According to market research, trampoline parks are growing in popularity and are expected to continue expanding for at least the next five years. They feature large rooms with wall-to-wall trampolines framed by cushioned borders. Kids and adults alike enjoy bouncing and jumping on them, and most also have additional activities like foam pits or airbags.
If you’ve ever gone to one of these, you may have signed a waiver before you were allowed on the trampolines. The waiver has language that seems to protect the facility from any liability in the event of an injury. It can dissuade people from filing a lawsuit if an accident occurs.
In Virginia, however, most pre-injury liability waivers are not enforceable. Find out why and how you may be able to recover your damages below. There are exceptions, so it’s best to contact our Virginia Beach personal injury attorneys for help. We will examine the facts in your case and determine if you are entitled to compensation, even if you did sign a waiver.
Injuries at a Trampoline Park Can Be Serious
According to a 2024 study in the scientific journal Pediatrics, trampoline park injuries “occur in important numbers with sometimes serious consequences.”
The American Academy of Orthopaedic Surgeons added that trampoline and jump parks “have been linked to a higher percentage of total fractures among pediatric and adult patients, including lower extremity fractures, fractures in adults, open fractures and surgical fractures when compared with home trampolines.”
Researchers note that safety measures at these parks have increased in recent years, but the danger remains. If you or a loved one was injured at one of these parks and you signed a waiver, you may wonder about your rights.
Pre-Injury Liability Waivers Usually Not Enforceable in Virginia
Most of the time, you must sign a liability waiver before you can access the trampolines. You can always refuse to sign the waiver, but then you probably won’t be allowed into the park.
Since the waiver says that the business is not legally responsible for any injuries, damages, or losses that occur, you may feel like you cannot take legal action if you sign the waiver and then are injured while at the park. But in Virginia, you still have options for recovering your losses.
In 1890, the Virginia Supreme Court ruled that pre-injury liability release forms require people to waive their legal rights to be compensated for their injuries regardless of whether the provider was at fault, which is against public policy. Again in 1992, the Supreme Court concluded that a pre-injury release form was prohibited by public policy and thus, void.
In other words, the Supreme Court was saying that a party (such as a trampoline park) cannot be released of its duties surrounding safety before an injury occurs. Businesses and organizations have a duty to ensure the safety of their products, facilities, and equipment, and if they fail to live up to that duty, may be considered negligent and found liable for damages, even if the injured party signed a waiver.
The Negligent Party May Try to Use the Form Against the Injured Party
You may wonder why trampoline parks and other businesses still require customers to sign liability waivers if they are not generally enforceable.
They can still be effective at discouraging people from pursuing a lawsuit, as most customers are unaware of the details of Virginia law. They can also help insurance companies argue that the plaintiff knew about the risks before engaging in the activity.
There are a few scenarios where the waiver may be upheld in Virginia. If a participant’s actions caused their injury—or if one participant caused the injury of another—the business may not be liable in those instances.
The park’s insurance company could also use the form to argue that you assumed the risks when you decided to use the trampolines, which could bar you from recovering your damages. If the waiver describes the dangers of participating in the activity and you sign the form, that could be used as evidence against you.
Even if the liability waiver is determined to be void, however, you as the injured party must still be able to prove that the trampoline park management or owners were negligent and show how that negligence led to your injury.
How Can a Personal Injury Attorney Help?
If you or a loved one suffered a serious injury due to negligence at a trampoline park, contact our firm today for a free initial consultation. We will examine the facts of your case to determine your rights and will negotiate with the insurance companies involved on your behalf, as we did for this client when we helped secure a $800,000 verdict for him in a personal injury trial.
With over 100 years of combined legal experience, we have offices in Virginia Beach, Chesapeake, Portsmouth, Hampton, and Norfolk.
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For over twenty years, Mr. Sharp's law practice has focused on serious personal injury claims, including traumatic brain injury and spinal cord injury claims. He also handles nursing home neglect cases and medical malpractice claims. Mr. Sharp has counseled numerous clients about the complexities concerning litigation of both pediatric and adult brain injury. Mr. Sharp has been awarded the AV Preeminent ranking by Martindale, the highly respected and widely utilized directory of lawyers throughout the world. AV Preeminent status is awarded only to those lawyers who achieve the highest level of success within the legal field and is a testament to the fact that a lawyer's peers and Judges rank him at the highest level of professional excellence. He has also been recognized as a "Best Lawyer" by U.S. News for personal injury, an accolade awarded to only a small fraction of lawyers. Mr. Sharp has also been recognized by Super Lawyers as one of the top personal injury lawyers in Virginia. This recognition is awarded only to those lawyers who have achieved the highest level of success and have been recognized by their peers as demonstrating the highest level of professional excellence.
