to decrease the risk of any children getting hurt while jumping trampoline on your property. Good luck!

Here is another question for you, do the other children's parents know they are on the trampoline. We had one in our back yard and found out that the little girl next door's mom, forbid her to get on a trampoline, but the daughter never told me that. I talked to her mom one day and she told me that she was a nurse and saw too many children brought in from accidents on them. She did not want her daughter jumping on them at all and asked me to be sure that she never got on it. So even without the form, its still a good idea to talk to the parents.

I am a Legal Assistant and yes you can and will be held liable if any of the children are hurt while playing at your home, I have heard of alot of parents having people signs waivers(have an attorney look over before hand) before they will allow children to play at there home if there is anything that could present a risk ie. swimming pools and the biggest trampolines, which cause injurys for alot of children each year, yes times are different. So protect your family and look into consent from parents that will hold up legally incase there is ever an accident.

I am 33 and we had a trampoline growing up. All the neighborhood kids would come and jump. My mom actually had the neighborhood parents write a note to her and sign it saying it was ok for their children to jump and that they did not hold her responsible for accidents. I am not sure if this would have prevented them from suing her but she kept a letter from each family.

M. C

I think this is what they call in legal terms an "attractive nuisance". You don't say where this is located. Hopefully, behind a locked fence in your back yard.

I would talk to your home insurance agent to see what is covered under your policy. My guess is, if someone using the trampoline is injured on your property, you can be held liable and may be wise to up your coverage. I'm sure they have run into something like this in the past and may have some advice for you.

Do you have a safety net enclosure around the trampoline?
We have had our trampoline for 5yrs. and have had zero accidents. We have the occasional head bumped or mouths get kicked, nothing major.We have the safety enclosure and it has been a life saver. If you have one I would either ask for a waiver or let the children know the rules and if they break them they go home or sit out for awhile. They are at your home and you set the rules.I think you will get more comfortable the longer you have it. It really depends on the age of the kids. Also if you have boys they are always wrestling and rough.

Goodluck

My ex was a LTC in the Army and really smart. He ran a city on base in Alaska. So we had a pool and would not let kids come swim in it unless they signed a Hold Harmless letter. We had an attorney that lived next door and my ex took the letter to him. It does not hold a lot of water but my thoughts are if they are not willing to sign then I am not willing to let their child on it. I also have a trampoline and a Day Care business at him. The state does not allow Day Care kids on trampolines. If I could not keep them off then I would have to put up a fense or some way to keep them off. They are all so little no one has tried to get on it. They also know I would have to get after them if they did. Anyone can sue any one for anything these days. I guess enough kids have gotten hurt it is a no no. So just be careful. I have the screening around it and I feel safer but I also do not allow but two at a time. They get to jumping and some one can land on an arm or leg. You never know. An attorney said a contract is any thing written down that you both understand and sign. Good luck and happy jumping. I got it also to try and keep my granddaughter and her friends here rather he go there. G. W