Can You Sue a Trampoline Activity Center for Injury Despite a Waiver?
Trampoline activity centers and similar places can be a lot of fun but also a little risky. It is common for these kinds of businesses to have customers sign waivers that seem to absolve the business of legal liability for injuries. While this is somewhat true, the business is not absolved of all liability or responsibility for safety. Moreover, not all waivers are legally enforceable, and you might still be able to sue for damages if you are hurt.
You can still sue a trampoline activity center for injuries if you sign a waiver. Your ability to recover damages might be limited depending on what the waiver says. However, if the waiver does not meet certain rules and legal requirements, it might be unenforceable, and you can sue freely. For example, if the waiver terms are unclear or the person who signed it was a minor, we can help you challenge its validity.
Speak to our NYC personal injury attorneys for a free case review by calling The Carrion Law Firm at (718) 841-0083.
Can I Sue a Trampoline Activity Center if I Signed a Waiver?
Trampoline activity centers are popular among families with young children, teens, and even adults. These facilities often have many large trampolines where customers can jump, flip, and exercise while having fun.
Trampolines can be fun but also dangerous, which is why many trampoline activity centers and businesses have customers sign waivers before entering the facilities. While the waiver might limit someone’s ability to sue in case of injuries, it does not completely absolve the trampoline activity center of all responsibility.
People sometimes mistakenly believe that waivers are ultra-powerful legal documents that completely block injured people from suing for damages. People must often sign waivers before engaging in risky or dangerous activity, like jumping on trampolines. The truth is that a waiver might prevent you from suing in certain circumstances, but it likely does not absolve the trampoline business from all liability. Our personal injury attorneys might still be bale to help you sue for damages if you signed a waiver.
The trampoline activity center still owes its customers a duty of care and safety. The equipment must be in safe condition and well maintained. Reasonable inspections should be made regularly to check for broken equipment or unsafe conditions that might cause someone to get hurt. In short, a waiver might not protect the trampoline activity center if they do not fulfill their legal obligations of care and safety toward customers.
What Makes a Waiver Enforceable and Prevents People From Suing?
Waivers are contracts between business owners and customers. When you sign a waiver, you agree to waive your right to sue in exchange for entrance into the trampoline activity center. However, waivers must meet certain legal requirements to be legally enforceable. An unenforceable contract has no power over you and cannot stop you from suing for injuries.
Contracts must be signed knowingly and willingly. A rather underhanded tactic some business owners use is having customers sign agreements with waivers in the fine print. Tell your Syracuse, NY personal injury lawyer if you are not informed of the waiver and believe you were misled. These kinds of waivers are often unenforceable.
Another requirement of enforceable contracts is clarity. The waiver’s language should be clear, detailed, and leave little room for interpretation. When language is vague or lacks detail, it might be unclear what rights you are waiving. This could allow business owners to exploit the waiver and take advantage of unsuspecting customers.
As mentioned before, kids and teenagers often like to go to trampoline activity centers. If a minor signs a waiver without a parent, it may be enforceable but also voidable. When a waiver is voidable, it is legal and possibly binding, but one or both parties may alter or cancel it. If your child signed a waiver for a trampoline center without you, you may have the waiver voided.
How to Work Around a Waiver and Sue a Trampoline Activity Center
While a waiver might shield a business from liability, it does not completely negate any responsibility the business might have for the safety of its customers. If you are injured in a trampoline activity center, you should talk to a lawyer about it, even if you signed a waiver.
The Business is Still Responsible for Safety
Businesses are not completely insulated from liability even when customers sign legally binding waivers. The waiver is only a single layer of protection and does not necessarily protect a business from all possible legal action. For example, a trampoline activity center is still responsible for customers’ safety even if they sign waivers.
The trampoline activity center should make sure that equipment is in working order and safe to use. The equipment and the facilities should also be regularly inspected for damage and normal wear and tear. If anything seems unsafe, the business has a duty to repair or remove the broken equipment. To allow a business of almost any kind to avoid duties of safety would contravene public interests and policy.
Intentional Harm
The company and its employees cannot intentionally cause harm even if a waiver is otherwise valid. Similarly, they cannot cause harm by engaging in reckless conduct or behavior that may be considered gross or egregious negligence. This means that if an employee intentionally injured you – perhaps after a disagreement – the business might still be liable for your damages.
Alternatively, the business might be liable if an employee engaged in behavior that rises to the level of gross negligence. Allowing customers to jump on trampoline equipment they know for a fact is damaged might fall under this category.
The Waiver Was Not Clear
Another way you might be able to sue despite a waiver is if the terms were unclear when you signed it. Waivers must be clear to be considered legally binding. They cannot be open to interpretation. On top of that, the waiver must be signed knowingly and willingly. Fine print waivers might not be enforceable. If you signed some paperwork that, unbeknownst to you, contained a waiver, tell your lawyer right away. Even if you knew about the waiver, have your lawyer review it anyway. If the terms are not sufficiently clear or left somewhat ambiguous, the waiver might be unenforceable.
Get in Touch with Our Personal Injury Attorneys for Help Now
Speak to our Buffalo, NY personal injury attorneys for a free case review by calling The Carrion Law Firm at (718) 841-0083.