Trampoline Accidents Causing More Injuries Especially Broken Bones

January 25, 2009
By Dan Irving Cytryn, Esq. on January 25, 2009 10:53 AM | | Comments (0)

Trampoline accidents and injuries are on the increase. Homeowner's insurance may or may not cover the homeowner, depending upon whether there is an exclusion in the homeowner's policy.

Claims and lawsuits against homeowners are possible, but only if they are not excluded in the homeowner's insurance policy. These claims, especially involving children, would be based upon the adult homeowner's failure to warn, or failure to supervise.

There is also a possibility of a valid claim against on older child who is not the homeowner who is not following warnings and allows or causes a younger child to be injured.  So even if the supervising older child does not reside on the premises where a younger child is injured, there may be a negligence claim made against the older child (say at least a teenager) under the homeowner's policy where that teen lives (again, if there is no exclusion for trampolines in that teen's parent's homeowner's policy).

Manufacturers' instructions warn against the use of a trampoline by more than one user at the time. Claims against manufacturers are also possible, but are much more difficult to win because of the extensive warnings placed in the manufacturer's warning booklets. However, the warnings should also be placed right on the trampoline and visible to the reader so that the user is reminded of the dangers of things such as multiple users at one time. Unfortunately, some of the children who are injured from trampoline use aren't even able to read, and if if they are, children are likely to ignore warnings.

Children between the ages of 5 and 14 represent 70% of the victims, and according to the Consumer Product Safety Commission, there have actually been several deaths. EOrthopod points out that in 1971, the NCAA stopped allowing the trampoline as part of its competition, and that in 2006, the American Academy of Pediatrics recommended restricting and removing trampolines from schools, outdoor playgrounds and homes.

In 1998, almost `100,000 visits to emergency rooms in the United States were due to trampoline accidents, with the most common injuries broken bones.

Tips for use and safety are set forth in an article entitled Trampoline Injuries: Visits to Emergency Rooms are Jump'n.

Dan Cytryn is an injury and accident lawyer handling trampoline accident cases throughout the United States

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